81 FR 71171 - 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		71171-71173
FR Document		2016-24930

FMCSA announces its decision to renew exemptions of two 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 71171-71173]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-24930]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2013-0442; FMCSA-2013-0445]


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.

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SUMMARY: FMCSA announces its decision to renew exemptions of two 
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 renewed exemptions were effective on the dates stated in the 
discussions below and will expire on the dates stated in the 
discussions below. 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-2013-0442; FMCSA-2013-0445 
using any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the

[[Page 71172]]

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 two 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 two 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 73690, 79 FR 73693). 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 two 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 July 8, 2016, Michael Duprey (CT) has 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 73690). This driver was included in FMCSA-
2013-0442. The exemption was effective on July 8, 2016, and will expire 
on July 8, 2018.
    As of July 14, 2016, Ronald Blout (GA) has 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 73693). This driver was included in FMCSA-
2013-0445. The exemption was effective on July 14, 2016, and will 
expire on July 14, 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.

[[Page 71173]]

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 two 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. 2016-24930 Filed 10-13-16; 8:45 am]
 BILLING CODE 4910-EX-P

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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71172 Federal Register / Vol. 81, No. 199 / Friday, October 14, 2016 / Notices

online instructions for submitting condition which is likely to cause the loss of and have not exhibited any medical
comments. consciousness or any loss of ability to control issues that would compromise their
• Mail: Docket Management Facility; a CMV. ability to safely operate a CMV during
U.S. Department of Transportation, 1200 In addition to the regulations, FMCSA the previous two-year exemption
New Jersey Avenue SE., West Building has published advisory criteria to assist period. FMCSA has concluded that
Ground Floor, Room W12–140, Medical Examiners in determining renewing the exemptions for each of
Washington, DC 20590–0001. whether drivers with certain medical these applicants is likely to achieve a
• Hand Delivery: West Building conditions are qualified to operate a level of safety equal to that existing
Ground Floor, Room W12–140, 1200 CMV in interstate commerce. [49 CFR without the exemption. Therefore,
New Jersey Avenue SE., Washington, part 391, APPENDIX A TO PART 391— FMCSA has decided to renew each
DC, between 9 a.m. and 5 p.m., Monday MEDICAL ADVISORY CRITERIA, exemption for a two-year period. In
through Friday, except Federal section H. Epilepsy: § 391.41(b)(8), accordance with 49 U.S.C. 31136(e) and
Holidays. paragraphs 3, 4, and 5.] 31315, each driver has received a
• Fax: 1–202–493–2251. The two individuals listed in this renewed exemption.
Instructions: Each submission must notice have requested renewal of their
include the Agency name and the exemptions from the Epilepsy and As of July 8, 2016, Michael Duprey
docket number(s) for this notice. Note Seizure Disorders prohibition in 49 CFR (CT) has satisfied the renewal
that all comments received will be 391.41(b)(8), in accordance with conditions for obtaining an exemption
posted without change to http:// FMCSA procedures. Accordingly, from the Epilepsy and Seizure Disorders
www.regulations.gov, including any FMCSA has evaluated these prohibition in 49 CFR 391.41(b)(8), from
personal information provided. Please applications for renewal on their merits driving CMVs in interstate commerce
see the Privacy Act heading below for and decided to extend each exemption (79 FR 73690). This driver was included
further information. for a renewable two-year period. in FMCSA–2013–0442. The exemption
Docket: For access to the docket to was effective on July 8, 2016, and will
read background documents or II. Request for Comments expire on July 8, 2018.
comments, go to http:// Interested parties or organizations As of July 14, 2016, Ronald Blout
www.regulations.gov at any time or possessing information that would (GA) has satisfied the renewal
Room W12–140 on the ground level of otherwise show that any, or all, of these conditions for obtaining an exemption
the West Building, 1200 New Jersey drivers are not currently achieving the from the Epilepsy and Seizure Disorders
Avenue SE., Washington, DC, between 9 statutory level of safety should prohibition in 49 CFR 391.41(b)(8), from
a.m. and 5 p.m., Monday through immediately notify FMCSA. The driving CMVs in interstate commerce
Friday, except Federal holidays. The Agency will evaluate any adverse (79 FR 73693). This driver was included
FDMS is available 24 hours each day, evidence submitted and, if safety is in FMCSA–2013–0445. The exemption
365 days each year. If you want being compromised or if continuation of was effective on July 14, 2016, and will
acknowledgment that we received your the exemption would not be consistent expire on July 14, 2018.
comments, please include a self- with the goals and objectives of 49
addressed, stamped envelope or U.S.C. 31136(e) and 31315, FMCSA will IV. Conditions and Requirements
postcard or print the acknowledgement take immediate steps to revoke the
page that appears after submitting exemption of a driver. The exemptions are extended subject
comments online. to the following conditions: (1) Each
Privacy Act: In accordance with 5 III. Basis for Renewing Exemptions driver must remain seizure-free and
U.S.C. 553(c), DOT solicits comments Under 49 U.S.C. 31315(b)(1), an maintain a stable treatment during the
from the public to better inform its exemption may be granted for no longer two-year exemption period; (2) each
rulemaking process. DOT posts these than two years from its approval date driver must submit annual reports from
comments, without edit, including any and may be renewed upon application. their treating physicians attesting to the
personal information the commenter In accordance with 49 U.S.C. 31136(e) stability of treatment and that the driver
provides, to http://www.regulations.gov, and 31315, each of the two applicants has remained seizure-free; (3) each
as described in the system of records has satisfied the conditions for driver must undergo an annual medical
notice (DOT/ALL–14 FDMS), which can obtaining an exemption from the examination by a certified Medical
be reviewed at http://www.dot.gov/ Epilepsy and Seizure Disorder Examiner, as defined by 49 CFR 390.5;
privacy. requirements and were published in the and (4) each driver must provide a copy
Federal Register (79 FR 73690, 79 FR of the annual medical certification to
I. Background the employer for retention in the
73693). In addition, for Commercial
Under 49 U.S.C. 31136(e) and 31315, Driver’s License (CDL) holders, the driver’s qualification file, or keep a copy
FMCSA may grant an exemption for two Commercial Driver’s License of his/her driver’s qualification file if
years if it finds ‘‘such exemption would information System (CDLIS) and the he/she is self-employed. The driver
likely achieve a level of safety that is Motor Carrier Management Information must also have a copy of the exemption
equivalent to or greater than the level System (MCMIS) are searched for crash when driving, for presentation to a duly
that would be achieved absent such and violation data. For non-CDL authorized Federal, State, or local
exemption.’’ The statute also allows the holders, the Agency reviews the driving enforcement official. The exemption
Agency to renew exemptions at the end records from the State Driver’s will be rescinded if: (1) The person fails
of the two-year period. Licensing Agency (SDLA). These factors to comply with the terms and
rmajette on DSK2TPTVN1PROD with NOTICES

The physical qualification standard provide an adequate basis for predicting conditions of the exemption; (2) the
for drivers regarding epilepsy found in each driver’s ability to continue to exemption has resulted in a lower level
49 CFR 391.41(b)(8) states that a person safely operate a CMV in interstate of safety than was maintained before it
is physically qualified to drive a CMV commerce. was granted; or (3) continuation of the
if that person: The two drivers in this notice remain exemption would not be consistent with
Has no established medical history or in good standing with the Agency, have the goals and objectives of 49 U.S.C.
clinical diagnosis of epilepsy or any other maintained their medical monitoring 31136(e) and 31315.

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Document Created: 2016-10-14 00:01:37
Document Modified: 2016-10-14 00:01:37

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 renewed exemptions were effective on the dates stated in the discussions below and will expire on the dates stated in the discussions below. 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 71171

81 FR 71171 - 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