82 FR 13184 - Qualification of Drivers; Exemption Applications; Epilepsy and Seizure Disorders

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration

Federal Register Volume 82, Issue 45 (March 9, 2017)

Page Range		13184-13185
FR Document		2017-04679

FMCSA announces its decision to renew the exemption of one individual 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.'' This exemption enables this individual who has had one or more seizures and is taking anti-seizure medication to continue to operate CMVs in interstate commerce.

Federal Register, Volume 82 Issue 45 (Thursday, March 9, 2017)

[Federal Register Volume 82, Number 45 (Thursday, March 9, 2017)]
[Notices]
[Pages 13184-13185]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-04679]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2013-0107]


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 the exemption of one 
individual 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.'' This exemption 
enables this individual who has had one or more seizures and is taking 
anti-seizure medication to continue to operate CMVs in interstate 
commerce.

DATES: The exemption is effective on January 12, 2016. The exemption 
will expire on January 12, 2018. Comments must be received on or before 
April 10, 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-2013-0107 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., 
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

[[Page 13185]]

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 individual listed in this notice has requested renewal of his 
exemption from the Epilepsy and Seizure Disorders prohibition in 49 CFR 
391.41(b)(8), in accordance with FMCSA procedures. Accordingly, FMCSA 
has evaluated the application for renewal on its merits and decided to 
extend the exemption for a renewable two-year period.

II. Request for Comments

    Interested parties or organizations possessing information that 
would otherwise show that this driver is 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, the 
applicant has satisfied the conditions for obtaining an exemption from 
the Epilepsy and Seizure Disorder requirements and were published in 
the Federal Register (78 FR 67449). 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 driver in this notice remains in good standing with the Agency, 
has maintained his medical monitoring and has not exhibited any medical 
issues that would compromise his ability to safely operate a CMV during 
the previous two-year exemption period. FMCSA has concluded that 
renewing the exemption for this applicant is likely to achieve a level 
of safety equal to that existing without the exemption. Therefore, 
FMCSA has decided to renew the exemption for a two-year period. In 
accordance with 49 U.S.C. 31136(e) and 31315, this driver has received 
a renewed exemption.
    As of January 12, 2016, Lyle Trimm (NJ) 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 (78 FR 67449).
    This driver was included in FMCSA-2013-0107. This exemption is 
effective on January 12, 2016, and will expire on January 12, 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 this exemption application, FMCSA 
renews the exemption of the aforementioned driver 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: February 28, 2017.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2017-04679 Filed 3-8-17; 8:45 am]
 BILLING CODE 4910-EX-P

13184 Federal Register / Vol. 82, No. 45 / Thursday, March 9, 2017 / Notices

Justin J. Day (SD) Ross W. Petermann (MN) individual from the requirement in the
Charles G. Denegal (WA) Randall J. Tatum (MA) Federal Motor Carrier Safety
Wayne H. Dirks (WA) Curtis J. Young (FL) Regulations (FMCSRs) that interstate
Charles G. Elliott (IN) The drivers were included in docket commercial motor vehicle (CMV)
Joseph S. Farrow (MN) No. FMCSA–2012–0108. Their drivers have ‘‘no established medical
James R. Fiecke (ND) exemptions are effective as of July 26, history or clinical diagnosis of epilepsy
Eric C. Gambill (OH) 2016, and will expire on July 26, 2018. or any other condition which is likely
Mark P. Gerrits (WI) As of July 27, 2016, and in accordance to cause loss of consciousness or any
Michael Gilon (NH) with 49 U.S.C. 31136(e) and 31315, the loss of ability to control a CMV.’’ This
Chance A. Gooch (GA) following 12 individuals have satisfied exemption enables this individual who
Robert L. Harris (IN) the renewal conditions for obtaining an has had one or more seizures and is
Darrell S. Haynes (PA) exemption from the rule prohibiting taking anti-seizure medication to
Joseph D. Helget (OR) drivers with ITDM from driving CMVs continue to operate CMVs in interstate
Charles D. Henderson (NY) in interstate commerce (75 FR 34206; 75 commerce.
Marvin S. Howard (OH) FR 44049): DATES: The exemption is effective on
Eric A. Knox (KY) Clinton R. Carlson II (RI) January 12, 2016. The exemption will
Erik M. Lindquist (WA) Brandon L. Cheek (NC) expire on January 12, 2018. Comments
Thomas K. Linkel (IN) Richard A. Dufton, Jr. (NH) must be received on or before April 10,
Christine I. Llewellyn (IL) Kenneth Dunn (IN) 2017.
Ryan A. Malandrone (WI) Robert J. Dyxin (IL)
Michael H. Hayden (NY) FOR FURTHER INFORMATION CONTACT: Ms.
Thomas J. Manning (MN)
John T. Jones (OK) Christine A. Hydock, Chief, Medical
Steve A. Meharry (WA)
Blake A.S. Keeten (NE) Programs Division, 202–366–4001,
Robert A. Miller Jr. (WV)
Randall L. Koegel (NY) fmcsamedical@dot.gov, FMCSA,
Ben G. Moore (IL)
Worden T. Price (NC) Department of Transportation, 1200
Chad M. Morris (NY)
Gary L. Sager (IL) New Jersey Avenue SE., Room W64–
Paul C. Mortenson (WI) Darrel D. Schroeder (KS) 224, Washington, DC 20590–0001.
William D. Murray (AL)
The drivers were included in docket Office hours are from 8:30 a.m. to 5
Jacob D. Nafziger (OH)
No: FMCSA–2010–0138. Their p.m., e.t., Monday through Friday,
Edward T. Nauer (VA)
exemptions are effective as of July 27, except Federal holidays. If you have
Keith W. Nichols (TX)
2016, and will expire on July 27, 2018. questions regarding viewing or
Colin R. Parmelee (IN)
In accordance with 49 U.S.C. 31315, submitting material to the docket,
Matthew P. Sczpanski (OH)
each exemption will be valid for two contact Docket Services, telephone (202)
Anthony S. Sobreiro (NJ)
years from the effective date unless 366–9826.
Colby E. Starner (PA)
revoked earlier by FMCSA. The ADDRESSES: You may submit comments
Daniel E. Stephens (NY)
exemption will be revoked if the bearing the Federal Docket Management
Bartholomew Taliaferro (PA)
following occurs: (1) The person fails to System (FDMS) Docket No. FMCSA–
Johnathan D. Truitt (IL)
comply with the terms and conditions 2013–0107 using any of the following
Rylan P. Wheeler (IL)
of the exemption; (2) the exemption has methods:
Gordon J. White (MO)
Kelly L. Whitley (NC)
resulted in a lower level of safety than • Federal eRulemaking Portal: Go to
was maintained prior to being granted; http://www.regulations.gov. Follow the
Jerry R. Williams (GA)
or (3) continuation of the exemption online instructions for submitting
Charles L. Wojton (PA)
would not be consistent with the goals comments.
Michelle L. York (WA)
Steven L. Zimmer (OH)
and objectives of 49 U.S.C. 31136 and • Mail: Docket Management Facility;
31315. U.S. Department of Transportation, 1200
The drivers were included in docket New Jersey Avenue SE., West Building
No: FMCSA–2014–0017. Their Issued on: March 1, 2017.
Larry W. Minor, Ground Floor, Room W12–140,
exemptions are effective as of July 25, Washington, DC 20590–0001.
2016, and will expire on July 25, 2018. Associate Administrator for Policy.
• Hand Delivery: West Building
As of July 26, 2016, and in accordance [FR Doc. 2017–04687 Filed 3–8–17; 8:45 am]
Ground Floor, Room W12–140, 1200
with 49 U.S.C. 31136(e) and 31315, the BILLING CODE 4910–EX–P
New Jersey Avenue SE., Washington,
following 15 individuals have satisfied DC, between 9 a.m. and 5 p.m., e.t.,
the renewal conditions for obtaining an Monday through Friday, except Federal
exemption from the rule prohibiting DEPARTMENT OF TRANSPORTATION
Holidays.
drivers with ITDM from driving CMVs • Fax: 1–202–493–2251.
in interstate commerce (77 FR 33551; 77 Federal Motor Carrier Safety
Administration Instructions: Each submission must
FR 43901): include the Agency name and the
Larry J. Anderson (MN) [Docket No. FMCSA–2013–0107] docket number(s) for this notice. Note
Wade D. Calvin (WA) that all comments received will be
Carl A. Candelaria (NM) Qualification of Drivers; Exemption posted without change to http://
Owen R. Dossett (AL) Applications; Epilepsy and Seizure www.regulations.gov, including any
asabaliauskas on DSK3SPTVN1PROD with NOTICES

Jennifer A. Ferguson (SC) Disorders personal information provided. Please
Michael E. Fritz (NV) AGENCY: Federal Motor Carrier Safety see the Privacy Act heading below for
Lee A. Haerterich (WI) Administration (FMCSA), DOT. further information.
Eric W. Holland (CO) ACTION: Notice of renewal of Docket: For access to the docket to
Richard P. Holmen (MN) exemptions; request for comments. read background documents or
Edward Jones (GA) comments, go to http://
Paul A. Lacina (ND) SUMMARY: FMCSA announces its www.regulations.gov at any time or
Bradley J. Moore (MO) decision to renew the exemption of one Room W12–140 on the ground level of

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Federal Register / Vol. 82, No. 45 / Thursday, March 9, 2017 / Notices 13185

the West Building, 1200 New Jersey safety should immediately notify two-year exemption period; (2) each
Avenue SE., Washington, DC, between 9 FMCSA. The Agency will evaluate any driver must submit annual reports from
a.m. and 5 p.m., e.t., Monday through adverse evidence submitted and, if their treating physicians attesting to the
Friday, except Federal holidays. The safety is being compromised or if stability of treatment and that the driver
FDMS is available 24 hours each day, continuation of the exemption would has remained seizure-free; (3) each
365 days each year. If you want not be consistent with the goals and driver must undergo an annual medical
acknowledgment that we received your objectives of 49 U.S.C. 31136(e) and examination by a certified Medical
comments, please include a self- 31315, FMCSA will take immediate Examiner, as defined by 49 CFR 390.5;
addressed, stamped envelope or steps to revoke the exemption of a and (4) each driver must provide a copy
postcard or print the acknowledgement driver. of the annual medical certification to
page that appears after submitting the employer for retention in the
III. Basis for Renewing Exemptions
comments online. driver’s qualification file, or keep a copy
Privacy Act: In accordance with 5 Under 49 U.S.C. 31315(b)(1), an of his/her driver’s qualification file if
U.S.C. 553(c), DOT solicits comments exemption may be granted for no longer he/she is self-employed. The driver
from the public to better inform its than two years from its approval date must also have a copy of the exemption
rulemaking process. DOT posts these and may be renewed upon application. when driving, for presentation to a duly
comments, without edit, including any In accordance with 49 U.S.C. 31136(e) authorized Federal, State, or local
personal information the commenter and 31315, the applicant has satisfied enforcement official. The exemption
provides, to http://www.regulations.gov, the conditions for obtaining an will be rescinded if: (1) The person fails
as described in the system of records exemption from the Epilepsy and to comply with the terms and
notice (DOT/ALL–14 FDMS), which can Seizure Disorder requirements and were conditions of the exemption; (2) the
be reviewed at http://www.dot.gov/ published in the Federal Register (78 exemption has resulted in a lower level
privacy. FR 67449). In addition, for Commercial of safety than was maintained before it
Driver’s License (CDL) holders, the was granted; or (3) continuation of the
I. Background Commercial Driver’s License exemption would not be consistent with
Under 49 U.S.C. 31136(e) and 31315, information System (CDLIS) and the the goals and objectives of 49 U.S.C.
FMCSA may grant an exemption for two Motor Carrier Management Information 31136(e) and 31315.
years if it finds ‘‘such exemption would System (MCMIS) are searched for crash
likely achieve a level of safety that is and violation data. For non-CDL V. Preemption
equivalent to or greater than the level holders, the Agency reviews the driving During the period the exemption is in
that would be achieved absent such records from the State Driver’s effect, no State shall enforce any law or
exemption.’’ The statute also allows the Licensing Agency (SDLA). These factors regulation that conflicts with this
Agency to renew exemptions at the end provide an adequate basis for predicting exemption with respect to a person
of the two-year period. each driver’s ability to continue to operating under the exemption.
The physical qualification standard safely operate a CMV in interstate
for drivers regarding epilepsy found in VI. Conclusion
commerce.
49 CFR 391.41(b)(8) states that a person The driver in this notice remains in Based upon its evaluation of this
is physically qualified to drive a CMV good standing with the Agency, has exemption application, FMCSA renews
if that person: maintained his medical monitoring and the exemption of the aforementioned
Has no established medical history or has not exhibited any medical issues driver from the Epilepsy and Seizure
clinical diagnosis of epilepsy or any other that would compromise his ability to Disorders requirement in 49 CFR 391.41
condition which is likely to cause the loss of safely operate a CMV during the (b)(8). In accordance with 49 U.S.C.
consciousness or any loss of ability to control previous two-year exemption period. 31136(e) and 31315, each exemption
a CMV. FMCSA has concluded that renewing will be valid for two years unless
In addition to the regulations, FMCSA the exemption for this applicant is revoked earlier by FMCSA.
has published advisory criteria to assist likely to achieve a level of safety equal Issued on: February 28, 2017.
Medical Examiners in determining to that existing without the exemption. Larry W. Minor,
whether drivers with certain medical Therefore, FMCSA has decided to renew Associate Administrator for Policy.
conditions are qualified to operate a the exemption for a two-year period. In
[FR Doc. 2017–04679 Filed 3–8–17; 8:45 am]
CMV in interstate commerce. [49 CFR accordance with 49 U.S.C. 31136(e) and
BILLING CODE 4910–EX–P
part 391, APPENDIX A TO PART 391— 31315, this driver has received a
MEDICAL ADVISORY CRITERIA, renewed exemption.
section H. Epilepsy: § 391.41(b)(8), As of January 12, 2016, Lyle Trimm
DEPARTMENT OF TRANSPORTATION
paragraphs 3, 4, and 5.] (NJ) has satisfied the renewal conditions
The individual listed in this notice for obtaining an exemption from the Federal Motor Carrier Safety
has requested renewal of his exemption Epilepsy and Seizure Disorders Administration
from the Epilepsy and Seizure Disorders prohibition in 49 CFR 391.41(b)(8), from
prohibition in 49 CFR 391.41(b)(8), in driving CMVs in interstate commerce [FMCSA Docket No. FMCSA–2016–0008]
accordance with FMCSA procedures. (78 FR 67449).
Qualification of Drivers; Exemption
Accordingly, FMCSA has evaluated the This driver was included in FMCSA–
Applications; Epilepsy and Seizure
asabaliauskas on DSK3SPTVN1PROD with NOTICES

application for renewal on its merits 2013–0107. This exemption is effective
Disorders
and decided to extend the exemption for on January 12, 2016, and will expire on
a renewable two-year period. January 12, 2018. AGENCY: Federal Motor Carrier Safety
II. Request for Comments IV. Conditions and Requirements Administration (FMCSA), DOT.
ACTION: Notice of final disposition.
Interested parties or organizations The exemptions are extended subject
possessing information that would to the following conditions: (1) Each SUMMARY: FMCSA announces its
otherwise show that this driver is not driver must remain seizure-free and decision to exempt nine individuals
currently achieving the statutory level of maintain a stable treatment during the from the requirement in the Federal

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Document Created: 2017-03-09 04:59:05
Document Modified: 2017-03-09 04:59:05

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 exemption is effective on January 12, 2016. The exemption will expire on January 12, 2018. Comments must be received on or before April 10, 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		82 FR 13184

82 FR 13184 - Qualification of Drivers; Exemption Applications; Epilepsy and Seizure Disorders

DEPARTMENT OF TRANSPORTATIONFederal Motor Carrier Safety Administration

Federal Register Volume 82, Issue 45 (March 9, 2017)

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration