81 FR 71166 - Qualification of Drivers; Exemption Applications; Epilepsy and Seizure Disorders

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration

Federal Register Volume 81, Issue 199 (October 14, 2016)

Page Range		71166-71168
FR Document		2016-24965

FMCSA announces its decision to renew exemptions of four 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 199 (Friday, October 14, 2016)

[Federal Register Volume 81, Number 199 (Friday, October 14, 2016)]
[Notices]
[Pages 71166-71168]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-24965]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2014-0213]


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 four 
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

[[Page 71167]]

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 September 16, 2016. The 
exemptions will expire on September 16, 2018. 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-2014-0213 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 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 four 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 four applicants has satisfied the conditions for obtaining an 
exemption from the Epilepsy and Seizure Disorder requirements and were 
published in the Federal Register (80 FR 16495). 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 four 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 has received a renewed exemption.
    As of September 16, 2016, the following four 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 (80 FR 16495): Lee Anderson (MA); 
Gary Combs (KY); Roland Mezger (PA); and Robert Thomas Jr. (NC).
    These drivers were included in FMCSA-2014-0213. The exemptions were 
effective on September 16, 2016, and will expire on September 16, 2018.

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

[[Page 71168]]

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 four 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 7, 2016.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2016-24965 Filed 10-13-16; 8:45 am]
 BILLING CODE 4910-EX-P

71166 Federal Register / Vol. 81, No. 199 / Friday, October 14, 2016 / Notices

the goals and objectives of 49 U.S.C. to the Office of Information and Registered motor carriers, brokers and
31136(e) and 31315. Regulatory Affairs, Office of freight forwarders must designate an
Management and Budget. Comments agent on whom service of notices in
V. Preemption
should be addressed to the attention of proceedings before the Secretary may be
During the period the exemption is in the Desk Officer, Department of made (49 U.S.C. 13303). Registered
effect, no State shall enforce any law or Transportation/Federal Motor Carrier motor carriers must also designate an
regulation that conflicts with this Safety Administration, and sent via agent for every State in which they
exemption with respect to a person electronic mail to oira_submission@ operate and traverse in the United States
operating under the exemption. omb.eop.gov, or faxed to (202) 395– during such operations, agents on whom
6974, or mailed to the Office of process issued by a court may be served
VI. Conclusion
Information and Regulatory Affairs, in actions brought against the registered
Based upon its evaluation of the four Office of Management and Budget, transportation entity (49 U.S.C. 13304,
exemption applications, FMCSA renews Docket Library, Room 10102, 725 17th 49 CFR 366.4). Every broker shall make
the exemptions of the aforementioned Street NW., Washington, DC 20503. a designation for each State in which its
drivers from the Epilepsy and Seizure FOR FURTHER INFORMATION CONTACT: Ms. offices are located or in which contracts
Disorders requirement in 49 CFR 391.41 Tura Gatling, Office of Registration and are written (49 U.S.C. 13304, 49 CFR
(b)(8). In accordance with 49 U.S.C. Safety Information, Department of 366.4). Regulations governing the
31136(e) and 31315, each exemption Transportation, Federal Motor Carrier designation of process agents are found
will be valid for two years unless Safety Administration, 1200 New Jersey at 49 CFR part 366. This designation is
revoked earlier by FMCSA. Avenue SE., Washington, DC 20590– filed with the FMCSA on Form BOC–3,
Issued on: October 7, 2016. 0001. Telephone Number: (202) 385– ‘‘Designation of Agents for Service of
Larry W. Minor, 2412; Email Address: tura.gatling@ Process.’’
dot.gov. Office hours are from 8:00 a.m. Public Comments Invited: You are
Associate Administrator for Policy.
to 5:00 p.m., E.T., Monday through asked to comment on any aspect of this
[FR Doc. 2016–24924 Filed 10–13–16; 8:45 am]
Friday, except Federal holidays. information collection, including: (1)
BILLING CODE 4910–EX–P Whether the proposed collection is
SUPPLEMENTARY INFORMATION:
Title: Designation of Agents, Motor necessary for the performance of
Carriers, Brokers and Freight FMCSA’s functions; (2) the accuracy of
DEPARTMENT OF TRANSPORTATION the estimated burden; (3) ways for
Forwarders.
Federal Motor Carrier Safety OMB Control Number: 2126–0015. FMCSA to enhance the quality,
Administration Type of Request: Extension of a usefulness, and clarity of the collected
currently approved collection. information; and (4) ways that the
[Docket No. FMCSA–2016–0160] Respondents: Motor carriers, freight burden could be minimized without
forwarders and brokers. reducing the quality of the collected
Agency Information Collection Estimated Number of Respondents: information.
Activities; Extension of an Approved 110,371 respondents in the first year
Information Collection: Designation of Issued under the authority delegated in 49
[35,000 currently approved applicants CFR 1.87 on: October 7, 2016.
Agents, Motor Carriers, Brokers and plus 75,371 new entrants].
Freight Forwarders G. Kelly Regal,
Estimated Time per Response: 10
Associate Administrator for Office of
AGENCY: Federal Motor Carrier Safety minutes. Research and Information Technology.
Expiration Date: November 30, 2016.
Administration (FMCSA), DOT. Frequency of Response: Form BOC–3 [FR Doc. 2016–24963 Filed 10–13–16; 8:45 am]
ACTION: Notice and request for must be filed by all motor carriers, BILLING CODE 4910–EX–P
comments. freight forwarders and brokers when the
transportation entity first registers with
SUMMARY: In accordance with the DEPARTMENT OF TRANSPORTATION
the FMCSA. All brokers shall make a
Paperwork Reduction Act of 1995,
designation for each State in which it Federal Motor Carrier Safety
FMCSA announces its plan to submit
has an office or in which contracts are Administration
the Information Collection Request (ICR)
written. Subsequent filings are made
described below to the Office of [Docket No. FMCSA–2014–0213]
only if the motor carrier, broker or
Management and Budget (OMB) for
freight forwarder changes process
review and approval. The information Qualification of Drivers; Exemption
agents.
collection request (ICR) titled, Applications; Epilepsy and Seizure
Estimated Total Annual Burden:
‘‘Designation of Agents, Motor Carriers, Disorders
18,395 hours [110,371 respondents
Brokers and Freight Forwarders,’’ is
times 10 minutes per response]. AGENCY: Federal Motor Carrier Safety
used to provide registered motor Background: The Secretary of
carriers, property brokers, and freight Administration (FMCSA), DOT.
Transportation (Secretary) is authorized ACTION: Notice of renewal of
forwarders a means of meeting process to register motor carriers under the
agent requirements. exemptions; request for comments.
provisions of 49 U.S.C. 13902; freight
DATES: We must receive your comments forwarders under the provisions of 49 SUMMARY: FMCSA announces its
on or before November 14, 2016. OMB U.S.C. 13903; and property brokers decision to renew exemptions of four
must receive your comments by this under provisions of 49 U.S.C. 13904. individuals from the requirement in the
rmajette on DSK2TPTVN1PROD with NOTICES

date in order to act quickly on the ICR. These persons may conduct Federal Motor Carrier Safety
ADDRESSES: All comments should transportation services only if they are Regulations (FMCSRs) that interstate
reference Federal Docket Management registered pursuant to 49 U.S.C. 13901. commercial motor vehicle (CMV)
System (FDMS) Docket Number The Secretary has delegated authority drivers have ‘‘no established medical
FMCSA–2016–0160. Interested persons pertaining to these registration history or clinical diagnosis of epilepsy
are invited to submit written comments requirements to the FMCSA pursuant to or any other condition which is likely
on the proposed information collection 49 CFR 1.73(a)(5). to cause loss of consciousness or any

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Federal Register / Vol. 81, No. 199 / Friday, October 14, 2016 / Notices 71167

loss of ability to control a CMV.’’ The postcard or print the acknowledgement take immediate steps to revoke the
exemptions enable these individuals page that appears after submitting exemption of a driver.
who have had one or more seizures and comments online.
Privacy Act: In accordance with 5 III. Basis for Renewing Exemptions
are taking anti-seizure medication to
continue to operate CMVs in interstate U.S.C. 553(c), DOT solicits comments Under 49 U.S.C. 31315(b)(1), an
commerce. from the public to better inform its exemption may be granted for no longer
DATES: The exemptions were effective rulemaking process. DOT posts these than two years from its approval date
on September 16, 2016. The exemptions comments, without edit, including any and may be renewed upon application.
will expire on September 16, 2018. personal information the commenter In accordance with 49 U.S.C. 31136(e)
Comments must be received on or provides, to http://www.regulations.gov, and 31315, each of the four applicants
before November 14, 2016. as described in the system of records has satisfied the conditions for
notice (DOT/ALL–14 FDMS), which can obtaining an exemption from the
FOR FURTHER INFORMATION CONTACT: Ms.
be reviewed at http://www.dot.gov/ Epilepsy and Seizure Disorder
Christine A. Hydock, Chief, Medical requirements and were published in the
privacy.
Programs Division, 202–366–4001, Federal Register (80 FR 16495). In
fmcsamedical@dot.gov, FMCSA, I. Background addition, for Commercial Driver’s
Department of Transportation, 1200 Under 49 U.S.C. 31136(e) and 31315, License (CDL) holders, the Commercial
New Jersey Avenue SE., Room W64– FMCSA may grant an exemption for two Driver’s License information System
224, Washington, DC 20590–0001. years if it finds ‘‘such exemption would (CDLIS) and the Motor Carrier
Office hours are from 8:30 a.m. to 5 likely achieve a level of safety that is Management Information System
p.m., e.t., Monday through Friday, equivalent to or greater than the level (MCMIS) are searched for crash and
except Federal holidays. If you have that would be achieved absent such violation data. For non-CDL holders, the
questions regarding viewing or exemption.’’ The statute also allows the Agency reviews the driving records
submitting material to the docket, Agency to renew exemptions at the end from the State Driver’s Licensing
contact Docket Services, telephone (202) of the two-year period. Agency (SDLA). These factors provide
366–9826. The physical qualification standard an adequate basis for predicting each
ADDRESSES: You may submit comments for drivers regarding epilepsy found in driver’s ability to continue to safely
bearing the Federal Docket Management 49 CFR 391.41(b)(8) states that a person operate a CMV in interstate commerce.
System (FDMS) Docket No. FMCSA– is physically qualified to drive a CMV The four drivers in this notice remain
2014–0213 using any of the following if that person: in good standing with the Agency, have
methods: Has no established medical history or maintained their medical monitoring
• Federal eRulemaking Portal: Go to clinical diagnosis of epilepsy or any other and have not exhibited any medical
http://www.regulations.gov. Follow the condition which is likely to cause the loss of issues that would compromise their
online instructions for submitting consciousness or any loss of ability to control ability to safely operate a CMV during
comments. a CMV. the previous two-year exemption
• Mail: Docket Management Facility; In addition to the regulations, FMCSA period. FMCSA has concluded that
U.S. Department of Transportation, 1200 has published advisory criteria to assist renewing the exemptions for each of
New Jersey Avenue SE., West Building Medical Examiners in determining these applicants is likely to achieve a
Ground Floor, Room W12–140, whether drivers with certain medical level of safety equal to that existing
Washington, DC 20590–0001. conditions are qualified to operate a without the exemption. Therefore,
• Hand Delivery: West Building CMV in interstate commerce. [49 CFR FMCSA has decided to renew each
Ground Floor, Room W12–140, 1200 part 391, APPENDIX A TO PART 391— exemption for a two-year period. In
New Jersey Avenue SE., Washington, MEDICAL ADVISORY CRITERIA, accordance with 49 U.S.C. 31136(e) and
DC, between 9 a.m. and 5 p.m., Monday section H. Epilepsy: § 391.41(b)(8), 31315, each driver has received a
through Friday, except Federal holidays. paragraphs 3, 4, and 5.] renewed exemption.
• Fax: 1–202–493–2251. The four individuals listed in this As of September 16, 2016, the
Instructions: Each submission must notice have requested renewal of their following four individuals have satisfied
include the Agency name and the exemptions from the Epilepsy and the renewal conditions for obtaining an
docket number(s) for this notice. Note Seizure Disorders prohibition in 49 CFR exemption from the Epilepsy and
that all comments received will be 391.41(b)(8), in accordance with Seizure Disorders prohibition in 49 CFR
posted without change to http:// FMCSA procedures. Accordingly, 391.41(b)(8), from driving CMVs in
www.regulations.gov, including any FMCSA has evaluated these interstate commerce (80 FR 16495): Lee
personal information provided. Please applications for renewal on their merits Anderson (MA); Gary Combs (KY);
see the Privacy Act heading below for and decided to extend each exemption Roland Mezger (PA); and Robert
further information. for a renewable two-year period. Thomas Jr. (NC).
Docket: For access to the docket to These drivers were included in
read background documents or II. Request for Comments
FMCSA–2014–0213. The exemptions
comments, go to http:// Interested parties or organizations were effective on September 16, 2016,
www.regulations.gov at any time or possessing information that would and will expire on September 16, 2018.
Room W12–140 on the ground level of otherwise show that any, or all, of these
the West Building, 1200 New Jersey drivers are not currently achieving the IV. Conditions and Requirements
Avenue SE., Washington, DC, between 9 statutory level of safety should The exemptions are extended subject
rmajette on DSK2TPTVN1PROD with NOTICES

a.m. and 5 p.m., Monday through immediately notify FMCSA. The to the following conditions: (1) Each
Friday, except Federal holidays. The Agency will evaluate any adverse driver must remain seizure-free and
FDMS is available 24 hours each day, evidence submitted and, if safety is maintain a stable treatment during the
365 days each year. If you want being compromised or if continuation of two-year exemption period; (2) each
acknowledgment that we received your the exemption would not be consistent driver must submit annual reports from
comments, please include a self- with the goals and objectives of 49 their treating physicians attesting to the
addressed, stamped envelope or U.S.C. 31136(e) and 31315, FMCSA will stability of treatment and that the driver

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Document Created: 2016-10-14 00:01:14
Document Modified: 2016-10-14 00:01:14

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 September 16, 2016. The exemptions will expire on September 16, 2018. 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 71166

81 FR 71166 - Qualification of Drivers; Exemption Applications; Epilepsy and Seizure Disorders

DEPARTMENT OF TRANSPORTATIONFederal Motor Carrier Safety Administration

Federal Register Volume 81, Issue 199 (October 14, 2016)

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration