81 FR 70737 - Qualification of Drivers; Exemption Applications; Epilepsy and Seizure Disorders

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration

Federal Register Volume 81, Issue 198 (October 13, 2016)

Page Range		70737-70738
FR Document		2016-24755

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

Federal Register, Volume 81 Issue 198 (Thursday, October 13, 2016)

[Federal Register Volume 81, Number 198 (Thursday, October 13, 2016)]
[Notices]
[Pages 70737-70738]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-24755]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2006-25854; FMCSA-2013-0107; FMCSA-2013-0108]


Qualification of Drivers; Exemption Applications; Epilepsy and 
Seizure Disorders

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

ACTION: Notice of renewal of exemptions; request for comments.

-----------------------------------------------------------------------

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

DATES: The exemptions were effective on December 23, 2015. The 
exemptions will expire on December 23, 2017. Comments must be received 
on or before November 14, 2016.

FOR FURTHER INFORMATION CONTACT: Ms. 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.

ADDRESSES: You may submit comments bearing the Federal Docket 
Management System (FDMS) Docket No. FMCSA-2006-25854; FMCSA-2013-0107; 
FMCSA-2013-0108 using any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the online instructions for submitting 
comments.
     Mail: Docket Management Facility; U.S. Department of 
Transportation, 1200 New Jersey Avenue SE., West Building Ground Floor, 
Room W12-140, Washington, DC 20590-0001.
     Hand Delivery: West Building Ground Floor, Room W12-140, 
1200 New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal Holidays.
     Fax: 1-202-493-2251.
    Instructions: Each submission must include the Agency name and the 
docket number(s) for this notice. Note that all comments received will 
be posted without change to http://www.regulations.gov, including any 
personal information provided. Please see the Privacy Act heading below 
for further information.
    Docket: For access to the docket to read background documents or 
comments, go to http://www.regulations.gov at any time or Room W12-140 
on the ground level of the West Building, 1200 New Jersey Avenue SE., 
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, 
except Federal holidays. The FDMS is available 24 hours each day, 365 
days each year. If you want acknowledgment that we received your 
comments, please include a self-addressed, stamped envelope or postcard 
or print the acknowledgement page that appears after submitting 
comments online.
    Privacy Act: In accordance with 5 U.S.C. 553(c), DOT solicits 
comments from the public to better inform its rulemaking process. DOT 
posts these

[[Page 70738]]

comments, without edit, including any personal information the 
commenter provides, to http://www.regulations.gov, as described in the 
system of records notice (DOT/ALL-14 FDMS), which can be reviewed at 
http://www.dot.gov/privacy.

I. Background

    Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption 
for two years if it finds ``such exemption would likely achieve a level 
of safety that is equivalent to or greater than the level that would be 
achieved absent such exemption.'' The statute also allows the Agency to 
renew exemptions at the end of the two-year period.
    The physical qualification standard for drivers regarding epilepsy 
found in 49 CFR 391.41(b)(8) states that a person is physically 
qualified to drive a CMV if that person:

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

    In addition to the regulations, FMCSA has published advisory 
criteria to assist Medical Examiners in determining whether drivers 
with certain medical conditions are qualified to operate a CMV in 
interstate commerce. [49 CFR part 391, APPENDIX A TO PART 391--MEDICAL 
ADVISORY CRITERIA, section H. Epilepsy: Sec.  391.41(b)(8), paragraphs 
3, 4, and 5.]
    The six individuals listed in this notice have requested renewal of 
their exemptions from the Epilepsy and Seizure Disorders prohibition in 
49 CFR 391.41(b)(8), in accordance with FMCSA procedures. Accordingly, 
FMCSA has evaluated these applications for renewal on their merits and 
decided to extend each exemption for a renewable two-year period.

II. Request for Comments

    Interested parties or organizations possessing information that 
would otherwise show that any, or all, of these drivers are not 
currently achieving the statutory level of safety should immediately 
notify FMCSA. The Agency will evaluate any adverse evidence submitted 
and, if safety is being compromised or if continuation of the exemption 
would not be consistent with the goals and objectives of 49 U.S.C. 
31136(e) and 31315, FMCSA will take immediate steps to revoke the 
exemption of a driver.

III. Basis for Renewing Exemptions

    Under 49 U.S.C. 31315(b)(1), an exemption may be granted for no 
longer than two years from its approval date and may be renewed upon 
application. In accordance with 49 U.S.C. 31136(e) and 31315, each of 
the six applicants has satisfied the conditions for obtaining an 
exemption from the Epilepsy and Seizure Disorder requirements and were 
published in the Federal Register (78 FR 77774). In addition, for 
Commercial Driver's License (CDL) holders, the Commercial Driver's 
License information System (CDLIS) and the Motor Carrier Management 
Information System (MCMIS) are searched for crash and violation data. 
For non-CDL holders, the Agency reviews the driving records from the 
State Driver's Licensing Agency (SDLA). These factors provide an 
adequate basis for predicting each driver's ability to continue to 
safely operate a CMV in interstate commerce.
    The six drivers in this notice remain in good standing with the 
Agency, have maintained their medical monitoring and have not exhibited 
any medical issues that would compromise their ability to safely 
operate a CMV during the previous two-year exemption period. FMCSA has 
concluded that renewing the exemptions for each of these applicants is 
likely to achieve a level of safety equal to that existing without the 
exemption. Therefore, FMCSA has decided to renew each exemption for a 
two-year period. In accordance with 49 U.S.C. 31136(e) and 31315, each 
driver received a renewed exemption.
    As of December 23, 2015, the following six drivers received renewed 
exemptions. Each of these individuals have satisfied the renewal 
conditions for obtaining an exemption from the Epilepsy and Seizure 
Disorders prohibition in 49 CFR 391.41(b)(8), from driving CMVs in 
interstate commerce (78 FR 77774):

Stephen Amell (VT)
Gary Freeman (AL)
Aaron Gillette (SD)
David Kestner (VA)
Michael Kramer (KS)
Chad Smith (MA)
    These drivers were included in FMCSA-2006-25854; FMCSA-2013-0107; 
and FMCSA-2013-0108. The exemptions were effective on December 23, 
2015, and will expire on December 23, 2017.

IV. Conditions and Requirements

    The exemptions are extended subject to the following conditions: 
(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 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. The exemption will be rescinded if: (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 
before it was granted; or (3) continuation of the exemption would not 
be consistent with the goals and objectives of 49 U.S.C. 31136(e) and 
31315.

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 six exemption applications, FMCSA 
renews the exemptions of the aforementioned drivers from the Epilepsy 
and Seizure Disorders requirement in 49 CFR 391.41(b)(8). In accordance 
with 49 U.S.C. 31136(e) and 31315, each exemption will be valid for two 
years unless revoked earlier by FMCSA.

    Issued on: October 4, 2016.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2016-24755 Filed 10-12-16; 8:45 am]
BILLING CODE 4910-EX-P

Federal Register / Vol. 81, No. 198 / Thursday, October 13, 2016 / Notices 70737

Form Numbers: There are no FAA on a semiannual basis. The FAA Comments must be received on or
forms associated with this collection. estimates that all information from before November 14, 2016.
Type of Review: Revision of an carriers is submitted electronically from FOR FURTHER INFORMATION CONTACT: Ms.
information collection. information stored in carrier scheduling Christine A. Hydock, Chief, Medical
Background: The FAA has databases, and that nearly all requests Programs Division, 202–366–4001,
implemented several initiatives to for unscheduled operation reservations fmcsamedical@dot.gov, FMCSA,
address congestion and delay issues are submitted electronically through Department of Transportation, 1200
within the National Airspace System. either an internet or touch-tone system New Jersey Avenue SE., Room W64–
The FAA has issued Orders limiting interface. 224, Washington, DC 20590–0001.
operations at John F. Kennedy Respondents: 200 carriers at various Office hours are from 8:30 a.m. to 5
International Airport (JFK), Newark airports; unknown number of p.m., e.t., Monday through Friday,
Liberty International Airport (EWR), and unscheduled operators at LaGuardia except Federal holidays. If you have
LaGuardia Airport (LGA). These Orders Airport. questions regarding viewing or
resulted in part from increasing Frequency: Information is collected as submitting material to the docket,
congestion and delays at the airports needed; some reporting on bimonthly or contact Docket Services, telephone (202)
requiring the FAA to allocate arrival and semiannual basis. 366–9826.
departure slots at JFK, EWR, and LGA. Estimated Average Burden per
On April 6, 2016, the FAA announced ADDRESSES: You may submit comments
Response: 2 minutes per unscheduled
a reduction in slot controls at EWR and operation reservation; 6 minutes per bearing the Federal Docket Management
designation of EWR as a Level 2, notice of slot transfer; 2 hour per System (FDMS) Docket No. FMCSA–
schedule-facilitated airport under the schedule submission or slot request; and 2006–25854; FMCSA–2013–0107;
International Air Transport Association 2 hours per slot usage report. FMCSA–2013–0108 using any of the
(IATA) Worldwide Slot Guidelines Estimated Total Annual Burden: following methods:
(WSG) based on an updated demand 5,049.5 hours. • Federal eRulemaking Portal: Go to
and capacity analysis of the airport. http://www.regulations.gov. Follow the
Issued in Washington, DC, on October 6, online instructions for submitting
This change is effective from the Winter 2016.
2016 scheduling season, which begins comments.
Ronda L. Thompson, • Mail: Docket Management Facility;
on October 30, 2016. The FAA also has FAA Information Collection Clearance
designated O’Hare International Airport U.S. Department of Transportation, 1200
Officer, Performance, Policy, and Records New Jersey Avenue SE., West Building
(ORD), San Francisco International Management Branch, ASP–110.
Airport (SFO), and Los Angeles Ground Floor, Room W12–140,
[FR Doc. 2016–24772 Filed 10–12–16; 8:45 am]
International Airport (LAX) as Level 2 Washington, DC 20590–0001.
airports under the IATA WSG. These
BILLING CODE 4910–13–P • Hand Delivery: West Building
Level 2 designations resulted in part Ground Floor, Room W12–140, 1200
from increasing congestion and delays New Jersey Avenue SE., Washington,
DEPARTMENT OF TRANSPORTATION DC, between 9 a.m. and 5 p.m., Monday
at the airports requiring FAA to
implement a voluntary process to Federal Motor Carrier Safety through Friday, except Federal
manage operational growth at ORD and Administration Holidays.
SFO. The Level 2 designation was made • Fax: 1–202–493–2251.
at LAX due to a long-term construction [Docket No. FMCSA–2006–25854; FMCSA– Instructions: Each submission must
2013–0107; FMCSA–2013–0108] include the Agency name and the
project expected to reduce runway
capacity; therefore, the designation is docket number(s) for this notice. Note
Qualification of Drivers; Exemption that all comments received will be
not expected to continue beyond the Applications; Epilepsy and Seizure
completion of the planned construction posted without change to http://
Disorders www.regulations.gov, including any
at LAX.
The information is reported to the AGENCY: Federal Motor Carrier Safety personal information provided. Please
FAA by carriers holding a slot at JFK or Administration (FMCSA), DOT. see the Privacy Act heading below for
LGA; by carriers operating at EWR, ACTION: Notice of renewal of further information.
LAX, ORD, or SFO; and by operators exemptions; request for comments. Docket: For access to the docket to
conducting unscheduled operations at read background documents or
LGA. At JFK, carriers must notify the SUMMARY: FMCSA announces its comments, go to http://
FAA of: (1) Requests for confirmation of decision to renew exemptions of six www.regulations.gov at any time or
transferred slots; (2) requests for individuals from the requirement in the Room W12–140 on the ground level of
seasonal allocation of historic and Federal Motor Carrier Safety the West Building, 1200 New Jersey
additional available slots; and (3) usage Regulations (FMCSRs) that interstate Avenue SE., Washington, DC, between 9
of slots on a seasonal basis. At LGA, commercial motor vehicle (CMV) a.m. and 5 p.m., Monday through
carriers must notify the FAA of: (1) drivers have ‘‘no established medical Friday, except Federal holidays. The
Requests for confirmation of transferred history or clinical diagnosis of epilepsy FDMS is available 24 hours each day,
slots; (2) slots required to be returned or or any other condition which is likely 365 days each year. If you want
slots voluntarily returned; (3) requests to cause loss of consciousness or any acknowledgment that we received your
to be included in a lottery for available loss of ability to control a CMV.’’ The comments, please include a self-
slots; and (4) usage of slots on a bi- exemptions enable these individuals addressed, stamped envelope or
who have had one or more seizures and
Lhorne on DSK30JT082PROD with NOTICES

monthly basis. At LGA, unscheduled postcard or print the acknowledgement
operators must request and obtain a are taking anti-seizure medication to page that appears after submitting
reservation from the FAA prior to continue to operate CMVs in interstate comments online.
conducting an operation. At EWR, LAX, commerce. Privacy Act: In accordance with 5
ORD and SFO, carriers are asked to DATES: The exemptions were effective U.S.C. 553(c), DOT solicits comments
notify the FAA of their intended on December 23, 2015. The exemptions from the public to better inform its
operating schedules during peak hours will expire on December 23, 2017. rulemaking process. DOT posts these

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70738 Federal Register / Vol. 81, No. 198 / Thursday, October 13, 2016 / Notices

comments, without edit, including any and may be renewed upon application. has remained seizure-free; (3) each
personal information the commenter In accordance with 49 U.S.C. 31136(e) driver must undergo an annual medical
provides, to http://www.regulations.gov, and 31315, each of the six applicants examination by a certified Medical
as described in the system of records has satisfied the conditions for Examiner, as defined by 49 CFR 390.5;
notice (DOT/ALL–14 FDMS), which can obtaining an exemption from the and (4) each driver must provide a copy
be reviewed at http://www.dot.gov/ Epilepsy and Seizure Disorder of the annual medical certification to
privacy. requirements and were published in the the employer for retention in the
Federal Register (78 FR 77774). In driver’s qualification file, or keep a copy
I. Background
addition, for Commercial Driver’s of his/her driver’s qualification file if
Under 49 U.S.C. 31136(e) and 31315, License (CDL) holders, the Commercial he/she is self-employed. The driver
FMCSA may grant an exemption for two Driver’s License information System must also have a copy of the exemption
years if it finds ‘‘such exemption would (CDLIS) and the Motor Carrier when driving, for presentation to a duly
likely achieve a level of safety that is Management Information System authorized Federal, State, or local
equivalent to or greater than the level (MCMIS) are searched for crash and enforcement official. The exemption
that would be achieved absent such violation data. For non-CDL holders, the will be rescinded if: (1) The person fails
exemption.’’ The statute also allows the Agency reviews the driving records to comply with the terms and
Agency to renew exemptions at the end from the State Driver’s Licensing conditions of the exemption; (2) the
of the two-year period. Agency (SDLA). These factors provide exemption has resulted in a lower level
The physical qualification standard an adequate basis for predicting each of safety than was maintained before it
for drivers regarding epilepsy found in driver’s ability to continue to safely was granted; or (3) continuation of the
49 CFR 391.41(b)(8) states that a person operate a CMV in interstate commerce. exemption would not be consistent with
is physically qualified to drive a CMV The six drivers in this notice remain the goals and objectives of 49 U.S.C.
if that person: in good standing with the Agency, have 31136(e) and 31315.
Has no established medical history or clinical maintained their medical monitoring V. Preemption
diagnosis of epilepsy or any other condition and have not exhibited any medical
which is likely to cause the loss of issues that would compromise their During the period the exemption is in
consciousness or any loss of ability to control ability to safely operate a CMV during effect, no State shall enforce any law or
a CMV. regulation that conflicts with this
the previous two-year exemption
In addition to the regulations, FMCSA period. FMCSA has concluded that exemption with respect to a person
has published advisory criteria to assist renewing the exemptions for each of operating under the exemption.
Medical Examiners in determining these applicants is likely to achieve a VI. Conclusion
whether drivers with certain medical level of safety equal to that existing
conditions are qualified to operate a Based upon its evaluation of the six
without the exemption. Therefore,
CMV in interstate commerce. [49 CFR exemption applications, FMCSA renews
FMCSA has decided to renew each
part 391, APPENDIX A TO PART 391— the exemptions of the aforementioned
exemption for a two-year period. In
MEDICAL ADVISORY CRITERIA, drivers from the Epilepsy and Seizure
accordance with 49 U.S.C. 31136(e) and
section H. Epilepsy: § 391.41(b)(8), Disorders requirement in 49 CFR
31315, each driver received a renewed 391.41(b)(8). In accordance with 49
paragraphs 3, 4, and 5.] exemption.
The six individuals listed in this U.S.C. 31136(e) and 31315, each
As of December 23, 2015, the
notice have requested renewal of their exemption will be valid for two years
following six drivers received renewed
exemptions from the Epilepsy and unless revoked earlier by FMCSA.
exemptions. Each of these individuals
Seizure Disorders prohibition in 49 CFR have satisfied the renewal conditions for Issued on: October 4, 2016.
391.41(b)(8), in accordance with obtaining an exemption from the Larry W. Minor,
FMCSA procedures. Accordingly, Epilepsy and Seizure Disorders Associate Administrator for Policy.
FMCSA has evaluated these prohibition in 49 CFR 391.41(b)(8), from [FR Doc. 2016–24755 Filed 10–12–16; 8:45 am]
applications for renewal on their merits driving CMVs in interstate commerce BILLING CODE 4910–EX–P
and decided to extend each exemption (78 FR 77774):
for a renewable two-year period. Stephen Amell (VT)
II. Request for Comments Gary Freeman (AL) DEPARTMENT OF TRANSPORTATION
Aaron Gillette (SD)
Interested parties or organizations David Kestner (VA) Federal Railroad Administration
possessing information that would Michael Kramer (KS) [Docket Number FRA–2016–0045]
otherwise show that any, or all, of these Chad Smith (MA)
drivers are not currently achieving the These drivers were included in Petition for Special Approval of
statutory level of safety should FMCSA–2006–25854; FMCSA–2013– Alternate Standard
immediately notify FMCSA. The 0107; and FMCSA–2013–0108. The
Agency will evaluate any adverse exemptions were effective on December In accordance with part 238 of Title
evidence submitted and, if safety is 23, 2015, and will expire on December 49 Code of Federal Regulations (CFR),
being compromised or if continuation of 23, 2017. this provides the public notice that by
the exemption would not be consistent a document dated February 18, 2015,
IV. Conditions and Requirements the National Railroad Passenger
with the goals and objectives of 49
U.S.C. 31136(e) and 31315, FMCSA will The exemptions are extended subject Corporation (Amtrak) has petitioned the
Lhorne on DSK30JT082PROD with NOTICES

take immediate steps to revoke the to the following conditions: (1) Each Federal Railroad Administration (FRA)
exemption of a driver. driver must remain seizure-free and for a Special Approval of an alternate
maintain a stable treatment during the standard for 49 CFR 238.311(a), Single
III. Basis for Renewing Exemptions two-year exemption period; (2) each car test, as prescribed in 49 CFR
Under 49 U.S.C. 31315(b)(1), an driver must submit annual reports from 238.21(b), Special approval procedure.
exemption may be granted for no longer their treating physicians attesting to the FRA assigned the request Docket
than two years from its approval date stability of treatment and that the driver Number FRA–2016–0045.

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Document Created: 2016-10-13 00:53:53
Document Modified: 2016-10-13 00:53:53

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 renewal of exemptions; request for comments.
Dates		The exemptions were effective on December 23, 2015. The exemptions will expire on December 23, 2017. Comments must be received on or before November 14, 2016.
Contact		Ms. 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 70737

81 FR 70737 - Qualification of Drivers; Exemption Applications; Epilepsy and Seizure Disorders

DEPARTMENT OF TRANSPORTATIONFederal Motor Carrier Safety Administration

Federal Register Volume 81, Issue 198 (October 13, 2016)

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration