82 FR 24432 - Qualification of Drivers; Exemption Applications; Epilepsy and Seizure Disorders

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration

Federal Register Volume 82, Issue 101 (May 26, 2017)

Page Range		24432-24433
FR Document		2017-10770

FMCSA announces its decision to exempt 20 individuals from the requirement in the Federal Motor Carrier Safety Regulations (FMCSRs) that interstate commercial motor vehicle (CMV) drivers have ``no established medical history or clinical diagnosis of epilepsy or any other condition which is likely to cause loss of consciousness or any loss of ability to control a CMV.'' The exemptions enable these individuals who have had one or more seizures and are taking anti- seizure medication to operate CMVs in interstate commerce.

Federal Register, Volume 82 Issue 101 (Friday, May 26, 2017)

[Federal Register Volume 82, Number 101 (Friday, May 26, 2017)]
[Notices]
[Pages 24432-24433]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-10770]


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

DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[FMCSA Docket No. FMCSA-2015-0323]


Qualification of Drivers; Exemption Applications; Epilepsy and 
Seizure Disorders

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

ACTION: Notice of final disposition.

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

SUMMARY: FMCSA announces its decision to exempt 20 individuals from the 
requirement in the Federal Motor Carrier Safety Regulations (FMCSRs) 
that interstate commercial motor vehicle (CMV) drivers have ``no 
established medical history or clinical diagnosis of epilepsy or any 
other condition which is likely to cause loss of consciousness or any 
loss of ability to control a CMV.'' The exemptions enable these 
individuals who have had one or more seizures and are taking anti-
seizure medication to operate CMVs in interstate commerce.

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

FOR FURTHER INFORMATION CONTACT: Ms. Christine A. Hydock, Chief, 
Medical Programs Division, (202) 366-4001, [email protected], FMCSA, 
Department of Transportation, 1200 New Jersey Avenue SE., Room W64-224, 
Washington, DC 20590-0001. Office hours are from 8:30 a.m. to 5 p.m., 
e.t., Monday through Friday, except Federal holidays. If you have 
questions regarding viewing or submitting material to the docket, 
contact Docket Services, telephone (202) 366-9826.

SUPPLEMENTARY INFORMATION: 

I. Electronic Access

    You may see all the comments online through the Federal Document 
Management System (FDMS) at: http://www.regulations.gov.
    Docket: For access to the docket to read background documents or 
comments, go to http://www.regulations.gov and/or Room W12-140 on the 
ground level of the West Building, 1200 New Jersey Avenue SE., 
Washington, DC, between 9 a.m. and 5 p.m., e.t., Monday through Friday, 
except Federal holidays.
    Privacy Act: In accordance with 5 U.S.C. 553(c), DOT solicits 
comments from the public to better inform its rulemaking process. DOT 
posts these comments, without edit, including any personal information 
the commenter provides, to http://www.regulations.gov, as described in 
the system of records notice (DOT/ALL-14 FDMS), which can be reviewed 
at http://www.dot.gov/privacy.

II. Background

    On August 4, 2016, FMCSA published a notice announcing receipt of 
applications from 21 individuals requesting an exemption from the 
epilepsy prohibition in 49 CFR 391.41(b)(8) and requested comments from 
the public (81 FR 51538). The public comment period ended on September 
6, 2016, and no comments were received.
    FMCSA has evaluated the eligibility of these applicants and 
determined that granting exemptions to 20 of these 21 individuals would 
achieve a level of safety equivalent to or greater than the level that 
would be achieved by complying with the current regulation 49 CFR 
391.41(b)(8). FMCSA deemed that Sean Nesbitt (NY) does not operate in 
interstate commerce, and therefore does not meet the criteria to 
receive the exemption.
    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.]
---------------------------------------------------------------------------

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

III. Discussion of Comments

    FMCSA receive no comments in this proceeding

Basis for Exemption Determination

    Under 49 U.S.C. 31136(e) and 31315(b), FMCSA may grant an exemption 
from the epilepsy/seizure standard in 49 CFR 391.41(b)(8) if the 
exemption is likely to achieve an equivalent or greater level of safety 
than would be achieved without the exemption. The exemption allows the 
applicants to operate CMVs in interstate commerce.
    In reaching the decision to grant these exemption requests, FMCSA 
considered the 2007 recommendations of the Agency's Medical Expert 
Panel (MEP). The January 15, 2013, Federal Register notice (78 FR 3069) 
provides the current MEP recommendations which is the criteria the 
Agency uses to grant seizure exemptions.
    The Agency's decision regarding these exemption applications is 
based on an individualized assessment of each applicant's medical 
information, including the root cause of the respective seizure(s) and 
medical information about the applicant's seizure history, the length 
of time that has elapsed since the individual's last seizure, the 
stability of each individual's treatment regimen and the duration of 
time on or off of anti-seizure medication. In addition, the Agency 
reviewed the treating clinician's medical opinion related to the 
ability of

[[Page 24433]]

the driver to safely operate a CMV with a history of seizure and each 
applicant's driving record found in the Commercial Driver's License 
Information System (CDLIS) for commercial driver's license (CDL) 
holders, and interstate and intrastate inspections recorded in the 
Motor Carrier Management Information System (MCMIS). For non-CDL 
holders, the Agency reviewed the driving records from the State 
Driver's Licensing Agency (SDLA).
    These 20 applicants have been seizure-free over a range of 8 to 34 
years while taking anti-seizure medication and maintained a stable 
medication treatment regimen for the last two years. In each case, the 
applicant's treating physician verified his or her seizure history and 
supports the ability to drive commercially.
    A summary of each applicant's seizure history was discussed in the 
August 4, 2016 (81 FR 51538) Federal Register notice and will not be 
repeated in this notice.
    The Agency acknowledges the potential consequences of a driver 
experiencing a seizure while operating a CMV. However, the Agency 
believes the drivers granted this exemption have demonstrated that they 
are unlikely to have a seizure and their medical condition does not 
pose a risk to public safety.
    Consequently, FMCSA finds that in each case exempting these 
applicants from the epilepsy/seizure standard in 49 CFR 391.41(b)(8) is 
likely to achieve a level of safety equal to that existing without the 
exemption.

IV. Conditions and Requirements

    The terms and conditions of the exemption are provided to the 
applicants in the exemption document and includes the following: (1) 
Each driver must remain seizure-free and maintain a stable treatment 
during the two-year exemption period; (2) each driver must submit 
annual reports from their treating physicians attesting to the 
stability of treatment and that the driver has remained seizure-free; 
(3) each driver must undergo an annual medical examination by a 
certified Medical Examiner, as defined by 49 CFR 390.5; and (4) each 
driver must provide a copy of the annual medical certification to the 
employer for retention in the driver's qualification file, or keep a 
copy of his/her driver's qualification file if he/she is self-employed. 
The driver must also have a copy of the exemption when driving, for 
presentation to a duly authorized Federal, State, or local enforcement 
official.

V. Preemption

    During the period the exemption is in effect, no State shall 
enforce any law or regulation that conflicts with this exemption with 
respect to a person operating under the exemption.

VI. Conclusion

    Based upon its evaluation of the 21 exemption applications, FMCSA 
exempts the following 20 drivers from the epilepsy/seizure standard, 49 
CFR 391.41(b)(8), subject to the requirements cited above:

Amoriello, Jason (WI)
Anderson, Mark (NC)
Bienstock, Jeffrey (AZ)
Bradford, Jeremy (AL)
Drion, Joseph (MD)
Elder, Kenneth (KY)
Farver, Steven (PA)
Foster, Richard (OK)
Green, Jeffrey (CA)
Harmon, Stephen (WV)
Horst, Donald (MD)
Hyster, Jordan (OH)
Koger, Christopher (PA)
Loney, Kyle (WA)
Mallory, Leigh (VT)
Rialson, Ashley (MN)
Sanabria, Gonzalin (FL)
Sica, David (CT)
Van DeMark, Raymond (NJ)
Youse, William (NC)

    In accordance with 49 U.S.C. 31315(b)(1), each exemption is valid 
for two years unless revoked earlier by FMCSA. The exemption will be 
revoked if the following occurs: (1) The individual fails to comply 
with the terms and conditions of the exemption; (2) the exemption has 
resulted in a lower level of safety than was maintained prior to being 
granted; or (3) continuation of the exemption would not be consistent 
with the goals and objectives of 49 U.S.C. 31136 and 31315.

    Issued on: May 18, 2017.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2017-10770 Filed 5-25-17; 8:45 am]
 BILLING CODE 4910-EX-P

Federal Register / Vol. 82, No. 101 / Friday, May 26, 2017 / Notices 24433

the driver to safely operate a CMV with V. Preemption SUMMARY: In accordance with the
a history of seizure and each applicant’s During the period the exemption is in Paperwork Reduction Act of 1995,
driving record found in the Commercial effect, no State shall enforce any law or FMCSA announces its plan to submit
Driver’s License Information System regulation that conflicts with this the Information Collection Request (ICR)
(CDLIS) for commercial driver’s license exemption with respect to a person described below to the Office of
(CDL) holders, and interstate and operating under the exemption. Management and Budget (OMB) for its
intrastate inspections recorded in the review and approval. The FMCSA
Motor Carrier Management Information VI. Conclusion requests approval to revise and extend
System (MCMIS). For non-CDL holders, Based upon its evaluation of the 21 an existing ICR titled, ‘‘Hazardous
the Agency reviewed the driving records exemption applications, FMCSA Materials Safety Permits.’’ This ICR
from the State Driver’s Licensing exempts the following 20 drivers from requires companies holding safety
Agency (SDLA). the epilepsy/seizure standard, 49 CFR permits to develop communications
These 20 applicants have been 391.41(b)(8), subject to the requirements plans that allow for the periodic
seizure-free over a range of 8 to 34 years cited above: tracking of the shipments. A record of
while taking anti-seizure medication Amoriello, Jason (WI) the communications that includes the
and maintained a stable medication Anderson, Mark (NC) time of the call and location of the
treatment regimen for the last two years. Bienstock, Jeffrey (AZ) shipment may be kept by either the
In each case, the applicant’s treating Bradford, Jeremy (AL) driver (e.g., recorded in the log book) or
physician verified his or her seizure Drion, Joseph (MD) the company. These records must be
Elder, Kenneth (KY) kept, either physically or electronically,
history and supports the ability to drive Farver, Steven (PA) for at least six months at the company’s
commercially. Foster, Richard (OK) principal place of business or readily
A summary of each applicant’s Green, Jeffrey (CA) available to the employees at the
seizure history was discussed in the Harmon, Stephen (WV) company’s principal place of business.
August 4, 2016 (81 FR 51538) Federal Horst, Donald (MD) FMCSA received no comments in
Register notice and will not be repeated Hyster, Jordan (OH)
Koger, Christopher (PA) response to the 60-day Federal Register
in this notice. Notice published on November 10,
Loney, Kyle (WA)
The Agency acknowledges the Mallory, Leigh (VT) 2016.
potential consequences of a driver Rialson, Ashley (MN) DATES: Please send your comments by
experiencing a seizure while operating a Sanabria, Gonzalin (FL) June 26, 2017. OMB must receive your
CMV. However, the Agency believes the Sica, David (CT) comments by this date in order to act on
drivers granted this exemption have Van DeMark, Raymond (NJ) the ICR.
demonstrated that they are unlikely to Youse, William (NC)
ADDRESSES: All comments should
have a seizure and their medical In accordance with 49 U.S.C. reference Federal Docket Management
condition does not pose a risk to public 31315(b)(1), each exemption is valid for System (FDMS) Docket Number
safety. two years unless revoked earlier by FMCSA–2016–0359. Interested persons
Consequently, FMCSA finds that in FMCSA. The exemption will be revoked are invited to submit written comments
each case exempting these applicants if the following occurs: (1) The on the proposed information collection
from the epilepsy/seizure standard in 49 individual fails to comply with the to the Office of Information and
CFR 391.41(b)(8) is likely to achieve a terms and conditions of the exemption; Regulatory Affairs, Office of
level of safety equal to that existing (2) the exemption has resulted in a Management and Budget. Comments
without the exemption. lower level of safety than was should be addressed to the attention of
maintained prior to being granted; or (3) the Desk Officer, Department of
IV. Conditions and Requirements continuation of the exemption would Transportation/Federal Motor Carrier
not be consistent with the goals and Safety Administration, and sent via
The terms and conditions of the objectives of 49 U.S.C. 31136 and 31315.
exemption are provided to the electronic mail to oira_submission@
applicants in the exemption document Issued on: May 18, 2017. omb.eop.gov, or faxed to (202) 395–
and includes the following: (1) Each Larry W. Minor, 6974, or mailed to the Office of
driver must remain seizure-free and Associate Administrator for Policy. Information and Regulatory Affairs,
maintain a stable treatment during the [FR Doc. 2017–10770 Filed 5–25–17; 8:45 am] Office of Management and Budget,
two-year exemption period; (2) each BILLING CODE 4910–EX–P Docket Library, Room 10102, 725 17th
driver must submit annual reports from Street NW., Washington, DC 20503.
their treating physicians attesting to the FOR FURTHER INFORMATION CONTACT: Mr.
stability of treatment and that the driver DEPARTMENT OF TRANSPORTATION Vincent Babich or Mr. Tyrone Gibbs,
has remained seizure-free; (3) each Office of Enforcement and Compliance,
driver must undergo an annual medical Federal Motor Carrier Safety Hazardous Materials Division,
examination by a certified Medical Administration Department of Transportation, FMCSA,
Examiner, as defined by 49 CFR 390.5; [Docket No. FMCSA–2016–0359] West Building 6th Floor, 1200 New
and (4) each driver must provide a copy Jersey Avenue SE., Washington, DC
of the annual medical certification to Agency Information Collection 20590. Telephone: 202–366–4871 or
the employer for retention in the Activities; Extension of a Currently- 202–366–1705; email vincent.babich@
driver’s qualification file, or keep a copy Approved Information Collection dot.gov or tyrone.gibbs@dot.gov. Office
of his/her driver’s qualification file if Request: Hazardous Materials Safety hours are from 9 a.m. to 5 p.m., Monday
he/she is self-employed. The driver Permits through Friday, except Federal
must also have a copy of the exemption Holidays.
FMCSA, DOT.
AGENCY:
when driving, for presentation to a duly SUPPLEMENTARY INFORMATION:
Notice and request for
ACTION:
authorized Federal, State, or local Title: Hazardous Materials Safety
comments.
enforcement official. Permits.

VerDate Sep<11>2014 19:14 May 25, 2017 Jkt 241001 PO 00000 Frm 00159 Fmt 4703 Sfmt 4703 E:\FR\FM\26MYN1.SGM 26MYN1

Document Created: 2017-05-26 02:24:44
Document Modified: 2017-05-26 02:24:44

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
Action		Notice of final disposition.
Dates		The exemptions were effective on September 9, 2016. The exemptions expire on September 9, 2018.
Contact		Ms. Christine A. Hydock, Chief, Medical Programs Division, (202) 366-4001, [email protected], FMCSA, Department of Transportation, 1200 New Jersey Avenue SE., Room W64-224, Washington, DC 20590-0001. Office hours are from 8:30 a.m. to 5 p.m., e.t., Monday through Friday, except Federal holidays. If you have questions regarding viewing or submitting material to the docket, contact Docket Services, telephone (202) 366-9826.
FR Citation		82 FR 24432

82 FR 24432 - Qualification of Drivers; Exemption Applications; Epilepsy and Seizure Disorders

DEPARTMENT OF TRANSPORTATIONFederal Motor Carrier Safety Administration

Federal Register Volume 82, Issue 101 (May 26, 2017)

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration