81 FR 96174 - Qualification of Drivers; Exemption Applications; Epilepsy and Seizure Disorders

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration

Federal Register Volume 81, Issue 250 (December 29, 2016)

Page Range		96174-96176
FR Document		2016-31558

FMCSA announces its decision to renew exemptions of three 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 250 (Thursday, December 29, 2016)

[Federal Register Volume 81, Number 250 (Thursday, December 29, 2016)]
[Notices]
[Pages 96174-96176]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-31558]


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

DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2014-0216]


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 three 
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 November 4, 2016. The 
renewed exemptions will expire on November 4, 2018. Comments must be 
received on or before January 30, 2017.

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-2014-0216 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

[[Page 96175]]

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., 
e.t., 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., e.t., 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 three 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 three applicants has satisfied the conditions for obtaining an 
exemption from the Epilepsy and Seizure Disorder requirements and were 
published in the Federal Register (80 FR 17542). 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 three 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 November 4, 2016, the following three 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 (80 FR 17542): Ronald Bland (OH); 
Joseph Celedonia (MD); and Thomas Mitchell (MS). These drivers were 
included in FMCSA-2014-0216. The exemptions were effective on November 
4, 2016, and will expire on November 4, 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 three exemption applications, 
FMCSA renews the exemptions of the aforementioned drivers from the 
Epilepsy and Seizure

[[Page 96176]]

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: December 19, 2016.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2016-31558 Filed 12-28-16; 8:45 am]
 BILLING CODE 4910-EX-P

Federal Register / Vol. 81, No. 250 / Thursday, December 29, 2016 / Notices 96175

New Jersey Avenue SE., West Building In addition to the regulations, FMCSA period. FMCSA has concluded that
Ground Floor, Room W12–140, has published advisory criteria to assist renewing the exemptions for each of
Washington, DC 20590–0001. Medical Examiners in determining these applicants is likely to achieve a
• Hand Delivery: West Building whether drivers with certain medical level of safety equal to that existing
Ground Floor, Room W12–140, 1200 conditions are qualified to operate a without the exemption. Therefore,
New Jersey Avenue SE., Washington, CMV in interstate commerce. [49 CFR FMCSA has decided to renew each
DC, between 9 a.m. and 5 p.m., e.t., part 391, Appendix A to Part 391— exemption for a two-year period. In
Monday through Friday, except Federal Medical Advisory Criteria, section H. accordance with 49 U.S.C. 31136(e) and
Holidays. Epilepsy: § 391.41(b)(8), paragraphs 3, 4, 31315, each driver has received a
• Fax: 1–202–493–2251. and 5.] renewed exemption.
Instructions: Each submission must The three individuals listed in this As of November 4, 2016, the following
include the Agency name and the notice have requested renewal of their three individuals have satisfied the
docket number(s) for this notice. Note exemptions from the Epilepsy and renewal conditions for obtaining an
that all comments received will be Seizure Disorders prohibition in 49 CFR exemption from the Epilepsy and
posted without change to http:// 391.41(b)(8), in accordance with Seizure Disorders prohibition in 49 CFR
www.regulations.gov, including any FMCSA procedures. Accordingly, 391.41(b)(8), from driving CMVs in
personal information provided. Please FMCSA has evaluated these interstate commerce (80 FR 17542):
see the Privacy Act heading below for applications for renewal on their merits Ronald Bland (OH); Joseph Celedonia
further information. and decided to extend each exemption (MD); and Thomas Mitchell (MS). These
for a renewable two-year period. drivers were included in FMCSA–2014–
Docket: For access to the docket to
read background documents or II. Request for Comments 0216. The exemptions were effective on
comments, go to http:// November 4, 2016, and will expire on
Interested parties or organizations November 4, 2018.
www.regulations.gov at any time or possessing information that would
Room W12–140 on the ground level of otherwise show that any, or all, of these IV. Conditions and Requirements
the West Building, 1200 New Jersey drivers are not currently achieving the The exemptions are extended subject
Avenue SE., Washington, DC, between 9 statutory level of safety should to the following conditions: (1) Each
a.m. and 5 p.m., e.t., Monday through immediately notify FMCSA. The driver must remain seizure-free and
Friday, except Federal holidays. The Agency will evaluate any adverse maintain a stable treatment during the
FDMS is available 24 hours each day, evidence submitted and, if safety is two-year exemption period; (2) each
365 days each year. If you want being compromised or if continuation of driver must submit annual reports from
acknowledgment that we received your the exemption would not be consistent their treating physicians attesting to the
comments, please include a self- with the goals and objectives of 49 stability of treatment and that the driver
addressed, stamped envelope or U.S.C. 31136(e) and 31315, FMCSA will has remained seizure-free; (3) each
postcard or print the acknowledgement take immediate steps to revoke the driver must undergo an annual medical
page that appears after submitting exemption of a driver. examination by a certified Medical
comments online. Examiner, as defined by 49 CFR 390.5;
Privacy Act: In accordance with 5 III. Basis for Renewing Exemptions
and (4) each driver must provide a copy
U.S.C. 553(c), DOT solicits comments Under 49 U.S.C. 31315(b)(1), an of the annual medical certification to
from the public to better inform its exemption may be granted for no longer the employer for retention in the
rulemaking process. DOT posts these than two years from its approval date driver’s qualification file, or keep a copy
comments, without edit, including any and may be renewed upon application. of his/her driver’s qualification file if
personal information the commenter In accordance with 49 U.S.C. 31136(e) he/she is self-employed. The driver
provides, to http://www.regulations.gov, and 31315, each of the three applicants must also have a copy of the exemption
as described in the system of records has satisfied the conditions for when driving, for presentation to a duly
notice (DOT/ALL–14 FDMS), which can obtaining an exemption from the authorized Federal, State, or local
be reviewed at http://www.dot.gov/ Epilepsy and Seizure Disorder enforcement official. The exemption
privacy. requirements and were published in the will be rescinded if: (1) The person fails
Federal Register (80 FR 17542). In to comply with the terms and
I. Background
addition, for Commercial Driver’s conditions of the exemption; (2) the
Under 49 U.S.C. 31136(e) and 31315, License (CDL) holders, the Commercial exemption has resulted in a lower level
FMCSA may grant an exemption for two Driver’s License Information System of safety than was maintained before it
years if it finds ‘‘such exemption would (CDLIS) and the Motor Carrier was granted; or (3) continuation of the
likely achieve a level of safety that is Management Information System exemption would not be consistent with
equivalent to or greater than the level (MCMIS) are searched for crash and the goals and objectives of 49 U.S.C.
that would be achieved absent such violation data. For non-CDL holders, the 31136(e) and 31315.
exemption.’’ The statute also allows the Agency reviews the driving records
Agency to renew exemptions at the end from the State Driver’s Licensing V. Preemption
of the two-year period. Agency (SDLA). These factors provide During the period the exemption is in
The physical qualification standard an adequate basis for predicting each effect, no State shall enforce any law or
driver’s ability to continue to safely
asabaliauskas on DSK3SPTVN1PROD with NOTICES

for drivers regarding epilepsy found in regulation that conflicts with this
49 CFR 391.41(b)(8) states that a person operate a CMV in interstate commerce. exemption with respect to a person
is physically qualified to drive a CMV The three drivers in this notice operating under the exemption.
if that person: remain in good standing with the
Agency, have maintained their medical VI. Conclusion
Has no established medical history or
clinical diagnosis of epilepsy or any other monitoring and have not exhibited any Based upon its evaluation of the three
condition which is likely to cause the loss of medical issues that would compromise exemption applications, FMCSA renews
consciousness or any loss of ability to control their ability to safely operate a CMV the exemptions of the aforementioned
a CMV. during the previous two-year exemption drivers from the Epilepsy and Seizure

VerDate Sep<11>2014 18:41 Dec 28, 2016 Jkt 241001 PO 00000 Frm 00220 Fmt 4703 Sfmt 4703 E:\FR\FM\29DEN1.SGM 29DEN1

Document Created: 2016-12-29 01:58:52
Document Modified: 2016-12-29 01:58:52

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 November 4, 2016. The renewed exemptions will expire on November 4, 2018. Comments must be received on or before January 30, 2017.
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 96174

81 FR 96174 - Qualification of Drivers; Exemption Applications; Epilepsy and Seizure Disorders

DEPARTMENT OF TRANSPORTATIONFederal Motor Carrier Safety Administration

Federal Register Volume 81, Issue 250 (December 29, 2016)

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration