81 FR 72663 - 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		72663-72664
FR Document		2016-25385

FMCSA announces its decision to renew exemptions of 10 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 203 (Thursday, October 20, 2016)

[Federal Register Volume 81, Number 203 (Thursday, October 20, 2016)]
[Notices]
[Pages 72663-72664]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-25385]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2013-0109; FMCSA-2013-0444]


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 10 
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 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 
21, 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-2013-0109; FMCSA-2013-0444 
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--MEDICAL 
ADVISORY CRITERIA, section H. Epilepsy: Sec.  391.41(b)(8), paragraphs 
3, 4, and 5.]
    The 10 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 10 applicants has satisfied the conditions for obtaining an 
exemption from the Epilepsy and Seizure Disorder requirements and was 
published in the Federal Register (79 FR 23054, 79 FR 73400). 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 10 drivers in this notice remain in good standing with the 
Agency, have maintained their medical monitoring, and have not 
exhibited any medical

[[Page 72664]]

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 June 9, 2016, David Crowe (VA) 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 June 9, 2016, and will expire 
on June 9, 2018.
    As of June 24, 2016, the following 9 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 73400):

Travis Arend (VA)
Heath Crowe (LA)
Richard Degnan (AZ)
Peter DellaRocco (PA)
Domenick Panfie (NJ)
Scott Reaves (TX)
Milton Tatham (NV)
Thomas Tincher (VA)
Duane Troff (MN)

    These drivers were included in FMCSA-2013-0444. The exemptions were 
effective on June 24, 2016, and will expire on June 24, 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 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 10 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 13, 2016.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2016-25385 Filed 10-19-16; 8:45 am]
 BILLING CODE 4910-EX-P

Federal Register / Vol. 81, No. 203 / Thursday, October 20, 2016 / Notices 72663

Issued on: October 12, 2016. online instructions for submitting condition which is likely to cause the loss of
Larry W. Minor, comments. consciousness or any loss of ability to control
Associate Administrator for Policy. • Mail: Docket Management Facility; a CMV.
[FR Doc. 2016–25384 Filed 10–19–16; 8:45 am] U.S. Department of Transportation, 1200 In addition to the regulations, FMCSA
BILLING CODE 4910–EX–P
New Jersey Avenue SE., West Building has published advisory criteria to assist
Ground Floor, Room W12–140, Medical Examiners in determining
Washington, DC 20590–0001. whether drivers with certain medical
DEPARTMENT OF TRANSPORTATION • Hand Delivery: West Building conditions are qualified to operate a
Ground Floor, Room W12–140, 1200 CMV in interstate commerce. [49 CFR
Federal Motor Carrier Safety New Jersey Avenue SE., Washington, part 391, APPENDIX A TO PART 391—
Administration DC, between 9 a.m. and 5 p.m., Monday MEDICAL ADVISORY CRITERIA,
through Friday, except Federal section H. Epilepsy: § 391.41(b)(8),
[Docket No. FMCSA–2013–0109; FMCSA–
Holidays. paragraphs 3, 4, and 5.]
2013–0444]
• Fax: 1–202–493–2251. The 10 individuals listed in this
Instructions: Each submission must notice have requested renewal of their
Qualification of Drivers; Exemption include the Agency name and the exemptions from the Epilepsy and
Applications; Epilepsy and Seizure docket number(s) for this notice. Note Seizure Disorders prohibition in 49 CFR
Disorders that all comments received will be 391.41(b)(8), in accordance with
posted without change to http:// FMCSA procedures. Accordingly,
AGENCY: Federal Motor Carrier Safety www.regulations.gov, including any FMCSA has evaluated these
Administration (FMCSA), DOT. personal information provided. Please applications for renewal on their merits
ACTION: Notice of renewal of see the Privacy Act heading below for and decided to extend each exemption
exemptions; request for comments. further information. for a renewable two-year period.
Docket: For access to the docket to
SUMMARY: FMCSA announces its read background documents or II. Request for Comments
decision to renew exemptions of 10 comments, go to http:// Interested parties or organizations
individuals from the requirement in the www.regulations.gov at any time or possessing information that would
Federal Motor Carrier Safety Room W12–140 on the ground level of otherwise show that any, or all, of these
Regulations (FMCSRs) that interstate the West Building, 1200 New Jersey drivers are not currently achieving the
commercial motor vehicle (CMV) Avenue SE., Washington, DC, between 9 statutory level of safety should
drivers have ‘‘no established medical a.m. and 5 p.m., Monday through immediately notify FMCSA. The
history or clinical diagnosis of epilepsy Friday, except Federal holidays. The Agency will evaluate any adverse
or any other condition which is likely FDMS is available 24 hours each day, evidence submitted and, if safety is
to cause loss of consciousness or any 365 days each year. If you want being compromised or if continuation of
loss of ability to control a CMV.’’ The acknowledgment that we received your the exemption would not be consistent
exemptions enable these individuals comments, please include a self- with the goals and objectives of 49
who have had one or more seizures and addressed, stamped envelope or U.S.C. 31136(e) and 31315, FMCSA will
are taking anti-seizure medication to postcard or print the acknowledgement take immediate steps to revoke the
continue to operate CMVs in interstate page that appears after submitting exemption of a driver.
commerce. comments online.
Privacy Act: In accordance with 5 III. Basis for Renewing Exemptions
DATES: Each group of renewed
exemptions was effective on the dates U.S.C. 553(c), DOT solicits comments Under 49 U.S.C. 31315(b)(1), an
stated in the discussions below and will from the public to better inform its exemption may be granted for no longer
expire on the dates stated in the rulemaking process. DOT posts these than two years from its approval date
discussions below. Comments must be comments, without edit, including any and may be renewed upon application.
received on or before November 21, personal information the commenter In accordance with 49 U.S.C. 31136(e)
2016. provides, to http://www.regulations.gov, and 31315, each of the 10 applicants has
as described in the system of records satisfied the conditions for obtaining an
FOR FURTHER INFORMATION CONTACT: Ms. notice (DOT/ALL–14 FDMS), which can exemption from the Epilepsy and
Christine A. Hydock, Chief, Medical be reviewed at http://www.dot.gov/ Seizure Disorder requirements and was
Programs Division, 202–366–4001, privacy. published in the Federal Register (79
fmcsamedical@dot.gov, FMCSA, FR 23054, 79 FR 73400). In addition, for
Department of Transportation, 1200 I. Background
Commercial Driver’s License (CDL)
New Jersey Avenue SE., Room W64– Under 49 U.S.C. 31136(e) and 31315, holders, the Commercial Driver’s
224, Washington, DC 20590–0001. FMCSA may grant an exemption for two License information System (CDLIS)
Office hours are from 8:30 a.m. to 5 years if it finds ‘‘such exemption would and the Motor Carrier Management
p.m., e.t., Monday through Friday, likely achieve a level of safety that is Information System (MCMIS) are
except Federal holidays. If you have equivalent to or greater than the level searched for crash and violation data.
questions regarding viewing or that would be achieved absent such For non-CDL holders, the Agency
submitting material to the docket, exemption.’’ The statute also allows the reviews the driving records from the
contact Docket Services, telephone (202) Agency to renew exemptions at the end State Driver’s Licensing Agency (SDLA).
366–9826. of the two-year period. These factors provide an adequate basis
mstockstill on DSK3G9T082PROD with NOTICES

ADDRESSES: You may submit comments The physical qualification standard for predicting each driver’s ability to
bearing the Federal Docket Management for drivers regarding epilepsy found in continue to safely operate a CMV in
System (FDMS) Docket No. FMCSA– 49 CFR 391.41(b)(8) states that a person interstate commerce.
2013–0109; FMCSA–2013–0444 using is physically qualified to drive a CMV The 10 drivers in this notice remain
any of the following methods: if that person: in good standing with the Agency, have
• Federal eRulemaking Portal: Go to Has no established medical history or maintained their medical monitoring,
http://www.regulations.gov. Follow the clinical diagnosis of epilepsy or any other and have not exhibited any medical

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72664 Federal Register / Vol. 81, No. 203 / Thursday, October 20, 2016 / Notices

issues that would compromise their to comply with the terms and System (FDMS) Docket No. FMCSA–
ability to safely operate a CMV during conditions of the exemption; (2) the 2016–0210 using any of the following
the previous two-year exemption exemption has resulted in a lower level methods:
period. FMCSA has concluded that of safety than was maintained before it • Federal eRulemaking Portal: Go to
renewing the exemptions for each of was granted; or (3) continuation of the http://www.regulations.gov. Follow the
these applicants is likely to achieve a exemption would not be consistent with on-line instructions for submitting
level of safety equal to that existing the goals and objectives of 49 U.S.C. comments.
without the exemption. Therefore, 31136(e) and 31315. • Mail: Docket Management Facility;
FMCSA has decided to renew each V. Preemption U.S. Department of Transportation, 1200
exemption for a two-year period. In New Jersey Avenue SE., West Building
accordance with 49 U.S.C. 31136(e) and During the period the exemption is in Ground Floor, Room W12–140,
31315, each driver has received a effect, no State shall enforce any law or Washington, DC 20590–0001.
renewed exemption. regulation that conflicts with this • Hand Delivery: West Building
As of June 9, 2016, David Crowe (VA) exemption with respect to a person Ground Floor, Room W12–140, 1200
has satisfied the renewal conditions for operating under the exemption. New Jersey Avenue SE., Washington,
obtaining an exemption from the VI. Conclusion DC, between 9 a.m. and 5 p.m., Monday
Epilepsy and Seizure Disorders through Friday, except Federal
Based upon its evaluation of the 10
prohibition in 49 CFR 391.41(b)(8) from Holidays.
exemption applications, FMCSA renews
driving CMVs in interstate commerce • Fax: 1–202–493–2251.
the exemptions of the aforementioned
(79 FR 23054). This driver was included Instructions: Each submission must
drivers from the Epilepsy and Seizure
in FMCSA–2013–0109. The exemption include the Agency name and the
Disorders requirement in 49 CFR 391.41
was effective on June 9, 2016, and will (b)(8). In accordance with 49 U.S.C. docket numbers for this notice. Note
expire on June 9, 2018. 31136(e) and 31315, each exemption that all comments received will be
As of June 24, 2016, the following 9 will be valid for two years unless posted without change to http://
individuals have satisfied the renewal revoked earlier by FMCSA. www.regulations.gov, including any
conditions for obtaining an exemption personal information provided. Please
from the Epilepsy and Seizure Disorders Issued on: October 13, 2016. see the Privacy Act heading below for
prohibition in 49 CFR 391.41(b)(8) from Larry W. Minor, further information.
driving CMVs in interstate commerce Associate Administrator for Policy. Docket: For access to the docket to
(79 FR 73400): [FR Doc. 2016–25385 Filed 10–19–16; 8:45 am] read background documents or
Travis Arend (VA) BILLING CODE 4910–EX–P comments, go to http://
Heath Crowe (LA) www.regulations.gov at any time or
Richard Degnan (AZ) Room W12–140 on the ground level of
Peter DellaRocco (PA) DEPARTMENT OF TRANSPORTATION the West Building, 1200 New Jersey
Domenick Panfie (NJ) Avenue SE., Washington, DC, between 9
Federal Motor Carrier Safety a.m. and 5 p.m., Monday through
Scott Reaves (TX)
Administration Friday, except Federal holidays. The
Milton Tatham (NV)
Thomas Tincher (VA) [Docket No. FMCSA–2016–0210] FDMS is available 24 hours each day,
Duane Troff (MN) 365 days each year. If you want
Qualification of Drivers; Exemption acknowledgment that we received your
These drivers were included in
Applications; Vision comments, please include a self-
FMCSA–2013–0444. The exemptions
were effective on June 24, 2016, and AGENCY: Federal Motor Carrier Safety addressed, stamped envelope or
will expire on June 24, 2018. Administration (FMCSA), DOT. postcard or print the acknowledgement
page that appears after submitting
IV. Conditions and Requirements ACTION: Notice of applications for
exemptions; request for comments. comments on-line.
The exemptions are extended subject Privacy Act: In accordance with 5
to the following conditions: (1) Each SUMMARY: FMCSA announces receipt of U.S.C. 553(c), DOT solicits comments
driver must remain seizure-free and applications from 22 individuals for from the public to better inform its
maintain a stable treatment during the exemption from the vision requirement rulemaking process. DOT posts these
two-year exemption period; (2) each in the Federal Motor Carrier Safety comments, without edit, including any
driver must submit annual reports from Regulations. They are unable to meet personal information the commenter
their treating physicians attesting to the the vision requirement in one eye for provides, to www.regulations.gov, as
stability of treatment and that the driver various reasons. The exemptions will described in the system of records
has remained seizure-free; (3) each enable these individuals to operate notice (DOT/ALL–14 FDMS), which can
driver must undergo an annual medical commercial motor vehicles (CMVs) in be reviewed at www.dot.gov/privacy.
examination by a certified Medical interstate commerce without meeting FOR FURTHER INFORMATION CONTACT: Ms.
Examiner, as defined by 49 CFR 390.5; the prescribed vision requirement in Christine A. Hydock, Chief, Medical
and (4) each driver must provide a copy one eye. If granted, the exemptions Programs Division, (202) 366–4001,
of the annual medical certification to would enable these individuals to fmcsamedical@dot.gov, FMCSA,
the employer for retention in the qualify as drivers of commercial motor Department of Transportation, 1200
driver’s qualification file or keep a copy vehicles (CMVs) in interstate commerce. New Jersey Avenue SE., Room W64–
mstockstill on DSK3G9T082PROD with NOTICES

of his/her driver’s qualification file if DATES: Comments must be received on 113, Washington, DC 20590–0001.
he/she is self-employed. The driver or before November 21, 2016. All Office hours are 8:30 a.m. to 5 p.m., e.t.,
must have a copy of the exemption comments will be investigated by Monday through Friday, except Federal
when driving for presentation to a duly FMCSA. The exemptions will be issued holidays. If you have questions
authorized Federal, State, or local the day after the comment period closes. regarding viewing or submitting
enforcement official. The exemption ADDRESSES: You may submit comments material to the docket, contact Docket
will be rescinded if: (1) The person fails bearing the Federal Docket Management Services, telephone (202) 366–9826.

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Document Created: 2016-10-21 09:59:03
Document Modified: 2016-10-21 09:59:03

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 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 21, 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 72663

81 FR 72663 - 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