81 FR 72641 - Qualification of Drivers; Exemption Applications; Epilepsy and Seizure Disorders

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration

Federal Register Volume 81, Issue 203 (October 20, 2016)

Page Range		72641-72642
FR Document		2016-25387

FMCSA announces its decision to exempt 17 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 operate CMVs in interstate commerce.

Federal Register, Volume 81 Issue 203 (Thursday, October 20, 2016)

[Federal Register Volume 81, Number 203 (Thursday, October 20, 2016)]
[Notices]
[Pages 72641-72642]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-25387]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[FMCSA Docket No. FMCSA-2015-0322]


Qualification of Drivers; Exemption Applications; Epilepsy and 
Seizure Disorders

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION: Notice of final disposition.

-----------------------------------------------------------------------

SUMMARY: FMCSA announces its decision to exempt 17 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 operate CMVs in interstate commerce.

DATES: The exemptions were effective on June 9, 2016. The exemptions 
expire on June 9, 2018.

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. Electronic Access

    You may see all the comments online through the Federal Document 
Management System (FDMS) at: http://www.regulations.gov.
    Docket: For access to the docket to read background documents or 
comments, go to http://www.regulations.gov and/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.
    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.

II. Background

    On May 9, 2016, FMCSA published a notice announcing receipt of 
applications from 27 individuals requesting an exemption from the 
epilepsy prohibition in 49 CFR 391.41(b)(8) and requested comments from 
the public (81 FR 28131). The public comment period ended on June 8, 
2016, and three comments were received.
    FMCSA has evaluated the eligibility of these applicants and 
determined that granting exemptions to 17 of 27 individuals would 
achieve a level of safety equivalent to or greater than the level that 
would be achieved by complying with the current regulation 49 CFR 
391.41(b)(8). On September 30, 2016, a notice announcing the denial of 
the remaining 10 applicants was published in the Federal Register (81 
FR 67424).
    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 \1\ 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 72642]]

MEDICAL ADVISORY CRITERIA, section H. Epilepsy: Sec.  391.41(b)(8), 
paragraphs 3, 4, and 5.]
---------------------------------------------------------------------------

    \1\ See http://www.ecfr.gov/cgi-bin/text-idx?SID=e47b48a9ea42dd67d999246e23d97970&mc=true&node=pt49.5.391&rgn=div5#ap49.5.391_171.a and https://www.thefederalregister.org/fdsys/pkg/CFR-2015-title49-vol5/pdf/CFR-2015-title49-vol5-part391-appA.pdf.
---------------------------------------------------------------------------

III. Discussion of Comments

    FMCSA received three comments in this proceeding. Eva Gonzales 
supports granting seizure exemptions to drivers who have maintained a 
safe driving record. Liam McMillin expressed concern for the risk of 
seizure while driving, and stated that ``motorists cannot predict when 
they will have their next episode''. The Minnesota Department of Public 
Safety expressed support for three of the applicants included in this 
notice and concern about health issues and the driving record of an 
applicant Shaen Smith. In response to this comment, Mr. Smith has been 
seizure-free over 18 years and meets the physical qualification 
standards to drive commercially. His five-year driving record includes 
no violations or accidents and the Agency has reviewed his ten-year 
driving history and concludes that he meets the requisite level of 
safety to drive commercially within the terms and conditions of his 
exemption.

