82 FR 3842 - Qualification of Drivers; Exemption Applications; Epilepsy and Seizure Disorders

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration

Federal Register Volume 82, Issue 8 (January 12, 2017)

Page Range		3842-3843
FR Document		2017-00518

FMCSA announces its decision to renew exemptions of 10 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 82 Issue 8 (Thursday, January 12, 2017)

[Federal Register Volume 82, Number 8 (Thursday, January 12, 2017)]
[Notices]
[Pages 3842-3843]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-00518]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2013-0109; FMCSA-2013-0444]


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 10 
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: Each group of renewed exemptions was effective on the dates 
stated in the discussions below and will expire on the dates stated in 
the discussions below. Comments must be received on or before February 
13, 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-2013-0109; FMCSA-2013-0444 
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., 
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., 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 10 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 10 applicants has satisfied the conditions for obtaining an 
exemption from the Epilepsy and Seizure Disorder requirements and was 
published in the Federal Register (79

[[Page 3843]]

FR 23054, 79 FR 73400). 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 10 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 June 9, 2016, David Crowe (VA) 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 (79 FR 23054). This driver was included in FMCSA-
2013-0109. The exemption was effective on June 9, 2016, and will expire 
on June 9, 2018.
    As of June 24, 2016, the following 9 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 (79 FR 73400):

    Travis Arend (VA)
    Heath Crowe (LA)
    Richard Degnan (AZ)
    Peter DellaRocco (PA)
    Domenick Panfie (NJ)
    Scott Reaves (TX)
    Milton Tatham (NV)
    Thomas Tincher (VA)
    Duane Troff (MN)

    These drivers were included in FMCSA-2013-0444. The exemptions were 
effective on June 24, 2016, and will expire on June 24, 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 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 10 exemption applications, FMCSA 
renews the exemptions of the aforementioned drivers 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: December 29, 2016.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2017-00518 Filed 1-11-17; 8:45 am]
 BILLING CODE 4910-EX-P

3842 Federal Register / Vol. 82, No. 8 / Thursday, January 12, 2017 / Notices

socioeconomics, environmental justice, 224, Washington, DC 20590–0001. I. Background
and children’s environmental health Office hours are from 8:30 a.m. to 5 Under 49 U.S.C. 31136(e) and 31315,
and safety risks; visual effects; and p.m., e.t., Monday through Friday, FMCSA may grant an exemption for two
water resources (including wetlands, except Federal holidays. If you have years if it finds ‘‘such exemption would
floodplains, surface waters, questions regarding viewing or likely achieve a level of safety that is
groundwater, and wild and scenic submitting material to the docket, equivalent to or greater than the level
rivers). Potential cumulative impacts are contact Docket Services, telephone (202) that would be achieved absent such
also addressed in the Draft EA. 366–9826. exemption.’’ The statute also allows the
The FAA has posted the Draft EA on Agency to renew exemptions at the end
ADDRESSES: You may submit comments
the FAA Office of Commercial Space of the two-year period.
bearing the Federal Docket Management
Transportation Web site: http:// The physical qualification standard
System (FDMS) Docket No. FMCSA–
www.faa.gov/about/office_org/ for drivers regarding epilepsy found in
2013–0109; FMCSA–2013–0444 using
headquarters_offices/ast/ 49 CFR 391.41(b)(8) states that a person
any of the following methods:
environmental/nepa_docs/review/ is physically qualified to drive a CMV
launch/. • Federal eRulemaking Portal: Go to
http://www.regulations.gov. Follow the if that person:
Issued in Washington, DC, on January 5, online instructions for submitting Has no established medical history or
2017. clinical diagnosis of epilepsy or any other
comments.
Daniel Murray, condition which is likely to cause the loss of
• Mail: Docket Management Facility; consciousness or any loss of ability to control
Manager, Space Transportation Development
Division. U.S. Department of Transportation, 1200 a CMV.
New Jersey Avenue SE., West Building
[FR Doc. 2017–00549 Filed 1–11–17; 8:45 am] In addition to the regulations, FMCSA
Ground Floor, Room W12–140,
BILLING CODE 4910–13–P
Washington, DC 20590–0001. has published advisory criteria to assist
Medical Examiners in determining
• Hand Delivery: West Building whether drivers with certain medical
DEPARTMENT OF TRANSPORTATION Ground Floor, Room W12–140, 1200 conditions are qualified to operate a
New Jersey Avenue SE., Washington, CMV in interstate commerce. [49 CFR
Federal Motor Carrier Safety DC, between 9 a.m. and 5 p.m., Monday part 391, APPENDIX A TO PART 391—
Administration through Friday, except Federal MEDICAL ADVISORY CRITERIA,
[Docket No. FMCSA–2013–0109; FMCSA– Holidays. section H. Epilepsy: § 391.41(b)(8),
2013–0444] • Fax: 1–202–493–2251. paragraphs 3, 4, and 5.]
Instructions: Each submission must The 10 individuals listed in this
Qualification of Drivers; Exemption include the Agency name and the notice have requested renewal of their
Applications; Epilepsy and Seizure docket number(s) for this notice. Note exemptions from the Epilepsy and
Disorders that all comments received will be Seizure Disorders prohibition in 49 CFR
AGENCY: Federal Motor Carrier Safety posted without change to http:// 391.41(b)(8), in accordance with
Administration (FMCSA), DOT. www.regulations.gov, including any FMCSA procedures. Accordingly,
personal information provided. Please FMCSA has evaluated these
ACTION: Notice of renewal of
see the Privacy Act heading below for applications for renewal on their merits
exemptions; request for comments. and decided to extend each exemption
further information.
SUMMARY: FMCSA announces its Docket: For access to the docket to for a renewable two-year period.
decision to renew exemptions of 10 read background documents or II. Request for Comments
individuals from the requirement in the comments, go to http:// Interested parties or organizations
Federal Motor Carrier Safety www.regulations.gov at any time or possessing information that would
Regulations (FMCSRs) that interstate Room W12–140 on the ground level of otherwise show that any, or all, of these
commercial motor vehicle (CMV) the West Building, 1200 New Jersey drivers are not currently achieving the
drivers have ‘‘no established medical Avenue SE., Washington, DC, between 9 statutory level of safety should
history or clinical diagnosis of epilepsy a.m. and 5 p.m., Monday through immediately notify FMCSA. The
or any other condition which is likely Friday, except Federal holidays. The Agency will evaluate any adverse
to cause loss of consciousness or any FDMS is available 24 hours each day, evidence submitted and, if safety is
loss of ability to control a CMV.’’ The 365 days each year. If you want being compromised or if continuation of
exemptions enable these individuals acknowledgment that we received your the exemption would not be consistent
who have had one or more seizures and comments, please include a self- with the goals and objectives of 49
are taking anti-seizure medication to addressed, stamped envelope or U.S.C. 31136(e) and 31315, FMCSA will
continue to operate CMVs in interstate postcard or print the acknowledgement take immediate steps to revoke the
commerce. page that appears after submitting exemption of a driver.
DATES: Each group of renewed comments online.
exemptions was effective on the dates Privacy Act: In accordance with 5 III. Basis for Renewing Exemptions
stated in the discussions below and will U.S.C. 553(c), DOT solicits comments Under 49 U.S.C. 31315(b)(1), an
expire on the dates stated in the from the public to better inform its exemption may be granted for no longer
discussions below. Comments must be rulemaking process. DOT posts these than two years from its approval date
mstockstill on DSK3G9T082PROD with NOTICES

received on or before February 13, 2017. comments, without edit, including any and may be renewed upon application.
FOR FURTHER INFORMATION CONTACT: Ms. personal information the commenter In accordance with 49 U.S.C. 31136(e)
Christine A. Hydock, Chief, Medical provides, to http://www.regulations.gov, and 31315, each of the 10 applicants has
Programs Division, 202–366–4001, as described in the system of records satisfied the conditions for obtaining an
fmcsamedical@dot.gov, FMCSA, notice (DOT/ALL–14 FDMS), which can exemption from the Epilepsy and
Department of Transportation, 1200 be reviewed at http://www.dot.gov/ Seizure Disorder requirements and was
New Jersey Avenue SE., Room W64– privacy. published in the Federal Register (79

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Federal Register / Vol. 82, No. 8 / Thursday, January 12, 2017 / Notices 3843

FR 23054, 79 FR 73400). In addition, for driver must submit annual reports from Federal Motor Carrier Safety
Commercial Driver’s License (CDL) their treating physicians attesting to the Regulations (FMCSRs) against persons
holders, the Commercial Driver’s stability of treatment and that the driver with insulin-treated diabetes mellitus
License information System (CDLIS) has remained seizure-free; (3) each (ITDM) from operating commercial
and the Motor Carrier Management driver must undergo an annual medical motor vehicles (CMVs) in interstate
Information System (MCMIS) are examination by a certified Medical commerce. The exemptions enable these
searched for crash and violation data. Examiner, as defined by 49 CFR 390.5; individuals with ITDM to continue to
For non-CDL holders, the Agency and (4) each driver must provide a copy operate CMVs in interstate commerce.
reviews the driving records from the of the annual medical certification to DATES: Each group of renewed
State Driver’s Licensing Agency (SDLA). the employer for retention in the exemptions was effective on the dates
These factors provide an adequate basis driver’s qualification file or keep a copy stated in the discussions below and will
for predicting each driver’s ability to of his/her driver’s qualification file if expire on the dates stated in the
continue to safely operate a CMV in he/she is self-employed. The driver discussions below.
interstate commerce. must have a copy of the exemption FOR FURTHER INFORMATION CONTACT: Ms.
The 10 drivers in this notice remain when driving for presentation to a duly Christine A. Hydock, Chief, Medical
in good standing with the Agency, have authorized Federal, State, or local Programs Division, 202–366–4001,
maintained their medical monitoring, enforcement official. The exemption fmcsamedical@dot.gov, FMCSA,
and have not exhibited any medical will be rescinded if: (1) The person fails Department of Transportation, 1200
issues that would compromise their to comply with the terms and New Jersey Avenue SE., Room W64–
ability to safely operate a CMV during conditions of the exemption; (2) the 224, Washington, DC 20590–0001.
the previous two-year exemption exemption has resulted in a lower level Office hours are from 8 a.m. to 5:30
period. FMCSA has concluded that of safety than was maintained before it p.m., e.t., Monday through Friday,
renewing the exemptions for each of was granted; or (3) continuation of the except Federal holidays. If you have
these applicants is likely to achieve a exemption would not be consistent with questions regarding viewing or
level of safety equal to that existing the goals and objectives of 49 U.S.C. submitting material to the docket,
without the exemption. Therefore, 31136(e) and 31315. contact Docket Services, telephone (202)
FMCSA has decided to renew each 366–9826.
V. Preemption
exemption for a two-year period. In SUPPLEMENTARY INFORMATION:
accordance with 49 U.S.C. 31136(e) and During the period the exemption is in
31315, each driver has received a effect, no State shall enforce any law or I. Electronic Access
renewed exemption. regulation that conflicts with this You may see all the comments online
As of June 9, 2016, David Crowe (VA) exemption with respect to a person through the Federal Document
has satisfied the renewal conditions for operating under the exemption. Management System (FDMS) at: http://
obtaining an exemption from the VI. Conclusion www.regulations.gov.
Epilepsy and Seizure Disorders Docket: For access to the docket to
prohibition in 49 CFR 391.41(b)(8) from Based upon its evaluation of the 10 read background documents or
driving CMVs in interstate commerce exemption applications, FMCSA renews comments, go to http://
(79 FR 23054). This driver was included the exemptions of the aforementioned www.regulations.gov and/or Room
in FMCSA–2013–0109. The exemption drivers from the Epilepsy and Seizure W12–140 on the ground level of the
was effective on June 9, 2016, and will Disorders requirement in 49 CFR West Building, 1200 New Jersey Avenue
expire on June 9, 2018. 391.41(b)(8). In accordance with 49 SE., Washington, DC, between 9 a.m.
As of June 24, 2016, the following 9 U.S.C. 31136(e) and 31315, each and 5 p.m., e.t., Monday through Friday,
individuals have satisfied the renewal exemption will be valid for two years except Federal holidays.
conditions for obtaining an exemption unless revoked earlier by FMCSA. Privacy Act: In accordance with 5
from the Epilepsy and Seizure Disorders Issued on: December 29, 2016. U.S.C. 553(c), DOT solicits comments
prohibition in 49 CFR 391.41(b)(8) from Larry W. Minor, from the public to better inform its
driving CMVs in interstate commerce rulemaking process. DOT posts these
Associate Administrator for Policy.
(79 FR 73400): comments, without edit, including any
[FR Doc. 2017–00518 Filed 1–11–17; 8:45 am]
personal information the commenter
Travis Arend (VA) BILLING CODE 4910–EX–P
provides, to http://www.regulations.gov,
Heath Crowe (LA) as described in the system of records
Richard Degnan (AZ) notice (DOT/ALL–14 FDMS), which can
Peter DellaRocco (PA) DEPARTMENT OF TRANSPORTATION
be reviewed at http://www.dot.gov/
Domenick Panfie (NJ) privacy.
Scott Reaves (TX) Federal Motor Carrier Safety
Milton Tatham (NV) Administration II. Background
Thomas Tincher (VA) [Docket No. FMCSA–2010–0247; FMCSA– On November 15, 2016, FMCSA
Duane Troff (MN) 2012–0128; FMCSA–2012–0217; FMCSA– published a notice announcing its
These drivers were included in 2012–0219; FMCSA–2014–0021] decision to renew exemptions for 116
FMCSA–2013–0444. The exemptions individuals from the insulin-treated
were effective on June 24, 2016, and Qualification of Drivers; Exemption diabetes mellitus prohibition in 49 CFR
Applications; Diabetes
mstockstill on DSK3G9T082PROD with NOTICES

will expire on June 24, 2018. 391.41(b)(3) to operate a CMV in
AGENCY: Federal Motor Carrier Safety interstate commerce and requested
IV. Conditions and Requirements
Administration (FMCSA), DOT. comments from the public (81 FR
The exemptions are extended subject ACTION: Notice of final disposition. 80164). The public comment period
to the following conditions: (1) Each ended on December 15, 2016 and no
driver must remain seizure-free and SUMMARY: FMCSA announces its comments were received.
maintain a stable treatment during the decision to renew exemptions of 116 As stated in the previous notice,
two-year exemption period; (2) each individuals from its prohibition in the FMCSA has evaluated the eligibility of

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Document Created: 2017-03-21 14:41:04
Document Modified: 2017-03-21 14:41:04

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		Each group of renewed exemptions was effective on the dates stated in the discussions below and will expire on the dates stated in the discussions below. Comments must be received on or before February 13, 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 3842

82 FR 3842 - Qualification of Drivers; Exemption Applications; Epilepsy and Seizure Disorders

DEPARTMENT OF TRANSPORTATIONFederal Motor Carrier Safety Administration

Federal Register Volume 82, Issue 8 (January 12, 2017)

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration