81 FR 71181 - 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		71181-71182
FR Document		2016-24967

FMCSA announces its decision to renew exemptions of 11 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 71181-71182]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-24967]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2011-0389; FMCSA-2012-0294; FMCSA-2013-0109; FMCSA-
2013-0442]


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 11 
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 group of 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.

ADDRESSES: You may submit comments bearing the Federal Docket 
Management System (FDMS) Docket No. FMCSA-2011-0389; FMCSA-2012-0294; 
FMCSA-2013-0109; FMCSA-2013-0442 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.

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 11 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)

[[Page 71182]]

and 31315, each of the 11 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 73690; 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 11 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 April 8, 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 (79 FR 70917; 79 FR 23054): Jeffrey Ballweg 
(WI); Michael Ranalli (PA); Lonnie Reicker (IL); and Jay Whitehead 
(NY). These drivers were included in FMCSA-2011-0389; and FMCSA-2012-
0294; FMCSA-2013-0109. The exemptions were effective on April 8, 2016, 
and will expire on April 8, 2018.
    As of April 23, 2016, the following seven 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 73690):

Charles Blood (NY)
Raymond Lobo (NJ)
Randy Pinto (PA)
Brent Robinson (NC)
James Spece (PA)
Douglas Teigland (MN)
Joseph Thomas (MD)

    These drivers were included in FMCSA-2013-0442. The exemptions were 
effective on April 23, 2016, and will expire on April 23, 2018.
    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.

IV. 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.

V. Conclusion

    Based upon its evaluation of the 11 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. 2016-24967 Filed 10-13-16; 8:45 am]
 BILLING CODE 4910-EX-P

71182 Federal Register / Vol. 81, No. 199 / Friday, October 14, 2016 / Notices

and 31315, each of the 11 applicants has The exemptions are extended subject DEPARTMENT OF TRANSPORTATION
satisfied the conditions for obtaining an to the following conditions: (1) Each
exemption from the Epilepsy and driver must remain seizure-free and National Highway Traffic Safety
Seizure Disorder requirements and were maintain a stable treatment during the Administration
published in the Federal Register (79 two-year exemption period; (2) each [Docket No. NHTSA–2016–0041; Notice 1]
FR 70917; 79 FR 73690; 79 FR 23054). driver must submit annual reports from
In addition, for Commercial Driver’s their treating physicians attesting to the Notice of Receipt of Petition for
License (CDL) holders, the Commercial stability of treatment and that the driver Decision That Nonconforming Model
Driver’s License information System has remained seizure-free; (3) each Year 2008 Chevrolet Silverado Trucks
(CDLIS) and the Motor Carrier driver must undergo an annual medical are Eligible for Importation
Management Information System examination by a certified Medical
(MCMIS) are searched for crash and AGENCY: National Highway Traffic
Examiner, as defined by 49 CFR 390.5; Safety Administration (NHTSA),
violation data. For non-CDL holders, the
and (4) each driver must provide a copy Department of Transportation (DOT).
Agency reviews the driving records
of the annual medical certification to
from the State Driver’s Licensing ACTION: Receipt of petition.
Agency (SDLA). These factors provide the employer for retention in the
an adequate basis for predicting each driver’s qualification file, or keep a copy SUMMARY: This document announces
driver’s ability to continue to safely of his/her driver’s qualification file if receipt by the National Highway Traffic
operate a CMV in interstate commerce. he/she is self-employed. The driver Safety Administration (NHTSA) of a
The 11 drivers in this notice remain must also have a copy of the exemption petition for a decision that model year
in good standing with the Agency, have when driving, for presentation to a duly (MY) 2008 Chevrolet Silverado trucks
maintained their medical monitoring authorized Federal, State, or local that were not originally manufactured to
and have not exhibited any medical enforcement official. The exemption comply with all applicable Federal
issues that would compromise their will be rescinded if: (1) The person fails motor vehicle safety standards
ability to safely operate a CMV during to comply with the terms and (FMVSS), are eligible for importation
the previous two-year exemption conditions of the exemption; (2) the into the United States because they are
period. FMCSA has concluded that exemption has resulted in a lower level substantially similar to vehicles that
renewing the exemptions for each of of safety than was maintained before it were originally manufactured for sale in
these applicants is likely to achieve a was granted; or (3) continuation of the the United States and that were certified
level of safety equal to that existing exemption would not be consistent with by their manufacturer as complying
without the exemption. Therefore, the goals and objectives of 49 U.S.C. with the safety standards (the U.S.-
FMCSA has decided to renew each 31136(e) and 31315. certified version of the 2008 Chevrolet
exemption for a two-year period. In Silverado truck) and they are capable of
accordance with 49 U.S.C. 31136(e) and IV. Preemption being readily altered to conform to the
31315, each driver has received a standards.
During the period the exemption is in
renewed exemption. DATES: The closing date for comments
As of April 8, 2016, the following four effect, no State shall enforce any law or
on the petition is November 14, 2016.
individuals have satisfied the renewal regulation that conflicts with this
ADDRESSES: Comments should refer to
conditions for obtaining an exemption exemption with respect to a person
the docket and notice numbers above
from the Epilepsy and Seizure Disorders operating under the exemption.
and be submitted by any of the
prohibition in 49 CFR 391.41(b)(8), from V. Conclusion following methods:
driving CMVs in interstate commerce • Federal eRulemaking Portal: Go to
(79 FR 70917; 79 FR 23054): Jeffrey Based upon its evaluation of the 11 https://www.regulations.gov. Follow the
Ballweg (WI); Michael Ranalli (PA); exemption applications, FMCSA renews online instructions for submitting
Lonnie Reicker (IL); and Jay Whitehead the exemptions of the aforementioned comments.
(NY). These drivers were included in drivers from the Epilepsy and Seizure • Mail: Docket Management Facility:
FMCSA–2011–0389; and FMCSA–2012– Disorders requirement in 49 CFR 391.41 U.S. Department of Transportation, 1200
0294; FMCSA–2013–0109. The (b)(8). In accordance with 49 U.S.C. New Jersey Avenue SE., West Building
exemptions were effective on April 8, 31136(e) and 31315, each exemption Ground Floor, Room W12–140,
2016, and will expire on April 8, 2018. will be valid for two years unless Washington, DC 20590–0001.
As of April 23, 2016, the following revoked earlier by FMCSA. • Hand Delivery or Courier: West
seven individuals have satisfied the Building Ground Floor, Room W12–140,
renewal conditions for obtaining an Issued on: October 7, 2016.
1200 New Jersey Avenue SE., between
exemption from the Epilepsy and Larry W. Minor, 9 a.m. and 5 p.m. ET, Monday through
Seizure Disorders prohibition in 49 CFR Associate Administrator for Policy. Friday, except Federal holidays.
391.41(b)(8), from driving CMVs in [FR Doc. 2016–24967 Filed 10–13–16; 8:45 am] • Fax: 202–493–2251.
interstate commerce (79 FR 73690): BILLING CODE 4910–EX–P Instructions: Comments must be
Charles Blood (NY) written in the English language, and be
Raymond Lobo (NJ) no greater than 15 pages in length,
Randy Pinto (PA) although there is no limit to the length
Brent Robinson (NC) of necessary attachments to the
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James Spece (PA) comments. If comments are submitted
Douglas Teigland (MN) in hard copy form, please ensure that
Joseph Thomas (MD) two copies are provided. If you wish to
These drivers were included in receive confirmation that your
FMCSA–2013–0442. The exemptions comments were received, please enclose
were effective on April 23, 2016, and a stamped, self-addressed postcard with
will expire on April 23, 2018. the comments. Note that all comments

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Document Created: 2016-10-14 00:00:25
Document Modified: 2016-10-14 00:00:25

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 group of 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 71181

81 FR 71181 - 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