81 FR 67422 - Qualification of Drivers; Exemption Applications; Epilepsy and Seizure Disorders

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration

Federal Register Volume 81, Issue 190 (September 30, 2016)

Page Range		67422-67424
FR Document		2016-23653

FMCSA announces its decision to exempt 22 individuals from the requirement in the Federal Motor Carrier Safety Regulations (FMCSRs) that interstate commercial motor vehicle (CMV) drivers have ``no established medical history or clinical diagnosis of epilepsy or any other condition which is likely to cause loss of consciousness or any loss of ability to control a CMV.'' The exemptions enable these individuals who have had one or more seizures and are taking anti- seizure medication to operate CMVs in interstate commerce.

Federal Register, Volume 81 Issue 190 (Friday, September 30, 2016)

[Federal Register Volume 81, Number 190 (Friday, September 30, 2016)]
[Notices]
[Pages 67422-67424]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-23653]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[FMCSA Docket No. FMCSA-2015-0321]


Qualification of Drivers; Exemption Applications; Epilepsy and 
Seizure Disorders

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION: Notice of final disposition.

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SUMMARY: FMCSA announces its decision to exempt 22 individuals from

[[Page 67423]]

the requirement in the Federal Motor Carrier Safety Regulations 
(FMCSRs) that interstate commercial motor vehicle (CMV) drivers have 
``no established medical history or clinical diagnosis of epilepsy or 
any other condition which is likely to cause loss of consciousness or 
any loss of ability to control a CMV.'' The exemptions enable these 
individuals who have had one or more seizures and are taking anti-
seizure medication to operate CMVs in interstate commerce.

DATES: The exemptions were effective on April 11, 2016. The exemptions 
expire on April 11, 2018.

FOR FURTHER INFORMATION CONTACT: Christine A. Hydock, Chief, Medical 
Programs Division, (202) 366-4001, [email protected], FMCSA, 
Department of Transportation, 1200 New Jersey Avenue SE., Room W64-224, 
Washington, DC 20590-0001. Office hours are from 8:30 a.m. to 5 p.m. 
e.t., Monday through Friday, except Federal holidays. If you have 
questions regarding viewing or submitting material to the docket, 
contact Docket Services, telephone (202) 366-9826.

SUPPLEMENTARY INFORMATION: 

Electronic Access

    You may see all the comments online through the Federal Document 
Management System (FDMS) at: http://www.regulations.gov.
    Docket: For access to the docket to read background documents or 
comments, go to http://www.regulations.gov and/or Room W12-140 on the 
ground level of the West Building, 1200 New Jersey Avenue SE., 
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, 
except Federal holidays.
    Privacy Act: In accordance with 5 U.S.C. 553(c), DOT solicits 
comments from the public to better inform its rulemaking process. DOT 
posts these comments, without edit, including any personal information 
the commenter provides, to http://www.regulations.gov, as described in 
the system of records notice (DOT/ALL-14 FDMS), which can be reviewed 
at http://www.dot.gov/privacy.

I. Background

    On March 9, 2016, FMCSA published a notice announcing receipt of 
applications from 31 individuals requesting an exemption from the 
epilepsy prohibition in 49 CFR 391.41(b)(8) and requested comments from 
the public (81 FR 12553). The public comment period ended on April 8, 
2016, and three comments were received.
    FMCSA has evaluated the eligibility of these applicants and 
determined that granting exemptions to 22 of 31 individuals would 
achieve a level of safety equivalent to or greater than the level that 
would be achieved by complying with the current regulation 49 CFR 
391.41(b)(8). On April 11, 2016 the remaining nine applicants received 
a letter of final disposition regarding his/her exemption request. 
Those decision letters fully outlined the basis for the denial. A 
notice announcing this decision was published on September 9, 2016 (81 
FR 62556).
    The physical qualification standard for drivers regarding epilepsy 
found in 49 CFR 391.41(b)(8) states that a person is physically 
qualified to drive a CMV if that person:

    Has no established medical history or clinical diagnosis of 
epilepsy or any other condition which is likely to cause the loss of 
consciousness or any loss of ability to control a CMV.

    In addition to the regulations, FMCSA has published advisory 
criteria \1\ to assist medical examiners in determining whether drivers 
with certain medical conditions are qualified to operate a CMV in 
interstate commerce. [49 CFR part 391, APPENDIX A TO PART 391--MEDICAL 
ADVISORY CRITERIA, section H. Epilepsy: Sec.  391.41(b)(8), paragraphs 
3, 4, and 5.]
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    \1\ See http://www.ecfr.gov/cgi-bin/text-idx?SID=e47b48a9ea42dd67d999246e23d97970&mc=true&node=pt49.5.391&rgn=div5#ap49.5.391_171.a and https://www.thefederalregister.org/fdsys/pkg/CFR-2015-title49-vol5/pdf/CFR-2015-title49-vol5-part391-appA.pdf.
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II. Discussion of Comments

    FMCSA received three comments in this proceeding. An anonymous 
commenter and Jake B expressed general support for allowing well 
controlled individuals with a history of seizures to drive 
commercially. Deb Carlson of the Minnesota Department of Public Safety 
expressed support for two applicants included in the notice, Richard 
Wenner and Dennis Zayic.

III. Basis for Exemption Determination

    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. The exemption allows the 
applicants to operate CMVs in interstate commerce.
    In reaching the decision to grant these exemption requests, FMCSA 
considered the 2007 recommendations of the Agency's Medical Expert 
Panel (MEP). The January 15, 2013, Federal Register notice (78 FR 3069) 
provides the current MEP recommendations, which is the criteria the 
Agency uses to grant seizure exemptions.
    The Agency's decision regarding these exemption applications is 
based on an individualized assessment of each applicant's medical 
information, including the root cause of the respective seizure(s) and 
medical information about the applicant's seizure history, the length 
of time that has elapsed since the individual's last seizure, the 
stability of each individual's treatment regimen and the duration of 
time on or off of anti-seizure medication. In addition, the Agency 
reviewed the treating clinician's medical opinion related to the 
ability of the driver to safely operate a CMV with a history of seizure 
and each applicant's driving record found in the Commercial Driver's 
License Information System (CDLIS) for commercial driver's license 
(CDL) holders, and interstate and intrastate inspections recorded in 
the Motor Carrier Management Information System (MCMIS). For non-CDL 
holders, the Agency reviewed the driving records from the State 
Driver's Licensing Agency (SDLA).
    These 22 applicants have been seizure-free over a range of 7 to 35 
years while taking anti-seizure medication and maintained a stable 
medication treatment regimen for the last two years. In each case, the 
applicant's treating physician verified his or her seizure history and 
supports the ability to drive commercially. A summary of each 
applicant's seizure history was discussed in the March 9, 2016, Federal 
Register notice (81 FR 12553).
    The Agency acknowledges the potential consequences of a driver 
experiencing a seizure while operating a CMV. However, the Agency 
believes the drivers granted this exemption have demonstrated that they 
are unlikely to have a seizure and their medical condition does not 
pose a risk to public safety.
    Consequently, FMCSA finds that in each case exempting these 
applicants from the epilepsy/seizure standard in 49 CFR 391.41(b)(8) is 
likely to achieve a level of safety equal to that existing without the 
exemption.

IV. Conditions and Requirements

    The terms and conditions of the exemption are provided to the 
applicants in the exemption document and includes the following: (1) 
Each driver must remain seizure-free and maintain a stable treatment 
during the two-year exemption period; (2) each driver must submit 
annual reports from

[[Page 67424]]

their treating physicians attesting to the stability of treatment and 
that the driver has remained seizure-free; (3) each driver must undergo 
an annual medical examination by a certified Medical Examiner, as 
defined by 49 CFR 390.5; and (4) each driver must provide a copy of the 
annual medical certification to the employer for retention in the 
driver's qualification file, or keep a copy of his/her driver's 
qualification file if he/she is self-employed. The driver must also 
have a copy of the exemption when driving, for presentation to a duly 
authorized Federal, State, or local enforcement official.

V. Preemption

    During the period the exemption is in effect, no State shall 
enforce any law or regulation that conflicts with this exemption with 
respect to a person operating under the exemption.

VI. Conclusion

    Based upon its evaluation of the 22 exemption applications, FMCSA 
exempts the following drivers from the epilepsy/seizure standard, 49 
CFR 391.41(b)(8), subject to the requirements cited above:

Travis Earl Baird (OK)
Robert P. Brackett (ME)
Brian R. Checkley, Jr. (NJ)
James Clark (PA)
Kelly Frederick (LA)
William Gessner (PA)
Jerry L. Henderson (IN)
Clarence D. Jones (VA)
Preston Romayne Kanagy (TN)
James Randall King (CT)
Scott A. Lowe (MA)
Roger Lynn Neal (MO)
Thomas Victor Oconnor (FL)
Scott William Reaves (TX)
Steven Shirley (UT)
Matthew Jack Staley (CO)
Michael A. Sypolt (WV)
Peter M. Thompson (FL)
Mohammad S. Warrad (IA)
Richard James Wenner (MN)
John Charles Wolfe (PA)
Dennis Raymond Zayic (MN)

    In accordance with 49 U.S.C. 31315(b)(1), each exemption is valid 
for two years unless revoked earlier by FMCSA. The exemption will be 
revoked if the following occurs: (1) The individual fails to comply 
with the terms and conditions of the exemption; (2) the exemption has 
resulted in a lower level of safety than was maintained prior to being 
granted; or (3) continuation of the exemption would not be consistent 
with the goals and objectives of 49 U.S.C. 31136 and 31315.

    Issued on: September 23, 2016.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2016-23653 Filed 9-29-16; 8:45 am]
 BILLING CODE 4910-EX-P

67422 Federal Register / Vol. 81, No. 190 / Friday, September 30, 2016 / Notices

insulin for control’’ (49 CFR the driver to safely operate a CMV while Dennis S. Hughes (TX)
391.41(b)(3)). using insulin. Bonita K. Hunt (NC)
FMCSA established its diabetes Consequently, FMCSA finds that in John M. Isley (NC)
exemption program, based on the each case exempting these applicants John T. Jameson (MO)
Agency’s July 2000 study entitled ‘‘A from the diabetes requirement in 49 CFR Jeffrey A. Kidd (MD)
Report to Congress on the Feasibility of 391.41(b)(3) is likely to achieve a level Craig T. Kite (OH)
a Program to Qualify Individuals with of safety equal to that existing without Donald E. Knowles (IA)
Insulin-Treated Diabetes Mellitus to the exemption. Kevin E. Lester (VA)
Operate in Interstate Commerce as Eric T. Maier (CA)
Directed by the Transportation Act for V. Conditions and Requirements
Javier Melendez (TX)
the 21st Century.’’ The report concluded The terms and conditions of the Brenda L. Mitchell (KY)
that a safe and practicable protocol to exemption will be provided to the Terry L. Neiman (PA)
allow some drivers with ITDM to applicants in the exemption document Peter Z. Pall (FL)
operate CMVs is feasible. The and they include the following: (1) That Joaquim Pedro (NY)
September 3, 2003 (68 FR 52441), each individual submit a quarterly Vernon Piper (NY)
Federal Register notice in conjunction monitoring checklist completed by the Angelo Renieris (NY)
with the November 8, 2005 (70 FR treating endocrinologist as well as an Sean A. Rivera (AZ)
67777), Federal Register notice provides annual checklist with a comprehensive Kevin L. Ross (AK)
the current protocol for allowing such medical evaluation; (2) that each James R. Sauceda (NM)
drivers to operate CMVs in interstate individual reports within 2 business Kevin Stead (NJ)
commerce. days of occurrence, all episodes of Jacob P. Trommer (OH)
These 46 applicants have had ITDM severe hypoglycemia, significant Nicholas D. Wall (SD)
over a range of 1 to 42 years. These complications, or inability to manage Tony B. Wetherell (MN)
applicants report no severe diabetes; also, any involvement in an Mark A. Williams (GA)
hypoglycemic reactions resulting in loss accident or any other adverse event in Steven M. Wilson (IL)
of consciousness or seizure, requiring a CMV or personal vehicle, whether or Don E. Wood, Jr. (TX)
the assistance of another person, or not it is related to an episode of Kirk M. Wright (NE)
resulting in impaired cognitive function hypoglycemia; (3) that each individual Charles P. Zenns (NY)
that occurred without warning provide a copy of the ophthalmologist’s In accordance with 49 U.S.C. 31136(e)
symptoms, in the past 12 months and no or optometrist’s report to the medical and 31315 each exemption is valid for
recurrent (2 or more) severe examiner at the time of the annual two years unless revoked earlier by
hypoglycemic episodes in the past 5 medical examination; and (4) that each FMCSA. The exemption will be revoked
years. In each case, an endocrinologist individual provide a copy of the annual if the following occurs: (1) The person
verified that the driver has medical certification to the employer for fails to comply with the terms and
demonstrated a willingness to properly retention in the driver’s qualification conditions of the exemption; (2) the
monitor and manage his/her diabetes file, or keep a copy in his/her driver’s exemption has resulted in a lower level
mellitus, received education related to qualification file if he/she is self- of safety than was maintained before it
diabetes management, and is on a stable employed. The driver must also have a was granted; or (3) continuation of the
insulin regimen. These drivers report no copy of the certification when driving, exemption would not be consistent with
other disqualifying conditions, for presentation to a duly authorized the goals and objectives of 49 U.S.C.
including diabetes-related Federal, State, or local enforcement 31136(e) and 31315. If the exemption is
complications. Each meets the vision official. still effective at the end of the 2-year
requirement at 49 CFR 391.41(b)(10). period, the person may apply to FMCSA
The qualifications and medical VI. Conclusion
for a renewal under procedures in effect
condition of each applicant were stated Based upon its evaluation of the 46 at that time.
and discussed in detail in the August exemption applications, FMCSA
10, 2016, Federal Register notice and exempts the following drivers from the Issued on: September 22, 2016.
they will not be repeated in this notice. diabetes requirement in 49 CFR Larry W. Minor,
391.41(b)(10), subject to the Associate Administrator for Policy.
III. Discussion of Comments
requirements cited above 49 CFR [FR Doc. 2016–23652 Filed 9–29–16; 8:45 am]
FMCSA received no comments in this 391.64(b): BILLING CODE 4910–EX–P
proceeding. Dale E. Bliss (WI)
IV. Basis for Exemption Determination Charles W. Bobbitt, III (WA)
Thomas Buckmaster (FL) DEPARTMENT OF TRANSPORTATION
Under 49 U.S.C. 31136(e) and 31315, Dustin L. Campbell (MD)
FMCSA may grant an exemption from Keith A. Cederberg (MN) Federal Motor Carrier Safety
the diabetes requirement in 49 CFR Carlos A. Chapa (TX) Administration
391.41(b)(3) if the exemption is likely to David E. Colorado (UT) [FMCSA Docket No. FMCSA–2015–0321]
achieve an equivalent or greater level of Francis J. Crawford (NY)
safety than would be achieved without James W. Creech (IN) Qualification of Drivers; Exemption
the exemption. The exemption allows Kirk A. Devitis (NJ) Applications; Epilepsy and Seizure
the applicants to operate CMVs in
mstockstill on DSK3G9T082PROD with NOTICES

Melinda L. Echols (WA) Disorders
interstate commerce. Justin W. Garriott (WY)
To evaluate the effect of these David J. Goergen (MN) AGENCY: Federal Motor Carrier Safety
exemptions on safety, FMCSA Pedro L. Gonzalez (MA) Administration (FMCSA), DOT.
considered medical reports about the Jeffrey K. Hagen (WI) ACTION: Notice of final disposition.
applicants’ ITDM and vision, and Charles D. Hall (CA)
reviewed the treating endocrinologists’ Daniel O. Hawley (IL) SUMMARY: FMCSA announces its
medical opinion related to the ability of Eugene R. Huelskamp (OH) decision to exempt 22 individuals from

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Federal Register / Vol. 81, No. 190 / Friday, September 30, 2016 / Notices 67423

the requirement in the Federal Motor FMCSA has evaluated the eligibility The January 15, 2013, Federal Register
Carrier Safety Regulations (FMCSRs) of these applicants and determined that notice (78 FR 3069) provides the current
that interstate commercial motor vehicle granting exemptions to 22 of 31 MEP recommendations, which is the
(CMV) drivers have ‘‘no established individuals would achieve a level of criteria the Agency uses to grant seizure
medical history or clinical diagnosis of safety equivalent to or greater than the exemptions.
epilepsy or any other condition which level that would be achieved by The Agency’s decision regarding these
is likely to cause loss of consciousness complying with the current regulation exemption applications is based on an
or any loss of ability to control a CMV.’’ 49 CFR 391.41(b)(8). On April 11, 2016 individualized assessment of each
The exemptions enable these the remaining nine applicants received applicant’s medical information,
individuals who have had one or more a letter of final disposition regarding including the root cause of the
seizures and are taking anti-seizure his/her exemption request. Those respective seizure(s) and medical
medication to operate CMVs in decision letters fully outlined the basis information about the applicant’s
interstate commerce. for the denial. A notice announcing this seizure history, the length of time that
DATES: The exemptions were effective decision was published on September 9, has elapsed since the individual’s last
on April 11, 2016. The exemptions 2016 (81 FR 62556). seizure, the stability of each individual’s
expire on April 11, 2018. The physical qualification standard treatment regimen and the duration of
for drivers regarding epilepsy found in time on or off of anti-seizure
FOR FURTHER INFORMATION CONTACT:
49 CFR 391.41(b)(8) states that a person medication. In addition, the Agency
Christine A. Hydock, Chief, Medical is physically qualified to drive a CMV reviewed the treating clinician’s
Programs Division, (202) 366–4001, if that person: medical opinion related to the ability of
fmcsamedical@dot.gov, FMCSA, the driver to safely operate a CMV with
Department of Transportation, 1200 Has no established medical history or
clinical diagnosis of epilepsy or any other a history of seizure and each applicant’s
New Jersey Avenue SE., Room W64– condition which is likely to cause the loss of driving record found in the Commercial
224, Washington, DC 20590–0001. consciousness or any loss of ability to control Driver’s License Information System
Office hours are from 8:30 a.m. to 5 p.m. a CMV. (CDLIS) for commercial driver’s license
e.t., Monday through Friday, except (CDL) holders, and interstate and
In addition to the regulations, FMCSA
Federal holidays. If you have questions intrastate inspections recorded in the
has published advisory criteria 1 to
regarding viewing or submitting Motor Carrier Management Information
assist medical examiners in determining
material to the docket, contact Docket System (MCMIS). For non-CDL holders,
whether drivers with certain medical
Services, telephone (202) 366–9826. the Agency reviewed the driving records
conditions are qualified to operate a
SUPPLEMENTARY INFORMATION: CMV in interstate commerce. [49 CFR from the State Driver’s Licensing
Electronic Access part 391, APPENDIX A TO PART 391— Agency (SDLA).
MEDICAL ADVISORY CRITERIA, These 22 applicants have been
You may see all the comments online section H. Epilepsy: § 391.41(b)(8), seizure-free over a range of 7 to 35 years
through the Federal Document paragraphs 3, 4, and 5.] while taking anti-seizure medication
Management System (FDMS) at: http:// and maintained a stable medication
www.regulations.gov. II. Discussion of Comments treatment regimen for the last two years.
Docket: For access to the docket to FMCSA received three comments in In each case, the applicant’s treating
read background documents or this proceeding. An anonymous physician verified his or her seizure
comments, go to http:// commenter and Jake B expressed history and supports the ability to drive
www.regulations.gov and/or Room general support for allowing well commercially. A summary of each
W12–140 on the ground level of the controlled individuals with a history of applicant’s seizure history was
West Building, 1200 New Jersey Avenue seizures to drive commercially. Deb discussed in the March 9, 2016, Federal
SE., Washington, DC, between 9 a.m. Carlson of the Minnesota Department of Register notice (81 FR 12553).
and 5 p.m., Monday through Friday, Public Safety expressed support for two The Agency acknowledges the
except Federal holidays. applicants included in the notice, potential consequences of a driver
Privacy Act: In accordance with 5 Richard Wenner and Dennis Zayic. experiencing a seizure while operating a
U.S.C. 553(c), DOT solicits comments CMV. However, the Agency believes the
from the public to better inform its III. Basis for Exemption Determination
drivers granted this exemption have
rulemaking process. DOT posts these Under 49 U.S.C. 31136(e) and demonstrated that they are unlikely to
comments, without edit, including any 31315(b), FMCSA may grant an have a seizure and their medical
personal information the commenter exemption from the epilepsy/seizure condition does not pose a risk to public
provides, to http://www.regulations.gov, standard in 49 CFR 391.41(b)(8) if the safety.
as described in the system of records exemption is likely to achieve an Consequently, FMCSA finds that in
notice (DOT/ALL–14 FDMS), which can equivalent or greater level of safety than each case exempting these applicants
be reviewed at http://www.dot.gov/ would be achieved without the from the epilepsy/seizure standard in 49
privacy. exemption. The exemption allows the CFR 391.41(b)(8) is likely to achieve a
applicants to operate CMVs in interstate level of safety equal to that existing
I. Background
commerce. without the exemption.
On March 9, 2016, FMCSA published In reaching the decision to grant these
a notice announcing receipt of exemption requests, FMCSA considered IV. Conditions and Requirements
applications from 31 individuals the 2007 recommendations of the The terms and conditions of the
mstockstill on DSK3G9T082PROD with NOTICES

requesting an exemption from the Agency’s Medical Expert Panel (MEP). exemption are provided to the
epilepsy prohibition in 49 CFR applicants in the exemption document
391.41(b)(8) and requested comments 1 See http://www.ecfr.gov/cgi-bin/text-idx?SID and includes the following: (1) Each
from the public (81 FR 12553). The =e47b48a9ea42dd67d999246e23d97970&mc= driver must remain seizure-free and
true&node=pt49.5.391&rgn=div5#ap49.5.391_171.a
public comment period ended on April and https://www.gpo.gov/fdsys/pkg/CFR-2015-
maintain a stable treatment during the
8, 2016, and three comments were title49-vol5/pdf/CFR-2015-title49-vol5-part391- two-year exemption period; (2) each
received. appA.pdf. driver must submit annual reports from

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67424 Federal Register / Vol. 81, No. 190 / Friday, September 30, 2016 / Notices

their treating physicians attesting to the Issued on: September 23, 2016. notice (DOT/ALL–14 FDMS), which can
stability of treatment and that the driver Larry W. Minor, be reviewed at http://www.dot.gov/
has remained seizure-free; (3) each Associate Administrator for Policy. privacy.
driver must undergo an annual medical [FR Doc. 2016–23653 Filed 9–29–16; 8:45 am] II. Background
examination by a certified Medical BILLING CODE 4910–EX–P
Examiner, as defined by 49 CFR 390.5; On May 9, 2016, FMCSA published a
and (4) each driver must provide a copy notice announcing receipt of
of the annual medical certification to DEPARTMENT OF TRANSPORTATION applications from 27 individuals
the employer for retention in the requesting an exemption from the
driver’s qualification file, or keep a copy Federal Motor Carrier Safety prohibition against persons with a
of his/her driver’s qualification file if Administration clinical diagnosis of epilepsy or any
he/she is self-employed. The driver other condition that is likely to cause a
[Docket No. FMCSA–2015–0322]
must also have a copy of the exemption loss of consciousness or any loss of
when driving, for presentation to a duly Denial of Exemption Applications; ability to operate a CMV in interstate
authorized Federal, State, or local Epilepsy and Seizure Disorders commerce and requested comments
enforcement official. from the public (81 FR 28131). The
AGENCY: Federal Motor Carrier Safety public comment period closed on June
V. Preemption Administration (FMCSA), DOT. 8, 2016, and three comments were
During the period the exemption is in ACTION: Notice of denial. received. One commenter supports
effect, no State shall enforce any law or granting seizure exemptions in general.
SUMMARY: FMCSA announces its One commenter expressed concern for
regulation that conflicts with this decision to deny applications from 10
exemption with respect to a person the risk of seizure while driving and the
individuals who requested an Minnesota Department of Public Safety
operating under the exemption. exemption from the Federal Motor expressed support for three of the
VI. Conclusion Carrier Safety Regulations (FMCSRs) applicants and concern about health
prohibiting persons with a clinical issues and the driving record of an
Based upon its evaluation of the 22 diagnosis of epilepsy or any other
exemption applications, FMCSA applicant Shaen Smith. In response to
condition that is likely to cause a loss this comment, Mr. Smith has been
exempts the following drivers from the of consciousness or any loss of ability to
epilepsy/seizure standard, 49 CFR seizure-free over 18 years and meets the
operate a commercial motor vehicle physical qualification standards to drive
391.41(b)(8), subject to the requirements (CMV) from operating CMVs in
cited above: commercially. His five-year driving
interstate commerce. record includes no violations or
Travis Earl Baird (OK) FOR FURTHER INFORMATION CONTACT: Ms. accidents and the Agency has reviewed
Robert P. Brackett (ME) Christine A. Hydock, Chief, Medical his ten-year driving history and
Brian R. Checkley, Jr. (NJ) Programs Division, (202) 366–4001, concludes that he meets the requisite
James Clark (PA) fmcsamedical@dot.gov, FMCSA, level of safety to drive commercially
Kelly Frederick (LA) Department of Transportation, 1200 within the terms and conditions of his
William Gessner (PA) New Jersey Avenue SE., Room W64– exemption.
Jerry L. Henderson (IN) 224, Washington, DC 20590–0001. FMCSA has evaluated the eligibility
Clarence D. Jones (VA) Office hours are 8:30 a.m. to 5 p.m., e.t., of these applicants and concluded that
Preston Romayne Kanagy (TN) Monday through Friday, except Federal granting 10 of the 27 exemptions would
holidays. If you have questions not provide a level of safety that would
James Randall King (CT)
regarding viewing or submitting be equivalent to or greater than the level
Scott A. Lowe (MA) material to the docket, contact Docket of safety that would be obtained by
Roger Lynn Neal (MO) Services, telephone (202) 366–9826. complying with the regulation 49 CFR
Thomas Victor Oconnor (FL) SUPPLEMENTARY INFORMATION: 391.41(b)(8). A final notice announcing
Scott William Reaves (TX) a decision on the remaining 17 requests
Steven Shirley (UT) I. Electronic Access will be published at a later date.
Matthew Jack Staley (CO) You may see all the comments online
through the Federal Document III. Basis for Exemption Determination
Michael A. Sypolt (WV)
Peter M. Thompson (FL) Management System (FDMS) at: http:// Under 49 U.S.C. 31136(e) and
Mohammad S. Warrad (IA) www.regulations.gov. 31315(b), FMCSA may grant an
Docket: For access to the docket to exemption from the Federal epilepsy
Richard James Wenner (MN)
read background documents or standard for a renewable two-year
John Charles Wolfe (PA) comments, go to http:// period if it finds ‘‘such exemption is
Dennis Raymond Zayic (MN) www.regulations.gov and/or Room likely achieve a level of safety that is
In accordance with 49 U.S.C. W12–140 on the ground level of the equivalent to or greater than the level
31315(b)(1), each exemption is valid for West Building, 1200 New Jersey Avenue that would be achieved absent such
two years unless revoked earlier by SE., Washington, DC, between 9 a.m. exemption.’’
FMCSA. The exemption will be revoked and 5 p.m., Monday through Friday, The Agency’s decision regarding these
if the following occurs: (1) The except Federal holidays. exemption applications is based on an
individual fails to comply with the Privacy Act: In accordance with 5 individualized assessment of each
mstockstill on DSK3G9T082PROD with NOTICES

terms and conditions of the exemption; U.S.C. 553(c), DOT solicits comments applicant’s medical information,
(2) the exemption has resulted in a from the public to better inform its including the root cause of the
lower level of safety than was rulemaking process. DOT posts these respective seizure(s) and medical
maintained prior to being granted; or (3) comments, without edit, including any information about the applicant’s
continuation of the exemption would personal information the commenter seizure history, the length of time that
not be consistent with the goals and provides, to http://www.regulations.gov, has elapsed since the individual’s last
objectives of 49 U.S.C. 31136 and 31315. as described in the system of records seizure, the stability of each individual’s

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Document Created: 2018-02-09 13:33:38
Document Modified: 2018-02-09 13:33:38

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 were effective on April 11, 2016. The exemptions expire on April 11, 2018.
Contact		Christine A. Hydock, Chief, Medical Programs Division, (202) 366-4001, [email protected], FMCSA, Department of Transportation, 1200 New Jersey Avenue SE., Room W64-224, Washington, DC 20590-0001. Office hours are from 8:30 a.m. to 5 p.m. e.t., Monday through Friday, except Federal holidays. If you have questions regarding viewing or submitting material to the docket, contact Docket Services, telephone (202) 366-9826.
FR Citation		81 FR 67422

81 FR 67422 - Qualification of Drivers; Exemption Applications; Epilepsy and Seizure Disorders

DEPARTMENT OF TRANSPORTATIONFederal Motor Carrier Safety Administration

Federal Register Volume 81, Issue 190 (September 30, 2016)

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration