81 FR 96189 - 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		96189-96191
FR Document		2016-31544

FMCSA announces receipt of applications from eight individuals for an exemption from the prohibition in the Federal Motor Carrier Safety Regulations (FMCSRs) against persons with a clinical diagnosis of epilepsy or any other condition that is likely to cause a loss of consciousness or any loss of ability to control a commercial motor vehicle (CMV) to drive in interstate commerce. If granted, the exemptions would 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 250 (Thursday, December 29, 2016)

[Federal Register Volume 81, Number 250 (Thursday, December 29, 2016)]
[Notices]
[Pages 96189-96191]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-31544]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2016-0313]


Qualification of Drivers; Exemption Applications; Epilepsy and 
Seizure Disorders

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

ACTION: Notice of applications for exemption; request for comments.

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SUMMARY: FMCSA announces receipt of applications from eight individuals 
for an exemption from the prohibition in the Federal Motor Carrier 
Safety Regulations (FMCSRs) against persons with a clinical diagnosis 
of epilepsy or any other condition that is likely to cause a loss of 
consciousness or any loss of ability to control a commercial motor 
vehicle (CMV) to drive in interstate commerce. If granted, the 
exemptions would enable these individuals who have had one or more 
seizures and are taking anti-seizure medication to operate CMVs in 
interstate commerce.

DATES: Comments must be received on or before January 30, 2017.

ADDRESSES: You may submit comments bearing the Federal Docket 
Management System (FDMS) Docket No. FMCSA-2016-0313 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

[[Page 96190]]

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 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 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 
from the FMCSRs for a two-year period 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 eight individuals listed in this notice have requested an 
exemption from the epilepsy prohibition in 49 CFR 391.41(b)(8). 
Accordingly, the Agency will evaluate the qualifications of each 
applicant to determine whether granting the exemption will achieve the 
required level of safety mandated by statute.
    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--MEDICAL 
ADVISORY CRITERIA, section H. Epilepsy: Sec.  391.41(b)(8), paragraphs 
3, 4, and 5.]
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    \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.
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    The advisory criteria state the following:
    If an individual has had a sudden episode of a non-epileptic 
seizure or loss of consciousness of unknown cause that did not require 
anti-seizure medication, the decision whether that person's condition 
is likely to cause the loss of consciousness or loss of ability to 
control a CMV should be made on an individual basis by the Medical 
Examiner in consultation with the treating physician. Prior to 
considering certification, it is suggested there be a six-month waiting 
period from the time of the episode. Following the waiting period, it 
is suggested that the individual undergo a complete neurological 
examination. If the results of the examination are negative and anti-
seizure medication is not required, the driver may be qualified.
    In those individual cases where a driver had a seizure or an 
episode of loss of consciousness that resulted from a known medical 
condition (e.g., drug reaction, high temperature, acute infectious 
disease, dehydration, or acute metabolic disturbance), certification 
should be deferred until the driver has recovered fully from that 
condition, has no existing residual complications, and is not taking 
anti-seizure medication.
    Drivers who have a history of epilepsy/seizures, off anti-seizure 
medication and seizure-free for 10 years, may be qualified to operate a 
CMV in interstate commerce. Interstate drivers who have had a single 
unprovoked seizure may be qualified to drive a CMV in interstate 
commerce if seizure-free and off anti-seizure medication for five years 
or more.
    As a result of Medical Examiners misinterpreting advisory criteria 
as regulation, numerous drivers have been prohibited from operating a 
CMV in interstate commerce based on the fact that they have had one or 
more seizures and are taking anti-seizure medication, rather than an 
individual analysis of their circumstances by a qualified Medical 
Examiner based on the physical qualification standards and medical best 
practices.
    On January 15, 2013, in a Notice of Final Disposition entitled, 
``Qualification of Drivers; Exemption Applications; Epilepsy and 
Seizure Disorders,'' (78 FR 3069), FMCSA announced its decision to 
grant requests from 22 individuals for exemptions from the regulatory 
requirement that interstate 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.'' Since the January 15, 2013 notice, the Agency has 
published additional notices granting requests from individuals for 
exemptions from the regulatory requirement regarding epilepsy found in 
49 CFR 391.41(b)(8).
    To be considered for an exemption from the epilepsy prohibition in 
49 CFR 391.41(b)(8), applicants must meet the criteria in the 2007 
recommendations of the Agency's Medical Expert Panel (MEP) (78 FR 
3069).

II. Qualifications of Applicants

James Connelly

    Mr. Connelly is a 62 year-old class B CDL holder in New Jersey. He 
has a history of a seizure disorder and his last seizure was in 2000. 
He takes anti-seizure medication with the dosage and frequency 
remaining the same since that time. His physician states that he is 
supportive of Mr. Connelly receiving an exemption.

Ricky Leon Conway Jr.

    Mr. Conway is a 42 year-old driver in Missouri. He has a history of 
a seizure disorder and his last seizure was in 2000. He takes anti-
seizure medication with the dosage and frequency remaining the same 
since that time. His physician states that he is supportive of Mr. 
Conway receiving an exemption.

[[Page 96191]]

John Darden

    Mr. Darden is a 41 year-old driver in California. He has a history 
of a seizure disorder and his last seizure was in 1996. He takes anti-
seizure medication with the dosage and frequency remaining the same 
since that time. His physician states that he is supportive of Mr. 
Darden receiving an exemption.

William Harden

    Mr. Harden is a 32 year-old driver in New York. He has a history of 
a seizure disorder and his last seizure was in 2001. He takes anti-
seizure medication with the dosage and frequency remaining the same 
since that time. His physician states that he is supportive of Mr. 
Harden receiving an exemption.

Bradley H. Hollister

    Mr. Hollister is a 59 year-old class A CDL holder in Pennsylvania. 
He has a history of a seizure disorder and his last seizure was in 
1989. He takes anti-seizure medication with the dosage and frequency 
remaining the same since that time. His physician states that he is 
supportive of Mr. Hollister receiving an exemption.

Michael Merical

    Mr. Merical is a 27 year-old class A CDL holder in New York. He has 
a history of epilepsy and his last seizure was in 2006. He takes anti-
seizure medication with the dosage and frequency remaining the same 
since that time. His physician states that he is supportive of Mr. 
Merical receiving an exemption.

Elvin Paul Morgan

    Mr. Morgan is a 49 year-old class B CDL holder in California. He 
has a history of a seizure disorder and his last seizure was in 2000. 
He takes anti-seizure medication with the dosage and frequency 
remaining the same since that time. His physician states that he is 
supportive of Mr. Morgan receiving an exemption.

Clarence D. Jones

    Mr. Jones is a 74 year-old class A CDL holder in Virginia. He has a 
history of a seizure disorder and his last seizure was in 1996. He has 
been off of anti-seizure medication since that time. His physician 
states that he is supportive of Mr. Jones receiving an exemption.

III. Request for Comments

    In accordance with 49 U.S.C. 31136(e) and 31315, FMCSA requests 
public comment from all interested persons on the exemption petitions 
described in this notice. We will consider all comments received before 
the close of business on the closing date indicated in the dates 
section of the notice.

IV. Submitting Comments

    You may submit your comments and material online or by fax, mail, 
or hand delivery, but please use only one of these means. FMCSA 
recommends that you include your name and a mailing address, an email 
address, or a phone number in the body of your document so that FMCSA 
can contact you if there are questions regarding your submission.
    To submit your comment online, go to http://www.regulations.gov and 
in the search box insert the docket number ``FMCSA-2016-0313'' and 
click the search button. When the new screen appears, click on the blue 
``Comment Now!'' button on the right hand side of the page. On the new 
page, enter information required including the specific section of this 
document to which each comment applies, and provide a reason for each 
suggestion or recommendation. If you submit your comments by mail or 
hand delivery, submit them in an unbound format, no larger than 8\1/2\ 
by 11 inches, suitable for copying and electronic filing. If you submit 
comments by mail and would like to know that they reached the facility, 
please enclose a stamped, self-addressed postcard or envelope.
    We will consider all comments and materials received during the 
comment period. FMCSA may issue a final determination any time after 
the close of the comment period.

V. Viewing Comments and Documents

    To view comments, as well as any documents mentioned in this 
preamble, go to http://www.regulations.gov and in the search box insert 
the docket number FMCSA-2016-0313 and click ``Search.'' Next, click 
``Open Docket Folder'' and you will find all documents and comments 
related to this notice.

    Issued on: December 21, 2016.
Larry W. Minor,
 Associate Administrator for Policy.
[FR Doc. 2016-31544 Filed 12-28-16; 8:45 am]
 BILLING CODE 4910-EX-P

96190 Federal Register / Vol. 81, No. 250 / Thursday, December 29, 2016 / Notices

New Jersey Avenue SE., Washington, The eight individuals listed in this medication and seizure-free for 10 years,
DC, between 9 a.m. and 5 p.m. e.t., notice have requested an exemption may be qualified to operate a CMV in
Monday through Friday, except Federal from the epilepsy prohibition in 49 CFR interstate commerce. Interstate drivers
Holidays. 391.41(b)(8). Accordingly, the Agency who have had a single unprovoked
• Fax: 1–202–493–2251. will evaluate the qualifications of each seizure may be qualified to drive a CMV
Instructions: Each submission must applicant to determine whether granting in interstate commerce if seizure-free
include the Agency name and the the exemption will achieve the required and off anti-seizure medication for five
docket number(s) for this notice. Note level of safety mandated by statute. years or more.
that all comments received will be The physical qualification standard As a result of Medical Examiners
posted without change to http:// for drivers regarding epilepsy found in misinterpreting advisory criteria as
www.regulations.gov, including any 49 CFR 391.41(b)(8) states that a person regulation, numerous drivers have been
personal information provided. Please is physically qualified to drive a CMV prohibited from operating a CMV in
see the Privacy Act heading below for if that person: interstate commerce based on the fact
further information. Has no established medical history or that they have had one or more seizures
Docket: For access to the docket to clinical diagnosis of epilepsy or any other and are taking anti-seizure medication,
read background documents or condition which is likely to cause the loss of rather than an individual analysis of
comments, go to http:// consciousness or any loss of ability to control
a CMV.
their circumstances by a qualified
www.regulations.gov at any time or Medical Examiner based on the physical
Room W12–140 on the ground level of In addition to the regulations, FMCSA qualification standards and medical best
the West Building, 1200 New Jersey has published advisory criteria 1 to practices.
Avenue SE., Washington, DC, between 9 assist Medical Examiners in On January 15, 2013, in a Notice of
a.m. and 5 p.m., e.t., Monday through determining whether drivers with
Final Disposition entitled,
Friday, except Federal holidays. The certain medical conditions are qualified
‘‘Qualification of Drivers; Exemption
FDMS is available 24 hours each day, to operate a CMV in interstate
Applications; Epilepsy and Seizure
365 days each year. If you want commerce. [49 CFR part 391,
Disorders,’’ (78 FR 3069), FMCSA
acknowledgment that we received your APPENDIX A TO PART 391—MEDICAL
announced its decision to grant requests
comments, please include a self- ADVISORY CRITERIA, section H.
from 22 individuals for exemptions
addressed, stamped envelope or Epilepsy: § 391.41(b)(8), paragraphs 3, 4,
from the regulatory requirement that
postcard or print the acknowledgement and 5.]
The advisory criteria state the interstate CMV drivers have ‘‘no
page that appears after submitting
following: established medical history or clinical
comments online.
If an individual has had a sudden diagnosis of epilepsy or any other
Privacy Act: In accordance with 5
episode of a non-epileptic seizure or condition which is likely to cause loss
U.S.C. 553(c), DOT solicits comments
loss of consciousness of unknown cause of consciousness or any loss of ability to
from the public to better inform its
that did not require anti-seizure control a CMV.’’ Since the January 15,
rulemaking process. DOT posts these
medication, the decision whether that 2013 notice, the Agency has published
comments, without edit, including any
person’s condition is likely to cause the additional notices granting requests
personal information the commenter
loss of consciousness or loss of ability from individuals for exemptions from
provides, to http://www.regulations.gov
to control a CMV should be made on an the regulatory requirement regarding
as described in the system records
individual basis by the Medical epilepsy found in 49 CFR 391.41(b)(8).
notice (DOT/ALL–14 FDMS), which can
be reviewed at http://www.dot.gov/ Examiner in consultation with the To be considered for an exemption
privacy. treating physician. Prior to considering from the epilepsy prohibition in 49 CFR
certification, it is suggested there be a 391.41(b)(8), applicants must meet the
FOR FURTHER INFORMATION CONTACT: Ms. six-month waiting period from the time criteria in the 2007 recommendations of
Christine A. Hydock, Chief, Medical of the episode. Following the waiting the Agency’s Medical Expert Panel
Programs Division, (202) 366–4001, period, it is suggested that the (MEP) (78 FR 3069).
fmcsamedical@dot.gov, FMCSA, individual undergo a complete
Department of Transportation, 1200 II. Qualifications of Applicants
neurological examination. If the results
New Jersey Avenue SE., Room W64– of the examination are negative and James Connelly
224, Washington, DC 20590–0001. anti-seizure medication is not required,
Office hours are 8:30 a.m. to 5 p.m., e.t., the driver may be qualified. Mr. Connelly is a 62 year-old class B
Monday through Friday, except Federal In those individual cases where a CDL holder in New Jersey. He has a
holidays. If you have questions driver had a seizure or an episode of history of a seizure disorder and his last
regarding viewing or submitting loss of consciousness that resulted from seizure was in 2000. He takes anti-
material to the docket, contact Docket a known medical condition (e.g., drug seizure medication with the dosage and
Services, telephone (202) 366–9826. reaction, high temperature, acute frequency remaining the same since that
SUPPLEMENTARY INFORMATION: infectious disease, dehydration, or acute time. His physician states that he is
metabolic disturbance), certification supportive of Mr. Connelly receiving an
I. Background exemption.
should be deferred until the driver has
Under 49 U.S.C. 31136(e) and 31315, recovered fully from that condition, has Ricky Leon Conway Jr.
FMCSA may grant an exemption from
asabaliauskas on DSK3SPTVN1PROD with NOTICES

no existing residual complications, and
the FMCSRs for a two-year period if it is not taking anti-seizure medication. Mr. Conway is a 42 year-old driver in
finds ‘‘such exemption would likely Drivers who have a history of Missouri. He has a history of a seizure
achieve a level of safety that is epilepsy/seizures, off anti-seizure disorder and his last seizure was in
equivalent to or greater than the level 2000. He takes anti-seizure medication
that would be achieved absent such 1 See http://www.ecfr.gov/cgi-bin/text-idx?SID=
with the dosage and frequency
exemption.’’ The statute also allows the e47b48a9ea42dd67d999246e23d97970&mc=true& remaining the same since that time. His
node=pt49.5.391&rgn=div5#ap49.5.391_171.a and
Agency to renew exemptions at the end https://www.gpo.gov/fdsys/pkg/CFR-2015-title49- physician states that he is supportive of
of the two-year period. vol5/pdf/CFR-2015-title49-vol5-part391-appA.pdf. Mr. Conway receiving an exemption.

VerDate Sep<11>2014 18:41 Dec 28, 2016 Jkt 241001 PO 00000 Frm 00235 Fmt 4703 Sfmt 4703 E:\FR\FM\29DEN1.SGM 29DEN1

Document Created: 2016-12-29 01:59:16
Document Modified: 2016-12-29 01:59:16

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 applications for exemption; request for comments.
Dates		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 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 96189

81 FR 96189 - 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