81 FR 71170 - 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		71170-71171
FR Document		2016-24923

FMCSA announces its decision to renew exemptions of five 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 71170-71171]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-24923]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2013-0443]


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 five 
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 May 19, 2016. The exemptions 
will expire on May 19, 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-2013-0443 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--

[[Page 71171]]

MEDICAL ADVISORY CRITERIA, section H. Epilepsy: Sec.  391.41(b)(8), 
paragraphs 3, 4, and 5.]
    The five 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 five applicants has satisfied the conditions for obtaining an 
exemption from the Epilepsy and Seizure Disorder requirements and were 
published in the Federal Register (79 FR 74170). 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 five 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 May 19, 2016, the following five 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 (79 FR 74170):

Thomas Bynum (NC)
Ronald Hartl (WI)
Craig Hoisington (NH)
Michael Miller (WI)
Peter Thompson (FL)

    These drivers were included in FMCSA-2013-0443. The exemptions were 
effective on May 19, 2016, and will expire on May 19, 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 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 5 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. 2016-24923 Filed 10-13-16; 8:45 am]
 BILLING CODE 4910-EX-P

71170 Federal Register / Vol. 81, No. 199 / Friday, October 14, 2016 / Notices

MRB DEPARTMENT OF TRANSPORTATION through Friday, except Federal
Holidays.
Section 4116 of SAFETEA–LU Federal Motor Carrier Safety • Fax: 1–202–493–2251.
requires the Secretary of Transportation, Administration Instructions: Each submission must
with the advice of the MRB and the include the Agency name and the
[Docket No. FMCSA–2013–0443]
chief medical examiner, to establish, docket number(s) for this notice. Note
review, and revise ‘‘medical standards Qualification of Drivers; Exemption that all comments received will be
for operators of commercial motor Applications; Epilepsy and Seizure posted without change to http://
vehicles that will ensure that the Disorders www.regulations.gov, including any
physical condition of operators of personal information provided. Please
commercial motor vehicles is adequate AGENCY: Federal Motor Carrier Safety see the Privacy Act heading below for
to enable them to operate the vehicles Administration (FMCSA), DOT. further information.
safely.’’ The MRB operates in ACTION: Notice of renewal of Docket: For access to the docket to
accordance with FACA under the terms exemptions; request for comments. read background documents or
of its charter, filed November 25, 2013. comments, go to http://
SUMMARY: FMCSA announces its www.regulations.gov at any time or
At its meeting in August 2016, the decision to renew exemptions of five Room W12–140 on the ground level of
MRB began consideration of Task 16–1, individuals from the requirement in the the West Building, 1200 New Jersey
which is to provide recommendations to Federal Motor Carrier Safety Avenue SE., Washington, DC, between 9
the Agency on the disposition of Regulations (FMCSRs) that interstate a.m. and 5 p.m., Monday through
comments from medical professionals commercial motor vehicle (CMV) Friday, except Federal holidays. The
and associations to the Agency’s and the drivers have ‘‘no established medical FDMS is available 24 hours each day,
Federal Railroad Administration’s (FRA) history or clinical diagnosis of epilepsy 365 days each year. If you want
Advance Notice of Proposed or any other condition which is likely acknowledgment that we received your
Rulemaking (ANPRM) on safety- to cause loss of consciousness or any comments, please include a self-
sensitive rail and commercial motor loss of ability to control a CMV.’’ The addressed, stamped envelope or
vehicle (CMV) drivers with moderate to exemptions enable these individuals postcard or print the acknowledgement
severe Obstructive Sleep Apnea (OSA). who have had one or more seizures and page that appears after submitting
are taking anti-seizure medication to comments online.
II. Meeting Participation continue to operate CMVs in interstate Privacy Act: In accordance with 5
commerce. U.S.C. 553(c), DOT solicits comments
Oral comments from the public will
DATES: The exemptions were effective from the public to better inform its
be heard throughout the meeting, at the
on May 19, 2016. The exemptions will rulemaking process. DOT posts these
discretion of the MCSAC and MRB
expire on May 19, 2018. Comments comments, without edit, including any
chairmen. Members of the public may must be received on or before November
submit written comments on the topics personal information the commenter
14, 2016. provides, to http://www.regulations.gov,
to be considered during the meeting by
FOR FURTHER INFORMATION CONTACT: Ms. as described in the system of records
Wednesday, October 19, to Federal
Christine A. Hydock, Chief, Medical notice (DOT/ALL–14 FDMS), which can
Docket Management System (FDMC) be reviewed at http://www.dot.gov/
Programs Division, 202–366–4001,
Docket Number FMCSA–2008–0362 for fmcsamedical@dot.gov, FMCSA, privacy.
the MRB and FMCSA–2006–26367 for Department of Transportation, 1200
the MCSAC using any of the following I. Background
New Jersey Avenue SE., Room W64–
methods: 224, Washington, DC 20590–0001. Under 49 U.S.C. 31136(e) and 31315,
• Federal eRulemaking Portal: Go to Office hours are from 8:30 a.m. to 5 FMCSA may grant an exemption for two
http://www.regulations.gov. Follow the p.m., e.t., Monday through Friday, years if it finds ‘‘such exemption would
online instructions for submitting except Federal holidays. If you have likely achieve a level of safety that is
comments. questions regarding viewing or equivalent to or greater than the level
submitting material to the docket, that would be achieved absent such
• Fax: 202–493–2251. exemption.’’ The statute also allows the
contact Docket Services, telephone (202)
• Mail: Docket Management Facility; 366–9826. Agency to renew exemptions at the end
U.S. Department of Transportation, 1200 ADDRESSES: You may submit comments of the two-year period.
New Jersey Avenue SE., West Building, bearing the Federal Docket Management The physical qualification standard
Room W12–140, Washington, DC 20590. System (FDMS) Docket No. FMCSA– for drivers regarding epilepsy found in
• Hand Delivery: U.S. Department of 2013–0443 using any of the following 49 CFR 391.41(b)(8) states that a person
Transportation, 1200 New Jersey methods: is physically qualified to drive a CMV
Avenue SE., Room W12–140, • Federal eRulemaking Portal: Go to if that person:
Washington, DC, between 9 a.m. and 5 http://www.regulations.gov. Follow the Has no established medical history or
p.m., E.T. Monday through Friday, online instructions for submitting clinical diagnosis of epilepsy or any other
comments. condition which is likely to cause the loss of
except Federal holidays.
• Mail: Docket Management Facility; consciousness or any loss of ability to control
Issued on: October 7, 2016. U.S. Department of Transportation, 1200 a CMV.
rmajette on DSK2TPTVN1PROD with NOTICES

Larry W. Minor, New Jersey Avenue SE., West Building In addition to the regulations, FMCSA
Associate Administrator for Policy. Ground Floor, Room W12–140, has published advisory criteria to assist
[FR Doc. 2016–24927 Filed 10–13–16; 8:45 am] Washington, DC 20590–0001. Medical Examiners in determining
BILLING CODE 4910–EX–P • Hand Delivery: West Building whether drivers with certain medical
Ground Floor, Room W12–140, 1200 conditions are qualified to operate a
New Jersey Avenue SE., Washington, CMV in interstate commerce. [49 CFR
DC, between 9 a.m. and 5 p.m., Monday part 391, APPENDIX A TO PART 391—

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Federal Register / Vol. 81, No. 199 / Friday, October 14, 2016 / Notices 71171

MEDICAL ADVISORY CRITERIA, accordance with 49 U.S.C. 31136(e) and will be valid for two years unless
section H. Epilepsy: § 391.41(b)(8), 31315, each driver has received a revoked earlier by FMCSA.
paragraphs 3, 4, and 5.] renewed exemption. Issued on: October 7, 2016.
The five individuals listed in this As of May 19, 2016, the following five Larry W. Minor,
notice have requested renewal of their individuals have satisfied the renewal
exemptions from the Epilepsy and Associate Administrator for Policy.
conditions for obtaining an exemption
Seizure Disorders prohibition in 49 CFR [FR Doc. 2016–24923 Filed 10–13–16; 8:45 am]
from the Epilepsy and Seizure Disorders
391.41(b)(8), in accordance with prohibition in 49 CFR 391.41(b)(8), from BILLING CODE 4910–EX–P
FMCSA procedures. Accordingly, driving CMVs in interstate commerce
FMCSA has evaluated these (79 FR 74170):
applications for renewal on their merits DEPARTMENT OF TRANSPORTATION
Thomas Bynum (NC)
and decided to extend each exemption Ronald Hartl (WI) Federal Motor Carrier Safety
for a renewable two-year period. Craig Hoisington (NH) Administration
II. Request for Comments Michael Miller (WI)
[Docket No. FMCSA–2013–0442; FMCSA–
Interested parties or organizations Peter Thompson (FL) 2013–0445]
possessing information that would These drivers were included in
otherwise show that any, or all, of these FMCSA–2013–0443. The exemptions Qualification of Drivers; Exemption
drivers are not currently achieving the were effective on May 19, 2016, and will Applications; Epilepsy and Seizure
statutory level of safety should expire on May 19, 2018. Disorders
immediately notify FMCSA. The IV. Conditions and Requirements AGENCY: Federal Motor Carrier Safety
Agency will evaluate any adverse
The exemptions are extended subject Administration (FMCSA), DOT.
evidence submitted and, if safety is
to the following conditions: (1) Each ACTION: Notice of renewal of
being compromised or if continuation of
the exemption would not be consistent driver must remain seizure-free and exemptions; request for comments.
with the goals and objectives of 49 maintain a stable treatment during the SUMMARY: FMCSA announces its
U.S.C. 31136(e) and 31315, FMCSA will two-year exemption period; (2) each decision to renew exemptions of two
take immediate steps to revoke the driver must submit annual reports from individuals from the requirement in the
exemption of a driver. their treating physicians attesting to the Federal Motor Carrier Safety
stability of treatment and that the driver Regulations (FMCSRs) that interstate
III. Basis for Renewing Exemptions has remained seizure-free; (3) each commercial motor vehicle (CMV)
Under 49 U.S.C. 31315(b)(1), an driver must undergo an annual medical drivers have ‘‘no established medical
exemption may be granted for no longer examination by a certified Medical history or clinical diagnosis of epilepsy
than two years from its approval date Examiner, as defined by 49 CFR 390.5; or any other condition which is likely
and may be renewed upon application. and (4) each driver must provide a copy to cause loss of consciousness or any
In accordance with 49 U.S.C. 31136(e) of the annual medical certification to loss of ability to control a CMV.’’ The
and 31315, each of the five applicants the employer for retention in the exemptions enable these individuals
has satisfied the conditions for driver’s qualification file, or keep a copy who have had one or more seizures and
obtaining an exemption from the of his/her driver’s qualification file if are taking anti-seizure medication to
Epilepsy and Seizure Disorder he/she is self-employed. The driver continue to operate CMVs in interstate
requirements and were published in the must also have a copy of the exemption commerce.
Federal Register (79 FR 74170). In when driving, for presentation to a duly
addition, for Commercial Driver’s DATES: The renewed exemptions were
authorized Federal, State, or local
License (CDL) holders, the Commercial enforcement official. The exemption effective on the dates stated in the
Driver’s License information System will be rescinded if: (1) The person fails discussions below and will expire on
(CDLIS) and the Motor Carrier to comply with the terms and the dates stated in the discussions
Management Information System conditions of the exemption; (2) the below. Comments must be received on
(MCMIS) are searched for crash and exemption has resulted in a lower level or before November 14, 2016.
violation data. For non-CDL holders, the of safety than was maintained before it FOR FURTHER INFORMATION CONTACT: Ms.
Agency reviews the driving records was granted; or (3) continuation of the Christine A. Hydock, Chief, Medical
from the State Driver’s Licensing exemption would not be consistent with Programs Division, 202–366–4001,
Agency (SDLA). These factors provide the goals and objectives of 49 U.S.C. fmcsamedical@dot.gov, FMCSA,
an adequate basis for predicting each 31136(e) and 31315. Department of Transportation, 1200
driver’s ability to continue to safely New Jersey Avenue SE., Room W64–
operate a CMV in interstate commerce. V. Preemption 224, Washington, DC 20590–0001.
The five drivers in this notice remain During the period the exemption is in Office hours are from 8:30 a.m. to 5
in good standing with the Agency, have effect, no State shall enforce any law or p.m., e.t., Monday through Friday,
maintained their medical monitoring regulation that conflicts with this except Federal holidays. If you have
and have not exhibited any medical exemption with respect to a person questions regarding viewing or
issues that would compromise their operating under the exemption. submitting material to the docket,
ability to safely operate a CMV during contact Docket Services, telephone (202)
the previous two-year exemption VI. Conclusion 366–9826.
rmajette on DSK2TPTVN1PROD with NOTICES

period. FMCSA has concluded that Based upon its evaluation of the 5 ADDRESSES: You may submit comments
renewing the exemptions for each of exemption applications, FMCSA renews bearing the Federal Docket Management
these applicants is likely to achieve a the exemptions of the aforementioned System (FDMS) Docket No. FMCSA–
level of safety equal to that existing drivers from the Epilepsy and Seizure 2013–0442; FMCSA–2013–0445 using
without the exemption. Therefore, Disorders requirement in 49 CFR 391.41 any of the following methods:
FMCSA has decided to renew each (b)(8). In accordance with 49 U.S.C. • Federal eRulemaking Portal: Go to
exemption for a two-year period. In 31136(e) and 31315, each exemption http://www.regulations.gov. Follow the

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Document Created: 2016-10-14 00:00:41
Document Modified: 2016-10-14 00:00:41

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 May 19, 2016. The exemptions will expire on May 19, 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 71170

81 FR 71170 - 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