IV. Basis for Exemption Determination

    Under 49 U.S.C. 31136(e) and 31315(b), FMCSA may grant an exemption 
from the epilepsy/seizure standard in 49 CFR 391.41(b)(8) if the 
exemption is likely to achieve an equivalent or greater level of safety 
than would be achieved without the exemption. The exemption allows the 
applicants to operate CMVs in interstate commerce.
    In reaching the decision to grant these exemption requests, FMCSA 
considered the 2007 recommendations of the Agency's Medical Expert 
Panel (MEP). The January 15, 2013, Federal Register notice (78 FR 3069) 
provides the current MEP recommendations, which is the criteria the 
Agency uses to grant seizure exemptions.
    The Agency's decision regarding these exemption applications is 
based on an individualized assessment of each applicant's medical 
information, including the root cause of the respective seizure(s) and 
medical information about the applicant's seizure history, the length 
of time that has elapsed since the individual's last seizure, the 
stability of each individual's treatment regimen and the duration of 
time on or off of anti-seizure medication. In addition, the Agency 
reviewed the treating clinician's medical opinion related to the 
ability of the driver to safely operate a CMV with a history of seizure 
and each applicant's driving record found in the Commercial Driver's 
License Information System (CDLIS) for commercial driver's license 
(CDL) holders, and interstate and intrastate inspections recorded in 
the Motor Carrier Management Information System (MCMIS). For non-CDL 
holders, the Agency reviewed the driving records from the State 
Driver's Licensing Agency (SDLA).
    These 17 applicants have been seizure-free over a range of six to 
36 years while taking anti-seizure medication and maintained a stable 
medication treatment regimen for the last two years. In each case, the 
applicant's treating physician verified his or her seizure history and 
supports the ability to drive commercially. A summary of each 
applicant's seizure history was discussed in the May 9, 2016, Federal 
Register notice (81 FR 28131).
    The Agency acknowledges the potential consequences of a driver 
experiencing a seizure while operating a CMV. However, the Agency 
believes the drivers granted this exemption have demonstrated that they 
are unlikely to have a seizure and their medical condition does not 
pose a risk to public safety.
    Consequently, FMCSA finds that in each case exempting these 
applicants from the epilepsy/seizure standard in 49 CFR 391.41(b)(8) is 
likely to achieve a level of safety equal to that existing without the 
exemption.

IV. Conditions and Requirements

    The terms and conditions of the exemption are provided to the 
applicants in the exemption document and includes the following: (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.

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 17 exemption applications, FMCSA 
exempts the following drivers from the epilepsy/seizure standard, 49 
CFR 391.41(b)(8), subject to the requirements cited above:

Hamilton Barnard (CA)
Edward J. Carder, Jr. (OH)
Timothy M. Crampton (CT)
Henry Dennis Counts, Jr. (MD)
Michael D. Davis (ME)
Charlie E. Getchell (WI)
Dennis R. Giles (IN)
Robert W. Goddard (NH)
Larry G. Hediger (IL)
Martin Lancaster (ME)
Philip A. Logan (SC)
Eric J. McVetty (NH)
Donald John Richmond (SC)
Shaen Smith (MN)
Kevin Lee Sprinkle (NC)
Patrick Trimbo (MN)
Alan Washabaugh (PA)

    In accordance with 49 U.S.C. 31315(b)(1), each exemption is valid 
for two years unless revoked earlier by FMCSA. The exemption will be 
revoked if the following occurs: (1) The individual 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 prior to being 
granted; or (3) continuation of the exemption would not be consistent 
with the goals and objectives of 49 U.S.C. 31136 and 31315.

    Issued on: October 12, 2016.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2016-25387 Filed 10-19-16; 8:45 am]
 BILLING CODE 4910-EX-P

