82 FR 36072 - Qualification of Drivers; Exemption Applications; Epilepsy and Seizure Disorders

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration

Federal Register Volume 82, Issue 147 (August 2, 2017)

Page Range		36072-36074
FR Document		2017-16244

FMCSA announces receipt of applications from four 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 82 Issue 147 (Wednesday, August 2, 2017)

[Federal Register Volume 82, Number 147 (Wednesday, August 2, 2017)]
[Notices]
[Pages 36072-36074]
From the Federal Register Online [www.thefederalregister.org]
[FR Doc No: 2017-16244]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2017-0180]

Qualification of Drivers; Exemption Applications; Epilepsy and
Seizure Disorders

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

[[Page 36073]]

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

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SUMMARY: FMCSA announces receipt of applications from four 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 September 1, 2017.

ADDRESSES: You may submit comments bearing the Federal Docket
Management System (FDMS) Docket No. FMCSA-2017-0180 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 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.

FOR FURTHER INFORMATION CONTACT: Ms. Christine A. Hydock, Chief,
Medical Programs Division, (202) 366-4001, fmcsamedical@dot.gov, 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 four 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 states 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. Before
certification is considered, it is suggested that a six-month waiting
period elapse from the time of the episode. Following the waiting
period, it is suggested that the individual have a complete
neurological examination. If the results of the examination are
negative and anti-seizure medication is not required, then 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 with a history of a
single unprovoked seizure may be qualified to drive a CMV in interstate
commerce if seizure-free and off anti-seizure medication for a five-
year period 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, FMCSA announced in a Notice of Final
Disposition titled, Qualification of Drivers; Exemption Applications;
Epilepsy and Seizure Disorders, (78 FR 3069), 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

[[Page 36074]]

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

Shane A. Brackett

Mr. Brackett, 43, has a diagnosis of seizure disorder and been
seizure-free since 1999. He is compliant with taking his anti-seizure
medication. His physician states that he is supportive of Mr. Brackett
receiving an exemption

Peter Connors

Mr. Connors, 25, has a diagnosis of seizure disorder and been
seizure-free since 2009. He is compliant with taking his anti-seizure
medication. His physician states that he is supportive of Mr. Connors
receiving an exemption.

Brian D. Krise

Mr. Krise, 43, has a diagnosis of seizure disorder and been
seizure-free since approximately 2002. He is compliant with taking his
anti-seizure medication. His physician states that he is supportive of
Mr. Krise receiving an exemption.

Daniel Maben

Mr. Maben, 49, has a history of head trauma in 1998 and two
subsequent seizures. He has been seizure-free since 2002. He is
compliant with taking anti-seizure medication. His physician states
that he is supportive of Mr. Maben 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.

V. 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-2017-0180 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 at 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-2017-0180 and click ``Search.'' Next, click
``Open Docket Folder'' and you will find all documents and comments
related to this notice.

Issued on: July 20, 2017.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2017-16244 Filed 8-1-17; 8:45 am]
BILLING CODE 4910-EX-P

Federal Register / Vol. 82, No. 147 / Wednesday, August 2, 2017 / Notices 36073

ACTION:Notice of applications for from the public to better inform its Epilepsy: § 391.41(b)(8), paragraphs 3, 4,
exemption; request for comments. rulemaking process. DOT posts these and 5.]
comments, without edit, including any The advisory criteria states the
SUMMARY: FMCSA announces receipt of personal information the commenter following:
applications from four individuals for provides, to http://www.regulations.gov, If an individual has had a sudden
an exemption from the prohibition in as described in the system of records episode of a non-epileptic seizure or
the Federal Motor Carrier Safety notice (DOT/ALL–14 FDMS), which can loss of consciousness of unknown cause
Regulations (FMCSRs) against persons be reviewed at http://www.dot.gov/ that did not require anti-seizure
with a clinical diagnosis of epilepsy or privacy. medication, the decision whether that
any other condition that is likely to person’s condition is likely to cause the
cause a loss of consciousness or any loss FOR FURTHER INFORMATION CONTACT: Ms.
loss of consciousness or loss of ability
of ability to control a commercial motor Christine A. Hydock, Chief, Medical to control a CMV should be made on an
vehicle (CMV) to drive in interstate Programs Division, (202) 366–4001, individual basis by the Medical
commerce. If granted, the exemptions fmcsamedical@dot.gov, FMCSA, Examiner in consultation with the
would enable these individuals who Department of Transportation, 1200 treating physician. Before certification is
have had one or more seizures and are New Jersey Avenue SE., Room W64– considered, it is suggested that a six-
taking anti-seizure medication to 224, Washington, DC 20590–0001. month waiting period elapse from the
operate CMVs in interstate commerce. Office hours are 8:30 a.m. to 5 p.m., e.t., time of the episode. Following the
DATES: Comments must be received on Monday through Friday, except Federal waiting period, it is suggested that the
or before September 1, 2017. holidays. If you have questions individual have a complete neurological
ADDRESSES: You may submit comments
regarding viewing or submitting examination. If the results of the
bearing the Federal Docket Management material to the docket, contact Docket examination are negative and anti-
System (FDMS) Docket No. FMCSA– Services, telephone (202) 366–9826. seizure medication is not required, then
2017–0180 using any of the following SUPPLEMENTARY INFORMATION: the driver may be qualified.
methods: I. Background In those individual cases where a
• Federal eRulemaking Portal: Go to driver had a seizure or an episode of
http://www.regulations.gov. Follow the Under 49 U.S.C. 31136(e) and 31315, loss of consciousness that resulted from
online instructions for submitting FMCSA may grant an exemption from a known medical condition (e.g., drug
comments. the FMCSRs for a two-year period if it reaction, high temperature, acute
• Mail: Docket Management Facility; finds ‘‘such exemption would likely infectious disease, dehydration, or acute
U.S. Department of Transportation, 1200 achieve a level of safety that is metabolic disturbance), certification
New Jersey Avenue SE., West Building equivalent to or greater than the level should be deferred until the driver has
Ground Floor, Room W12–140, that would be achieved absent such recovered fully from that condition, has
Washington, DC 20590–0001. exemption.’’ The statute also allows the no existing residual complications, and
• Hand Delivery: West Building Agency to renew exemptions at the end is not taking anti-seizure medication.
Ground Floor, Room W12–140, 1200 of the two-year period. Drivers who have a history of
New Jersey Avenue SE., Washington, The four individuals listed in this epilepsy/seizures, off anti-seizure
DC, between 9 a.m. and 5 p.m., e.t., notice have requested an exemption medication and seizure-free for 10 years,
Monday through Friday, except Federal from the epilepsy prohibition in 49 CFR may be qualified to operate a CMV in
holidays. 391.41(b)(8). Accordingly, the Agency interstate commerce. Interstate drivers
• Fax: 1–202–493–2251. will evaluate the qualifications of each with a history of a single unprovoked
Instructions: Each submission must applicant to determine whether granting seizure may be qualified to drive a CMV
include the Agency name and the the exemption will achieve the required in interstate commerce if seizure-free
docket number(s) for this notice. Note level of safety mandated by statute. and off anti-seizure medication for a
that all comments received will be The physical qualification standard five-year period or more.
posted without change to http:// for drivers regarding epilepsy found in As a result of Medical Examiners
www.regulations.gov, including any 49 CFR 391.41(b)(8) states that a person misinterpreting advisory criteria as
personal information provided. Please is physically qualified to drive a CMV regulation, numerous drivers have been
see the Privacy Act heading below for if that person: prohibited from operating a CMV in
further information. Has no established medical history or interstate commerce based on the fact
Docket: For access to the docket to clinical diagnosis of epilepsy or any other that they have had one or more seizures
read background documents or condition which is likely to cause the loss of and are taking anti-seizure medication,
comments, go to http:// consciousness or any loss of ability to control rather than an individual analysis of
www.regulations.gov at any time or a CMV. their circumstances by a qualified
Room W12–140 on the ground level of In addition to the regulations, FMCSA Medical Examiner based on the physical
the West Building, 1200 New Jersey has published advisory criteria 1 to qualification standards and medical best
Avenue SE., Washington, DC, between 9 assist Medical Examiners in practices.
a.m. and 5 p.m., e.t., Monday through determining whether drivers with On January 15, 2013, FMCSA
Friday, except Federal holidays. The certain medical conditions are qualified announced in a Notice of Final
FDMS is available 24 hours each day, to operate a CMV in interstate Disposition titled, Qualification of
365 days each year. If you want commerce. [49 CFR part 391, Drivers; Exemption Applications;
Epilepsy and Seizure Disorders, (78 FR
sradovich on DSKBCFCHB2PROD with NOTICES

acknowledgment that we received your APPENDIX A TO PART 391—MEDICAL
comments, please include a self- ADVISORY CRITERIA, section H. 3069), its decision to grant requests from
addressed, stamped envelope or 22 individuals for exemptions from the
postcard or print the acknowledgement 1 See http://www.ecfr.gov/cgi-bin/text-idx?SID= regulatory requirement that interstate
page that appears after submitting e47b48a9ea42dd67d999246e23d97970&mc= CMV drivers have ‘‘no established
true&node=pt49.5.391&rgn=div5#ap49.5.391_171.a
comments online. and https://www.gpo.gov/fdsys/pkg/CFR-2015-
medical history or clinical diagnosis of
Privacy Act: In accordance with 5 title49-vol5/pdf/CFR-2015-title49-vol5-part391- epilepsy or any other condition which
U.S.C. 553(c), DOT solicits comments appA.pdf. is likely to cause loss of consciousness

VerDate Sep<11>2014 19:43 Aug 01, 2017 Jkt 241001 PO 00000 Frm 00148 Fmt 4703 Sfmt 4703 E:\FR\FM\02AUN1.SGM 02AUN1

Document Created: 2017-08-02 07:09:28
Document Modified: 2017-08-02 07:09:28

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 September 1, 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		82 FR 36072

82 FR 36072 - Qualification of Drivers; Exemption Applications; Epilepsy and Seizure Disorders

DEPARTMENT OF TRANSPORTATIONFederal Motor Carrier Safety Administration

Federal Register Volume 82, Issue 147 (August 2, 2017)

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration