81 FR 71176 - 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		71176-71177
FR Document		2016-24933

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 71176-71177]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-24933]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2012-0094; FMCSA-2013-0109]


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: Each renewed exemption was 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.

ADDRESSES: You may submit comments bearing the Federal Docket 
Management System (FDMS) Docket No. FMCSA-2012-0094; FMCSA-2013-0109 
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

[[Page 71177]]

be reviewed at http://www.dot.gov/privacy.

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.

SUPPLEMENTARY INFORMATION: 

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 70917, 79 FR 23054). 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 February 10, 2016, Victor Martinez (ID) 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 70917). This driver was included in 
FMCSA-2012-0094. The exemption was effective on February 10, 2016, and 
will expire on February 10, 2018.
    As of February 14, 2016, John Johnson (WI) 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 23054). This driver was included in 
FMCSA-2013-0109. The exemption was effective on February 14, 2016, and 
will expire on February 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.

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. 2016-24933 Filed 10-13-16; 8:45 am]
 BILLING CODE 4910-EX-P

Federal Register / Vol. 81, No. 199 / Friday, October 14, 2016 / Notices 71177

be reviewed at http://www.dot.gov/ being compromised or if continuation of was effective on February 14, 2016, and
privacy. the exemption would not be consistent will expire on February 14, 2018.
FOR FURTHER INFORMATION CONTACT: Ms. with the goals and objectives of 49
U.S.C. 31136(e) and 31315, FMCSA will IV. Conditions and Requirements
Christine A. Hydock, Chief, Medical
Programs Division, 202–366–4001, take immediate steps to revoke the The exemptions are extended subject
fmcsamedical@dot.gov, FMCSA, exemption of a driver. to the following conditions: (1) Each
Department of Transportation, 1200 III. Basis for Renewing Exemptions driver must remain seizure-free and
New Jersey Avenue SE., Room W64– maintain a stable treatment during the
224, Washington, DC 20590–0001. Under 49 U.S.C. 31315(b)(1), an
two-year exemption period; (2) each
Office hours are from 8:30 a.m. to 5 exemption may be granted for no longer
than two years from its approval date driver must submit annual reports from
p.m., e.t., Monday through Friday, their treating physicians attesting to the
except Federal holidays. If you have and may be renewed upon application.
In accordance with 49 U.S.C. 31136(e) stability of treatment and that the driver
questions regarding viewing or has remained seizure-free; (3) each
submitting material to the docket, and 31315, each of the two applicants
has satisfied the conditions for driver must undergo an annual medical
contact Docket Services, telephone (202) examination by a certified Medical
366–9826. obtaining an exemption from the
Epilepsy and Seizure Disorder Examiner, as defined by 49 CFR 390.5;
SUPPLEMENTARY INFORMATION: and (4) each driver must provide a copy
requirements and were published in the
I. Background Federal Register (79 FR 70917, 79 FR of the annual medical certification to
Under 49 U.S.C. 31136(e) and 31315, 23054). In addition, for Commercial the employer for retention in the
FMCSA may grant an exemption for two Driver’s License (CDL) holders, the driver’s qualification file, or keep a copy
years if it finds ‘‘such exemption would Commercial Driver’s License of his/her driver’s qualification file if
likely achieve a level of safety that is information System (CDLIS) and the he/she is self-employed. The driver
equivalent to or greater than the level Motor Carrier Management Information must also have a copy of the exemption
that would be achieved absent such System (MCMIS) are searched for crash when driving, for presentation to a duly
exemption.’’ The statute also allows the and violation data. For non-CDL authorized Federal, State, or local
Agency to renew exemptions at the end holders, the Agency reviews the driving enforcement official. The exemption
of the two-year period. records from the State Driver’s will be rescinded if: (1) The person fails
The physical qualification standard Licensing Agency (SDLA). These factors to comply with the terms and
for drivers regarding epilepsy found in provide an adequate basis for predicting conditions of the exemption; (2) the
49 CFR 391.41(b)(8) states that a person each driver’s ability to continue to exemption has resulted in a lower level
is physically qualified to drive a CMV safely operate a CMV in interstate of safety than was maintained before it
if that person: commerce. was granted; or (3) continuation of the
The two drivers in this notice remain exemption would not be consistent with
Has no established medical history or
clinical diagnosis of epilepsy or any other in good standing with the Agency, have the goals and objectives of 49 U.S.C.
condition which is likely to cause the loss of maintained their medical monitoring
31136(e) and 31315.
consciousness or any loss of ability to control and have not exhibited any medical
a CMV. issues that would compromise their V. Preemption
In addition to the regulations, FMCSA ability to safely operate a CMV during
the previous two-year exemption During the period the exemption is in
has published advisory criteria to assist effect, no State shall enforce any law or
Medical Examiners in determining period. FMCSA has concluded that
renewing the exemptions for each of regulation that conflicts with this
whether drivers with certain medical
these applicants is likely to achieve a exemption with respect to a person
conditions are qualified to operate a
CMV in interstate commerce. [49 CFR level of safety equal to that existing operating under the exemption.
part 391, APPENDIX A TO PART 391— without the exemption. Therefore,
VI. Conclusion
MEDICAL ADVISORY CRITERIA, FMCSA has decided to renew each
section H. Epilepsy: § 391.41(b)(8), exemption for a two-year period. In Based upon its evaluation of the two
paragraphs 3, 4, and 5.] accordance with 49 U.S.C. 31136(e) and exemption applications, FMCSA renews
The two individuals listed in this 31315, each driver has received a the exemptions of the aforementioned
notice have requested renewal of their renewed exemption. drivers from the Epilepsy and Seizure
exemptions from the Epilepsy and As of February 10, 2016, Victor Disorders requirement in 49 CFR 391.41
Seizure Disorders prohibition in 49 CFR Martinez (ID) has satisfied the renewal (b)(8). In accordance with 49 U.S.C.
391.41(b)(8), in accordance with conditions for obtaining an exemption 31136(e) and 31315, each exemption
FMCSA procedures. Accordingly, from the Epilepsy and Seizure Disorders
will be valid for two years unless
FMCSA has evaluated these prohibition in 49 CFR 391.41(b)(8), from
revoked earlier by FMCSA.
applications for renewal on their merits driving CMVs in interstate commerce
and decided to extend each exemption (79 FR 70917). This driver was included Issued on: October 7, 2016.
for a renewable two-year period. in FMCSA–2012–0094. The exemption Larry W. Minor,
was effective on February 10, 2016, and Associate Administrator for Policy.
II. Request for Comments will expire on February 10, 2018. [FR Doc. 2016–24933 Filed 10–13–16; 8:45 am]
Interested parties or organizations As of February 14, 2016, John Johnson
rmajette on DSK2TPTVN1PROD with NOTICES

BILLING CODE 4910–EX–P
possessing information that would (WI) has satisfied the renewal
otherwise show that any, or all, of these conditions for obtaining an exemption
drivers are not currently achieving the from the Epilepsy and Seizure Disorders
statutory level of safety should prohibition in 49 CFR 391.41(b)(8), from
immediately notify FMCSA. The driving CMVs in interstate commerce
Agency will evaluate any adverse (79 FR 23054). This driver was included
evidence submitted and, if safety is in FMCSA–2013–0109. The exemption

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Document Created: 2016-10-14 00:00:44
Document Modified: 2016-10-14 00:00:44

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		Each renewed exemption was 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 71176

81 FR 71176 - 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