80 FR 60744 - Qualification of Drivers; Exemption Applications; Epilepsy and Seizure Disorders
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration Federal Register Volume 80, Issue 194 (October 7, 2015)
Federal Motor Carrier Safety Administration
Federal Register Volume 80, Issue 194 (October 7, 2015)
| Page Range | 60744-60747 | |
| FR Document | 2015-25504 |
[Federal Register Volume 80, Number 194 (Wednesday, October 7, 2015)] [Notices] [Pages 60744-60747] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-25504] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA-2015-0115] 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 10 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 10 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 October 7, 2015. The exemptions expire on October 10, 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 60745]] 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 10 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 [[Page 60746]] 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 10 individuals. Under current FMCSA regulations, all of the 10 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 10 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 10 drivers, some of whom drive a CMV currently in intrastate commerce. The CDLIS and MCMIS were searched for crash and violation data on the 10 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 follows this section. For applicants who were denied an exemption, a notice was previously published. D. Comments Docket #FMCSA-2015-0115 On May 8, 2015, FMCSA published a notice of receipt of exemption applications and requested public comment on 18 individuals (80 FR 26612; Docket number FMCSA-2015-11123). The comment period ended on June 8, 2015. No commenters responded to this Federal Register notice. Of the 18 applicants, eight were denied. The Agency has determined that the following 10 applicants should be granted an exemption. Ian Correll-Zerbe Mr. Correll-Zerbe is a 26 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 January 2013. If granted the exemption, he would like to drive a CMV. His physician states that he is supportive of Mr. Correll- Zerbe receiving an exemption. Alan Feuerhelm Mr. Feurerhelm is a 68 year-old class A CDL holder in Iowa. He has a history of epilepsy and has remained seizure free since 1985. 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. Feuerhelm receiving an exemption. Robert J. Forney Mr. Forney is a 37 year-old class A CDL holder in Wisconsin. He has a history of a seizure disorder and has remained seizure free since 2005. He takes anti-seizure medication with the dosage and frequency remaining the same since 2011. If granted the exemption, he would like to drive a CMV. His physician states that he is supportive of Mr. Forney receiving an exemption. Bryan R. Jones Mr. Jones is a 31 year-old class B CDL holder in Pennsylvania. He has a history of epilepsy and has remained seizure free since 2002. 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. Jones receiving an exemption. Terri Kathleen Kahle Ms. Kahle is a 49 year-old class A CDL holder in Pennsylvania. She has a history of a seizure disorder and has remained seizure free since 2004. 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. Kahle receiving an exemption. Ivan M. Martin Mr. Martin is a 56 year-old driver in Pennsylvania. He has a history of a seizure disorder and has remained seizure since 1985. 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. Martin receiving an exemption. James Joseph Marvel Mr. Marvel is a 64 year-old driver in Virginia. He has a history of epilepsy and has remained seizure free since 1967. 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. Marvel receiving an exemption. Andy L. McNeal Mr. McNeal is a 52 year-old class B CDL holder in Indiana. He has a history of a single seizure and resected brain tumor in 2007. 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. McNeal receiving an exemption. Richard S. Nelson Mr. Nelson is a 79 year-old class A CDL holder in Minnesota. He has a [[Page 60747]] history of a seizure disorder and has remains seizure free since 1962. 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 Nelson receiving an exemption. Michael D. Williams Mr. Williams is a 48 year-old class A CDL holder in Nevada. 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 2002. If granted the exemption, he would like to drive a CMV. His physician states that he is supportive of Mr. Williams 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 10 individuals based on a thorough evaluation of each driver's safety experience and medical condition. Safety analysis of information relating to these 10 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 10 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 10 drivers for a period of 2 years with annual medical certification required: Ian Correll-Zerbe (PA); Alan Feuerhelm (IA); Robert J. Forney (WI); Bryan R. Jones (PA); Terri Kathleen Kahle (PA); Ivan M. Martin (PA); James Joseph Marvel (VA); Andy L. McNeal (IN); Richard S. Nelson (MN); and Michael D. Williams (NV) 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 29, 2015. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2015-25504 Filed 10-6-15; 8:45 am] BILLING CODE 4910-EX-P
![60744 Federal Register / Vol. 80, No. 194 / Wednesday, October 7, 2015 / Notices
the diabetes requirement in 49 CFR Nicole E. Brown (VA) DEPARTMENT OF TRANSPORTATION
391.41(b)(3) if the exemption is likely to Joel R. Currie (MN)
achieve an equivalent or greater level of Federal Motor Carrier Safety
Vladimir Desyatnik (MA) Administration
safety than would be achieved without
the exemption. The exemption allows George C. Druzak (PA)
[Docket No. FMCSA–2015–0115]
the applicants to operate CMVs in William L. Duncan (FL)
interstate commerce. Colin K. Featherston (IN) Qualification of Drivers; Exemption
To evaluate the effect of these Leland R. Frazier, Jr. (GA) Applications; Epilepsy and Seizure
exemptions on safety, FMCSA Disorders
considered medical reports about the Robert C. George (TX)
applicants’ ITDM and vision, and Louis E. Graves (MS) AGENCY: Federal Motor Carrier Safety
reviewed the treating endocrinologists’ Jeremiah D. Herbst (MD) Administration (FMCSA), DOT.
medical opinion related to the ability of Loren G. Howard (AK) ACTION: Notice of final disposition.
the driver to safely operate a CMV while
using insulin. John A. Irwin (IL) SUMMARY: FMCSA announces its
Consequently, FMCSA finds that in Gregory M. Johnson (TX) decision to grant requests from 10
each case exempting these applicants Calvin Jones (NC) individuals for exemptions from the
from the diabetes requirement in 49 CFR regulatory requirement that interstate
Marvin T. Kruse (SD)
391.41(b)(3) is likely to achieve a level commercial motor vehicle (CMV)
of safety equal to that existing without Richard L. Langdon (NY) drivers have ‘‘no established medical
the exemption. William L. Marshall (FL) history or clinical diagnosis of epilepsy
William Martin (NY) or any other condition which is likely
V. Conditions and Requirements to cause loss of consciousness or any
Phillip K. Miles (PA)
The terms and conditions of the loss of ability to control a CMV.’’ The
exemption will be provided to the Mark R. Miller (IA) regulation and the associated advisory
applicants in the exemption document Miguel A. Morales (NY) criteria published in the Code of Federal
and they include the following: (1) That David S. Navarro (MD) Regulations as the ‘‘Instructions for
each individual submit a quarterly Kevin L. Novotny (MN) Performing and Recording Physical
monitoring checklist completed by the Examinations’’ have resulted in
treating endocrinologist as well as an Michael D. Parsons (IN) numerous drivers being prohibited from
annual checklist with a comprehensive Amanda K. Perez-Littleton (NM) operating CMVs in interstate commerce
medical evaluation; (2) that each Jerry L. Perry (OH) based on the fact that they have had one
individual reports within 2 business Michael J. Peterson (MN) or more seizures and are taking anti-
days of occurrence, all episodes of seizure medication, rather than an
John S. Pitfield (NC)
severe hypoglycemia, significant individual analysis of their
complications, or inability to manage Manuel H. Plascencia (IL) circumstances by a qualified medical
diabetes; also, any involvement in an Thomas E. Ringstaff, Jr. (OH) examiner. The Agency concluded that
accident or any other adverse event in Edwin Rivera (NY) granting exemptions for these CMV
a CMV or personal vehicle, whether or Milton E. Sullivan (VA) drivers will provide a level of safety that
not it is related to an episode of is equivalent to or greater than the level
hypoglycemia; (3) that each individual Patrick A. Tucker (CA) of safety maintained without the
provide a copy of the ophthalmologist’s John E. Vee (IA) exemptions. FMCSA grants exemptions
or optometrist’s report to the medical Russell A. Wilkins (VA) that will allow these 10 individuals to
examiner at the time of the annual William D. Willis (GA) operate CMVs in interstate commerce
medical examination; and (4) that each for a 2-year period. The exemptions
individual provide a copy of the annual David A. Wolff (NY) preempt State laws and regulations and
medical certification to the employer for In accordance with 49 U.S.C. 31136(e) may be renewed.
retention in the driver’s qualification and 31315 each exemption is valid for DATES: The exemptions are effective
file, or keep a copy in his/her driver’s two years unless revoked earlier by October 7, 2015. The exemptions expire
qualification file if he/she is self- FMCSA. The exemption will be revoked on October 10, 2017.
employed. The driver must also have a if the following occurs: (1) The person
FOR FURTHER INFORMATION CONTACT:
copy of the certification when driving, fails to comply with the terms and
conditions of the exemption; (2) the Charles A. Horan, III, Director, Office of
for presentation to a duly authorized Carrier, Driver and Vehicle Safety, (202)
Federal, State, or local enforcement exemption has resulted in a lower level
of safety than was maintained before it 366–4001, or via email at
official. fmcsamedical@dot.gov, or by letter to
was granted; or (3) continuation of the
VI. Conclusion exemption would not be consistent with FMCSA, Department of Transportation,
Based upon its evaluation of the 42 the goals and objectives of 49 U.S.C. 1200 New Jersey Avenue SE., Room
exemption applications, FMCSA 31136(e) and 31315. If the exemption is W64–224, Washington, DC 20590–0001.
exempts the following drivers from the still effective at the end of the 2-year Office hours are 8:30 a.m. to 5 p.m.,
Monday through Friday, except Federal
asabaliauskas on DSK5VPTVN1PROD with NOTICES
diabetes requirement in 49 CFR period, the person may apply to FMCSA
391.41(b)(10), subject to the for a renewal under procedures in effect holidays.
requirements cited above 949 CFR at that time. SUPPLEMENTARY INFORMATION:
391.64(b)): Dated: September 29, 2015. A. Electronic Access
Robert L. Adams (GA)
Larry W. Minor, You may see all the comments online
Steven D. Beale (WA)
Kevin N. Bigham (PA) Associate Administrator for Policy. through the Federal Document
Eric B. Bratanich (WI) [FR Doc. 2015–25503 Filed 10–6–15; 8:45 am] Management System (FDMS) at: http://
Jeffry L. Bromby (CA) BILLING CODE 4910–EX–P www.regulations.gov.
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Docket: For access to the docket to Agency acknowledges the potential medication(s), the plan for medication
read background documents or consequences of a driver experiencing a should be stable for 2 years. Stable
comments, go to http:// seizure while operating a CMV. means no changes in medication,
www.regulations.gov and/or Room However, the Agency believes the dosage, or frequency of medication
W12–140 on the ground level of the drivers covered by the exemptions administration. Recertification for
West Building, 1200 New Jersey Avenue granted here have demonstrated that drivers with a single unprovoked
SE., Washington, DC, between 9 a.m. they are unlikely to have a seizure and seizure should be performed every 2
and 5 p.m., Monday through Friday, their medical condition does not pose a years.
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 10 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 should not be certified. Drivers with a
exemption applications is based on an
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/
should be performed every year. seizures off anti-seizure medication and
1 Commercial Driver License Information System
Single unprovoked seizure. If there is seizure-free for 10 years may be
(CDLIS) is an information system that allows the a single unprovoked seizure (i.e., there qualified to drive a CMV in interstate
exchange of commercial driver licensing is no known trigger for the seizure), the commerce. Interstate drivers with a
asabaliauskas on DSK5VPTVN1PROD with NOTICES
information among all the States. CDLIS includes individual should be seizure-free for 4
the databases of fifty-one licensing jurisdictions and
history of a single unprovoked seizure
the CDLIS Central Site, all connected by a
years, on or off medication. If the may be qualified to drive a CMV in
telecommunications network. individual is taking anti-seizure interstate commerce if seizure-free and
2 Motor Carrier Management Information System
off anti-seizure medication for a 5 year
(MCMIS) is an information system that captures 3 Engel, J., Fisher, R.S., Krauss, G.L., Krumholz,
period or more’’ [Advisory criteria to 49
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 CFR 391.43(f)].
inspection, crash, compliance review, safety audit, Commercial Motor Vehicle Driver Safety,’’ FMCSA, The Agency acknowledges the MRB’s
and registration data. October 15, 2007. position on the issue but believes
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history of a seizure disorder and has continuation of the exemption would W64–224, Washington, DC 20590–0001.
remains seizure free since 1962. He not be consistent with the goals and Office hours are 8:30 a.m. to 5 p.m., e.t.,
takes anti-seizure medication with the objectives of 49 U.S.C. 31136 and 31315. Monday through Friday, except Federal
dosage and frequency remaining the FMCSA exempts the following 10 holidays.
same since that time. If granted the drivers for a period of 2 years with SUPPLEMENTARY INFORMATION:
exemption, he would like to drive a annual medical certification required:
CMV. His physician states that he is Ian Correll-Zerbe (PA); Alan Feuerhelm A. Electronic Access
supportive of Nelson receiving an (IA); Robert J. Forney (WI); Bryan R. You may see all the comments online
exemption. Jones (PA); Terri Kathleen Kahle (PA); through the Federal Document
Ivan M. Martin (PA); James Joseph Management System (FDMS) at:
Michael D. Williams
Marvel (VA); Andy L. McNeal (IN); www.regulations.gov.
Mr. Williams is a 48 year-old class A Richard S. Nelson (MN); and Michael D. Docket: For access to the docket to
CDL holder in Nevada. He has a history Williams (NV) from the prohibition of read background documents or
of a seizure disorder and has remained CMV operations by persons with a comments, go to www.regulations.gov
seizure free since 1987. He takes anti- clinical diagnosis of epilepsy or and/or Room W12–140 on the ground
seizure medication with the dosage and seizures. If the exemption is still in level of the West Building, 1200 New
frequency remaining the same since effect at the end of the 2-year period, the Jersey Avenue SE., Washington, DC,
2002. If granted the exemption, he person may apply to FMCSA for a between 9 a.m. and 5 p.m., e.t., Monday
would like to drive a CMV. His renewal under procedures in effect at through Friday, except Federal holidays.
physician states that he is supportive of that time. Privacy Act: In accordance with 5
Mr. Williams receiving an exemption. U.S.C. 553(c), DOT solicits comments
Issued on: September 29, 2015.
E. Basis for Exemption from the public to better inform its
Larry W. Minor,
rulemaking process. DOT posts these
Under 49 U.S.C. 31136(e) and Associate Administrator for Policy. comments, without edit, including any
31315(b), FMCSA may grant an [FR Doc. 2015–25504 Filed 10–6–15; 8:45 am] personal information the commenter
exemption from the epilepsy/seizure BILLING CODE 4910–EX–P provides, to www.regulations.gov, as
standard in 49 CFR 391.41(b)(8) if the described in the system of records
exemption is likely to achieve an notice (DOT/ALL–14 FDMS), which can
equivalent or greater level of safety than DEPARTMENT OF TRANSPORTATION be reviewed at www.dot.gov/privacy.
would be achieved without the
exemption. Without the exemption, Federal Motor Carrier Safety B. Background
applicants will continue to be restricted Administration Under 49 U.S.C. 31136(e) and 31315,
to intrastate driving. With the [Docket No. FMCSA–2014–0104] FMCSA may grant an exemption from
exemption, applicants can drive in the safety regulations for a 2-year period
interstate commerce. Thus, the Agency’s Qualification of Drivers; Application for if it finds ‘‘such exemption would likely
analysis focuses on whether an equal or Exemptions; Hearing achieve a level of safety that is
greater level of safety is likely to be equivalent to or greater than the level
achieved by permitting each of these AGENCY: Federal Motor Carrier Safety
that would be achieved absent such
drivers to drive in interstate commerce Administration (FMCSA), DOT.
exemption.’’ The statute also allows the
as opposed to restricting the driver to ACTION: Notice of final disposition. Agency to renew exemptions at the end
driving in intrastate commerce. of the 2-year period. The current
SUMMARY: FMCSA announces its
Conclusion decision to grant requests from 17 provisions of the FMCSRs concerning
individuals for exemptions from the hearing state that a person is physically
The Agency is granting exemptions qualified to drive a CMV if that person:
from the epilepsy standard, 49 CFR Agency’s physical qualifications
391.41(b)(8), to 10 individuals based on standard concerning hearing for First perceives a forced whispered voice in
interstate drivers. The current regulation the better ear at not less than 5 feet with or
a thorough evaluation of each driver’s
prohibits hearing impaired individuals without the use of a hearing aid or, if tested
safety experience and medical by use of an audiometric device, does not
condition. Safety analysis of from operating CMVs in interstate
have an average hearing loss in the better ear
information relating to these 10 commerce. After notice and opportunity
greater than 40 decibels at 500 Hz, 1,000 Hz,
applicants meets the burden of showing for public comment, the Agency and 2,000 Hz with or without a hearing aid
that granting the exemptions would concluded that granting exemptions for when the audiometric device is calibrated to
achieve a level of safety that is these drivers to operate property- American National Standard (formerly ASA
equivalent to or greater than the level carrying CMVs will provide a level of Standard) Z24.5–1951.
that would be achieved without the safety that is equivalent to or greater 49 CFR 391.41(b)(11). This standard
exemption. By granting the exemptions, than the level of safety maintained was adopted in 1970, with a revision in
the interstate CMV industry will gain 10 without the exemptions. The 1971 to allow drivers to be qualified
highly trained and experienced drivers. exemptions are valid for a 2-year period under this standard while wearing a
In accordance with 49 U.S.C. and may be renewed. The exemptions hearing aid, 35 FR 6458, 6463 (April 22,
31315(b)(1), each exemption will be preempt State laws and regulations. 1970) and 36 FR 12857 (July 3, 1971).
valid for 2 years, with annual DATES: The exemptions are effective FMCSA grants 17 individuals an
asabaliauskas on DSK5VPTVN1PROD with NOTICES
recertification required unless revoked October 7, 2015. The exemptions expire exemption from § 391.41(b)(11)
earlier by FMCSA. The exemption will on October 10, 2017. concerning hearing to enable them to
be revoked if the following occurs: (1) FOR FURTHER INFORMATION CONTACT: operate property-carrying CMVs in
The person fails to comply with the Charles A. Horan, III, Director, Office of interstate commerce for a 2-year period.
terms and conditions of the exemption; Carrier, Driver and Vehicle Safety, (202) The Agency’s decision on these
(2) the exemption has resulted in a 366–4001, fmcsamedical@dot.gov, exemption applications is based on the
lower level of safety than was FMCSA, Department of Transportation, current medical literature and
maintained prior to being granted; or (3) 1200 New Jersey Avenue SE., Room information and the ‘‘Executive
VerDate Sep<11>2014 18:12 Oct 06, 2015 Jkt 238001 PO 00000 Frm 00137 Fmt 4703 Sfmt 4703 E:\FR\FM\07OCN1.SGM 07OCN1](https://thefederalregister.org/doc/80_FR_60938/page/4.svg)
Document Created: 2015-12-15 08:49:40
Document Modified: 2015-12-15 08:49:40
| 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 October 7, 2015. The exemptions expire on October 10, 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 60744 |
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