Federal Register / Vol. 81, No. 203 / Thursday, October 20, 2016 / Notices 72641

a CMV or personal vehicle, whether or conditions of the exemption; (2) the Management System (FDMS) at: http://
not it is related to an episode of exemption has resulted in a lower level www.regulations.gov.
hypoglycemia; (3) that each individual of safety than was maintained before it Docket: For access to the docket to
provide a copy of the ophthalmologist’s was granted; or (3) continuation of the read background documents or
or optometrist’s report to the medical exemption would not be consistent with comments, go to http://
examiner at the time of the annual the goals and objectives of 49 U.S.C. www.regulations.gov and/or Room
medical examination; and (4) that each 31136(e) and 31315. If the exemption is W12–140 on the ground level of the
individual provide a copy of the annual still effective at the end of the 2-year West Building, 1200 New Jersey Avenue
medical certification to the employer for period, the person may apply to FMCSA SE., Washington, DC, between 9 a.m.
retention in the driver’s qualification for a renewal under procedures in effect and 5 p.m., Monday through Friday,
file, or keep a copy in his/her driver’s at that time. except Federal holidays.
qualification file if he/she is self- Privacy Act: In accordance with 5
Issued on: October 14, 2016.
employed. The driver must also have a U.S.C. 553(c), DOT solicits comments
Larry W. Minor, from the public to better inform its
copy of the certification when driving,
Associate Administrator for Policy. rulemaking process. DOT posts these
for presentation to a duly authorized
Federal, State, or local enforcement [FR Doc. 2016–25383 Filed 10–19–16; 8:45 am] comments, without edit, including any
official. BILLING CODE 4910–EX–P personal information the commenter
provides, to http://www.regulations.gov,
VI. Conclusion as described in the system of records
Based upon its evaluation of the 37 DEPARTMENT OF TRANSPORTATION notice (DOT/ALL–14 FDMS), which can
exemption applications, FMCSA be reviewed at http://www.dot.gov/
Federal Motor Carrier Safety privacy.
exempts the following drivers from the Administration
diabetes requirement in 49 CFR II. Background
391.41(b)(3), subject to the requirements [FMCSA Docket No. FMCSA–2015–0322]
cited above 49 CFR 391.64(b): On May 9, 2016, FMCSA published a
Qualification of Drivers; Exemption notice announcing receipt of
Scott G. Barr (FL) applications from 27 individuals
Applications; Epilepsy and Seizure
John L. Bauers (NE) requesting an exemption from the
Disorders
Robert J. Borgese (NJ) epilepsy prohibition in 49 CFR
Rodger L. Bratton (LA) AGENCY: Federal Motor Carrier Safety 391.41(b)(8) and requested comments
John T. Brecken (MI) Administration (FMCSA), DOT. from the public (81 FR 28131). The
Ross L. Christenson (MN) ACTION: Notice of final disposition. public comment period ended on June
Daniel B. Cox (WA) 8, 2016, and three comments were
Raymond Davila, Jr. (NJ) SUMMARY: FMCSA announces its
received.
Craig W. Dennis (MN) decision to exempt 17 individuals from FMCSA has evaluated the eligibility
Lawrence M. Duffy, III (NY) the requirement in the Federal Motor of these applicants and determined that
Douglas Endicott (VA) Carrier Safety Regulations (FMCSRs) granting exemptions to 17 of 27
Carmine Ferraro (CT) that interstate commercial motor vehicle individuals would achieve a level of
Thomas P. Fogerty (MA) (CMV) drivers have ‘‘no established safety equivalent to or greater than the
M.A. Gandolfo, Jr. (NY) medical history or clinical diagnosis of level that would be achieved by
Merlyn C. Gerdes (IA) epilepsy or any other condition which complying with the current regulation
Fabian Guerrero-Rodriguez (NV) is likely to cause loss of consciousness 49 CFR 391.41(b)(8). On September 30,
Loren T. Hall (NY) or any loss of ability to control a CMV.’’ 2016, a notice announcing the denial of
Mark A. Hersh (PA) The exemptions enable these the remaining 10 applicants was
James C. Holcomb (LA) individuals who have had one or more published in the Federal Register (81
Eric E. Humphrey (MA) seizures and are taking anti-seizure FR 67424).
Troy M. Keller (MN) medication to operate CMVs in The physical qualification standard
Ronald C. Kolb (MT) interstate commerce. for drivers regarding epilepsy found in
Robert J. Lockwood (CT) DATES: The exemptions were effective 49 CFR 391.41(b)(8) states that a person
Kenneth R. Logan, Sr. (IL) on June 9, 2016. The exemptions expire is physically qualified to drive a CMV
Adam W. Martin (MI) on June 9, 2018. if that person:
Michael L. Mitchell (IA) FOR FURTHER INFORMATION CONTACT: Ms. Has no established medical history or clinical
Clarence H. Mitchell 3rd (CT) Christine A. Hydock, Chief, Medical diagnosis of epilepsy or any other condition
Lucas J. Preston (ND) Programs Division, (202) 366–4001, which is likely to cause the loss of
William B. L. Robinson (AR) fmcsamedical@dot.gov, FMCSA, consciousness or any loss of ability to control
Michael T. Salsedo (HI) Department of Transportation, 1200 a CMV.
F. Marino M. Sanchez (NY) New Jersey Avenue SE., Room W64– In addition to the regulations, FMCSA
Andrew D. Sanford (TN) 224, Washington, DC 20590–0001. has published advisory criteria 1 to
Jeffery J. Stricherz (SD) Office hours are from 8:30 a.m. to 5 p.m. assist medical examiners in determining
Michael A. Taylor (CT) e.t., Monday through Friday, except whether drivers with certain medical
Jerry W. Thomas (NC) Federal holidays. If you have questions conditions are qualified to operate a
Ray E. Vaughn (MN) regarding viewing or submitting CMV in interstate commerce. [49 CFR
mstockstill on DSK3G9T082PROD with NOTICES

Ronald L. Yeager (PA) material to the docket, contact Docket part 391, APPENDIX A TO PART 391—
In accordance with 49 U.S.C. 31136(e) Services, telephone (202) 366–9826.
and 31315 each exemption is valid for SUPPLEMENTARY INFORMATION: 1 See http://www.ecfr.gov/cgi-bin/text-idx?SID=

two years unless revoked earlier by e47b48a9ea42dd67d999246e23d97970&mc=
FMCSA. The exemption will be revoked I. Electronic Access true&node=pt49.5.391&rgn=div5#ap49.5.391_171.a
and https://www.gpo.gov/fdsys/pkg/CFR-2015-
if the following occurs: (1) The person You may see all the comments online title49-vol5/pdf/CFR-2015-title49-vol5-part391-
fails to comply with the terms and through the Federal Document appA.pdf.

VerDate Sep<11>2014 16:40 Oct 19, 2016 Jkt 241001 PO 00000 Frm 00080 Fmt 4703 Sfmt 4703 E:\FR\FM\20OCN1.SGM 20OCN1

72642 Federal Register / Vol. 81, No. 203 / Thursday, October 20, 2016 / Notices

MEDICAL ADVISORY CRITERIA, Driver’s License Information System exemption with respect to a person
section H. Epilepsy: § 391.41(b)(8), (CDLIS) for commercial driver’s license operating under the exemption.
paragraphs 3, 4, and 5.] (CDL) holders, and interstate and
VI. Conclusion
intrastate inspections recorded in the
III. Discussion of Comments Based upon its evaluation of the 17
Motor Carrier Management Information
FMCSA received three comments in System (MCMIS). For non-CDL holders, exemption applications, FMCSA
this proceeding. Eva Gonzales supports the Agency reviewed the driving records exempts the following drivers from the
granting seizure exemptions to drivers from the State Driver’s Licensing epilepsy/seizure standard, 49 CFR
who have maintained a safe driving Agency (SDLA). 391.41(b)(8), subject to the requirements
record. Liam McMillin expressed These 17 applicants have been cited above:
concern for the risk of seizure while seizure-free over a range of six to 36 Hamilton Barnard (CA)
driving, and stated that ‘‘motorists years while taking anti-seizure Edward J. Carder, Jr. (OH)
cannot predict when they will have medication and maintained a stable Timothy M. Crampton (CT)
their next episode’’. The Minnesota medication treatment regimen for the Henry Dennis Counts, Jr. (MD)
Department of Public Safety expressed last two years. In each case, the Michael D. Davis (ME)
support for three of the applicants applicant’s treating physician verified Charlie E. Getchell (WI)
included in this notice and concern his or her seizure history and supports Dennis R. Giles (IN)
about health issues and the driving the ability to drive commercially. A Robert W. Goddard (NH)
record of an applicant Shaen Smith. In summary of each applicant’s seizure Larry G. Hediger (IL)
response to this comment, Mr. Smith history was discussed in the May 9, Martin Lancaster (ME)
has been seizure-free over 18 years and 2016, Federal Register notice (81 FR Philip A. Logan (SC)
meets the physical qualification Eric J. McVetty (NH)
28131).
standards to drive commercially. His Donald John Richmond (SC)
five-year driving record includes no The Agency acknowledges the
potential consequences of a driver Shaen Smith (MN)
violations or accidents and the Agency Kevin Lee Sprinkle (NC)
has reviewed his ten-year driving experiencing a seizure while operating a
CMV. However, the Agency believes the Patrick Trimbo (MN)
history and concludes that he meets the Alan Washabaugh (PA)
requisite level of safety to drive drivers granted this exemption have
demonstrated that they are unlikely to In accordance with 49 U.S.C.
commercially within the terms and
have a seizure and their medical 31315(b)(1), each exemption is valid for
conditions of his exemption.
condition does not pose a risk to public two years unless revoked earlier by
IV. Basis for Exemption Determination safety. FMCSA. The exemption will be revoked
Under 49 U.S.C. 31136(e) and Consequently, FMCSA finds that in if the following occurs: (1) The
31315(b), FMCSA may grant an each case exempting these applicants individual fails to comply with the
exemption from the epilepsy/seizure from the epilepsy/seizure standard in 49 terms and conditions of the exemption;
standard in 49 CFR 391.41(b)(8) if the CFR 391.41(b)(8) is likely to achieve a (2) the exemption has resulted in a
exemption is likely to achieve an level of safety equal to that existing lower level of safety than was
equivalent or greater level of safety than without the exemption. maintained prior to being granted; or (3)
would be achieved without the continuation of the exemption would
IV. Conditions and Requirements not be consistent with the goals and
exemption. The exemption allows the
applicants to operate CMVs in interstate The terms and conditions of the objectives of 49 U.S.C. 31136 and 31315.
commerce. exemption are provided to the Issued on: October 12, 2016.
In reaching the decision to grant these applicants in the exemption document Larry W. Minor,
exemption requests, FMCSA considered and includes the following: (1) Each Associate Administrator for Policy.
the 2007 recommendations of the driver must remain seizure-free and
[FR Doc. 2016–25387 Filed 10–19–16; 8:45 am]
Agency’s Medical Expert Panel (MEP). maintain a stable treatment during the
BILLING CODE 4910–EX–P
The January 15, 2013, Federal Register two-year exemption period; (2) each
notice (78 FR 3069) provides the current driver must submit annual reports from
MEP recommendations, which is the their treating physicians attesting to the DEPARTMENT OF TRANSPORTATION
criteria the Agency uses to grant seizure stability of treatment and that the driver
exemptions. has remained seizure-free; (3) each Federal Motor Carrier Safety
The Agency’s decision regarding these driver must undergo an annual medical Administration
exemption applications is based on an examination by a certified Medical
individualized assessment of each Examiner, as defined by 49 CFR 390.5; [Docket No. FMCSA–2016–0206]
applicant’s medical information, and (4) each driver must provide a copy
Qualification of Drivers; Exemption
including the root cause of the of the annual medical certification to
Applications; Vision
respective seizure(s) and medical the employer for retention in the
information about the applicant’s driver’s qualification file, or keep a copy AGENCY: Federal Motor Carrier Safety
seizure history, the length of time that of his/her driver’s qualification file if Administration (FMCSA), DOT.
has elapsed since the individual’s last he/she is self-employed. The driver ACTION: Notice of final disposition.
seizure, the stability of each individual’s must also have a copy of the exemption
treatment regimen and the duration of when driving, for presentation to a duly SUMMARY: FMCSA announces its
mstockstill on DSK3G9T082PROD with NOTICES

time on or off of anti-seizure authorized Federal, State, or local decision to exempt 12 individuals from
medication. In addition, the Agency enforcement official. the vision requirement in the Federal
reviewed the treating clinician’s Motor Carrier Safety Regulations
V. Preemption
medical opinion related to the ability of (FMCSRs). They are unable to meet the
the driver to safely operate a CMV with During the period the exemption is in vision requirement in one eye for
a history of seizure and each applicant’s effect, no State shall enforce any law or various reasons. The exemptions will
driving record found in the Commercial regulation that conflicts with this enable these individuals to operate

VerDate Sep<11>2014 16:40 Oct 19, 2016 Jkt 241001 PO 00000 Frm 00081 Fmt 4703 Sfmt 4703 E:\FR\FM\20OCN1.SGM 20OCN1

Document Created: 2016-10-21 09:59:19
Document Modified: 2016-10-21 09:59:19

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 final disposition.
Dates		The exemptions were effective on June 9, 2016. The exemptions expire on June 9, 2018.
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 72641

81 FR 72641 - Qualification of Drivers; Exemption Applications; Epilepsy and Seizure Disorders

DEPARTMENT OF TRANSPORTATIONFederal Motor Carrier Safety Administration

Federal Register Volume 81, Issue 203 (October 20, 2016)

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration