82 FR 39945 - Qualification of Drivers; Exemption Applications; Epilepsy and Seizure Disorders

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration

Federal Register Volume 82, Issue 161 (August 22, 2017)

Page Range		39945-39946
FR Document		2017-17721

FMCSA announces its decision to renew exemptions for five 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 161 (Tuesday, August 22, 2017)

[Federal Register Volume 82, Number 161 (Tuesday, August 22, 2017)]
[Notices]
[Pages 39945-39946]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-17721]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2008-0355; FMCSA-2014-0381; FMCSA-2014-0382]


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 for five 
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: The renewed exemptions were applicable on July 12, 2017. The 
renewed exemptions will expire on July 12, 2019. Comments must be 
received on or before September 21, 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-2008-0355; FMCSA-2014-0381; 
FMCSA-2014-0382 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., Monday through Friday, 
except Federal holidays. The FDMS is available 24 hours each day e.t., 
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

[[Page 39946]]

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 five 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 five applicants has satisfied the conditions for obtaining an 
exemption from the Epilepsy and Seizure Disorder requirements and were 
published in the Federal Register 78 FR 41979, 80 FR 55164, 80 FR 
57034. 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 five 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 for the following applicants:

Prince Austin, Jr. (OH)
Frank Cekovic (PA)
Martin L. Ford (MS)
Roger Green (PA)
Michael R. Weymouth (NH)

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 the five 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: August 10, 2017.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2017-17721 Filed 8-21-17; 8:45 am]
 BILLING CODE 4910-EX-P

Federal Register / Vol. 82, No. 161 / Tuesday, August 22, 2017 / Notices 39945

Larry K. Brindle (KS) official. The exemption will be renewed exemptions will expire on July
Donald F. Kurzejewski (PA) rescinded if: (1) The person fails to 12, 2019. Comments must be received
Joshua O. Lilly (VA) comply with the terms and conditions on or before September 21, 2017.
Steven C. Lundberg (IA) of the exemption; (2) the exemption has FOR FURTHER INFORMATION CONTACT: Ms.
Roger D. Mott (IA) resulted in a lower level of safety than Christine A. Hydock, Chief, Medical
Christopher J. Wisner (MD) was maintained before it was granted; or Programs Division, 202–366–4001,
The drivers were included in docket (3) continuation of the exemption would fmcsamedical@dot.gov, FMCSA,
number FMCSA–2013–0020. Their not be consistent with the goals and Department of Transportation, 1200
exemptions are applicable as of objectives of 49 U.S.C. 31136(e) and New Jersey Avenue SE., Room W64–
September 18, 2017, and will expire on 31315. 224, Washington, DC 20590–0001.
September 18, 2019. V. Preemption Office hours are from 8:30 a.m. to 5
As of September 22, 2017, and in p.m., e.t., Monday through Friday,
accordance with 49 U.S.C. 31136(e) and During the period the exemption is in
except Federal holidays. If you have
31315, the following 15 individuals effect, no State shall enforce any law or
questions regarding viewing or
have satisfied the renewal conditions for regulation that conflicts with this
submitting material to the docket,
obtaining an exemption from the rule exemption with respect to a person
contact Docket Services, telephone (202)
prohibiting drivers with ITDM from operating under the exemption.
366–9826.
driving CMVs in interstate commerce VI. Conclusion ADDRESSES: You may submit comments
(74 FR 37288; 74 FR 48641): Based upon its evaluation of the 121 bearing the Federal Docket Management
Michael F. Arthur (ME) exemption applications, FMCSA renews System (FDMS) Docket No. FMCSA–
Roelf F. Aufforth (MN) the exemptions of the aforementioned 2008–0355; FMCSA–2014–0381;
Christopher S. Cate (NH) drivers from the rule prohibiting drivers FMCSA–2014–0382 using any of the
Raymond A. Dietz (FL) with ITDM from driving CMVs in following methods:
Steven C. Ellenberger (NE) interstate commerce. In accordance with • Federal eRulemaking Portal: Go to
Dori A. Hoffmann (NE) 49 U.S.C. 31136(e) and 31315, each http://www.regulations.gov. Follow the
William C. Howard (VA) exemption will be valid for two years online instructions for submitting
Steven A. Mayhew (NY) unless revoked earlier by FMCSA. comments.
Michael G. Mulder (MN) • Mail: Docket Management Facility;
Bradley D. Nickles, Jr. (NH) Issued on: August 10, 2017.
U.S. Department of Transportation, 1200
Frank A. Rhodes (WI) Larry W. Minor,
New Jersey Avenue SE., West Building
James B. Roth (IL) Associate Administrator for Policy. Ground Floor, Room W12–140,
Matthew T. Russell (TN) [FR Doc. 2017–17720 Filed 8–21–17; 8:45 am] Washington, DC 20590–0001.
Tranquilino D. Sena (NM) BILLING CODE 4910–EX–P • Hand Delivery: West Building
John A. Serth, Jr. (NY) Ground Floor, Room W12–140, 1200
The drivers were included in docket New Jersey Avenue SE., Washington,
number FMCSA–2009–0174. Their DEPARTMENT OF TRANSPORTATION DC, between 9 a.m. and 5 p.m., e.t.,
exemptions are applicable as of Federal Motor Carrier Safety Monday through Friday, except Federal
September 22, 2017, and will expire on Administration Holidays.
September 22, 2019. • Fax: 1–202–493–2251.
[Docket No. FMCSA–2008–0355; FMCSA– Instructions: Each submission must
IV. Conditions and Requirements 2014–0381; FMCSA–2014–0382] include the Agency name and the
The exemptions are extended subject docket number(s) for this notice. Note
to the following conditions: (1) Each Qualification of Drivers; Exemption that all comments received will be
driver must submit a quarterly Applications; Epilepsy and Seizure posted without change to http://
monitoring checklist completed by the Disorders www.regulations.gov, including any
treating endocrinologist as well as an AGENCY: Federal Motor Carrier Safety personal information provided. Please
annual checklist with a comprehensive Administration (FMCSA), DOT. see the Privacy Act heading below for
medical evaluation; (2) each driver must ACTION: Notice of renewal of further information.
report within two business days of exemptions; request for comments. Docket: For access to the docket to
occurrence, all episodes of severe read background documents or
hypoglycemia, significant SUMMARY: FMCSA announces its comments, go to http://
complications, or inability to manage decision to renew exemptions for five www.regulations.gov at any time or
diabetes; also, any involvement in an individuals from the requirement in the Room W12–140 on the ground level of
accident or any other adverse event in Federal Motor Carrier Safety the West Building, 1200 New Jersey
a CMV or personal vehicle, whether or Regulations (FMCSRs) that interstate Avenue SE., Washington, DC, between 9
not it is related to an episode of commercial motor vehicle (CMV) a.m. and 5 p.m., Monday through
hypoglycemia; (3) each driver must drivers have ‘‘no established medical Friday, except Federal holidays. The
submit an annual ophthalmologist’s or history or clinical diagnosis of epilepsy FDMS is available 24 hours each day
optometrist’s report; and (4) each driver or any other condition which is likely e.t., 365 days each year. If you want
must provide a copy of the annual to cause loss of consciousness or any acknowledgment that we received your
medical certification to the employer for loss of ability to control a CMV.’’ The comments, please include a self-
sradovich on DSK3GMQ082PROD with NOTICES

retention in the driver’s qualification exemptions enable these individuals addressed, stamped envelope or
file, or keep a copy in his/her driver’s who have had one or more seizures and postcard or print the acknowledgement
qualification file if he/she is self- are taking anti-seizure medication to page that appears after submitting
employed. The driver must also have a continue to operate CMVs in interstate comments online.
copy of the exemption when driving, for commerce. Privacy Act: In accordance with 5
presentation to a duly authorized DATES: The renewed exemptions were U.S.C. 553(c), DOT solicits comments
Federal, State, or local enforcement applicable on July 12, 2017. The from the public to better inform its

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39946 Federal Register / Vol. 82, No. 161 / Tuesday, August 22, 2017 / Notices

rulemaking process. DOT posts these than two years from its approval date conditions of the exemption; (2) the
comments, without edit, including any and may be renewed upon application. exemption has resulted in a lower level
personal information the commenter In accordance with 49 U.S.C. 31136(e) of safety than was maintained before it
provides, to http://www.regulations.gov, and 31315, each of the five applicants was granted; or (3) continuation of the
as described in the system of records has satisfied the conditions for exemption would not be consistent with
notice (DOT/ALL–14 FDMS), which can obtaining an exemption from the the goals and objectives of 49 U.S.C.
be reviewed at http://www.dot.gov/ Epilepsy and Seizure Disorder 31136(e) and 31315.
privacy. requirements and were published in the
V. Preemption
Federal Register 78 FR 41979, 80 FR
I. Background During the period the exemption is in
55164, 80 FR 57034. In addition, for
Under 49 U.S.C. 31136(e) and 31315, Commercial Driver’s License (CDL) effect, no State shall enforce any law or
FMCSA may grant an exemption for two holders, the Commercial Driver’s regulation that conflicts with this
years if it finds ‘‘such exemption would License Information System (CDLIS) exemption with respect to a person
likely achieve a level of safety that is and the Motor Carrier Management operating under the exemption.
equivalent to or greater than the level Information System (MCMIS) are VI. Conclusion
that would be achieved absent such searched for crash and violation data.
exemption.’’ The statute also allows the For non-CDL holders, the Agency Based upon its evaluation of the five
Agency to renew exemptions at the end reviews the driving records from the exemption applications, FMCSA renews
of the two-year period. State Driver’s Licensing Agency (SDLA). the exemptions of the aforementioned
The physical qualification standard These factors provide an adequate basis drivers from the Epilepsy and Seizure
for drivers regarding epilepsy found in for predicting each driver’s ability to Disorders requirement in 49 CFR 391.41
49 CFR 391.41(b)(8) states that a person continue to safely operate a CMV in (b)(8). In accordance with 49 U.S.C.
is physically qualified to drive a CMV interstate commerce. 31136(e) and 31315, each exemption
if that person: The five drivers in this notice remain will be valid for two years unless
Has no established medical history or in good standing with the Agency, have revoked earlier by FMCSA.
clinical diagnosis of epilepsy or any other maintained their medical monitoring Issued on: August 10, 2017.
condition which is likely to cause the loss of and have not exhibited any medical Larry W. Minor,
consciousness or any loss of ability to control issues that would compromise their Associate Administrator for Policy.
a CMV. ability to safely operate a CMV during [FR Doc. 2017–17721 Filed 8–21–17; 8:45 am]
In addition to the regulations, FMCSA the previous two-year exemption BILLING CODE 4910–EX–P
has published advisory criteria to assist period. FMCSA has concluded that
Medical Examiners in determining renewing the exemptions for each of
whether drivers with certain medical these applicants is likely to achieve a DEPARTMENT OF TRANSPORTATION
conditions are qualified to operate a level of safety equal to that existing
CMV in interstate commerce. [49 CFR without the exemption. Therefore, Federal Railroad Administration
part 391, APPENDIX A TO PART 391— FMCSA has decided to renew each
[Docket Number FRA–2001–10654]
MEDICAL ADVISORY CRITERIA, exemption for a two-year period for the
section H. Epilepsy: § 391.41(b)(8), following applicants: Petition for Waiver of Compliance
paragraphs 3, 4, and 5.] Prince Austin, Jr. (OH)
The five individuals listed in this Frank Cekovic (PA) Under part 211 of Title 49 of the Code
notice have requested renewal of their Martin L. Ford (MS) of Federal Regulations (CFR), this
exemptions from the Epilepsy and Roger Green (PA) document provides the public notice
Seizure Disorders prohibition in 49 CFR Michael R. Weymouth (NH) that on July 13, 2017, the Association of
391.41(b)(8), in accordance with American Railroads (AAR) has
IV. Conditions and Requirements
FMCSA procedures. Accordingly, petitioned the Federal Railroad
FMCSA has evaluated these The exemptions are extended subject Administration (FRA) for an extension
applications for renewal on their merits to the following conditions: (1) Each and expansion of an existing waiver of
and decided to extend each exemption driver must remain seizure-free and compliance from certain provisions of
for a renewable two-year period. maintain a stable treatment during the the Federal railroad safety regulations
two-year exemption period; (2) each contained at 49 CFR part 213. FRA
II. Request for Comments driver must submit annual reports from assigned the petition docket number
Interested parties or organizations their treating physicians attesting to the FRA–2001–10654.
possessing information that would stability of treatment and that the driver AAR, on behalf of its member
otherwise show that any, or all, of these has remained seizure-free; (3) each railroads, received permission from FRA
drivers are not currently achieving the driver must undergo an annual medical to operate trains at Class 5 speeds over
statutory level of safety should examination by a certified Medical ‘‘heavy-point’’ frogs (HPF) with guard
immediately notify FMCSA. The Examiner, as defined by 49 CFR 390.5; check gages conforming to the standards
Agency will evaluate any adverse and (4) each driver must provide a copy for Class 4 track frogs on April 22, 2003.
evidence submitted and, if safety is of the annual medical certification to AAR requested and was granted two
being compromised or if continuation of the employer for retention in the extensions, dated February 25, 2008 and
the exemption would not be consistent driver’s qualification file, or keep a copy January 18, 2013. The current waiver
of his/her driver’s qualification file if
sradovich on DSK3GMQ082PROD with NOTICES

with the goals and objectives of 49 will expire on January 18, 2018.
U.S.C. 31136(e) and 31315, FMCSA will he/she is self-employed. The driver In the current petition, AAR requests
take immediate steps to revoke the must also have a copy of the exemption an extension of the existing relief from
exemption of a driver. when driving, for presentation to a duly 49 CFR 213.143—Frog guard rails and
authorized Federal, State, or local guard faces; gage, to continue operating
III. Basis for Renewing Exemptions enforcement official. The exemption trains at FRA Class 5 speeds over HPF
Under 49 U.S.C. 31315(b)(1), an will be rescinded if: (1) The person fails with guard-check gage conforms to the
exemption may be granted for no longer to comply with the terms and standards prescribed for FRA Class 4

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Document Created: 2018-10-24 11:54:42
Document Modified: 2018-10-24 11:54:42

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 renewed exemptions were applicable on July 12, 2017. The renewed exemptions will expire on July 12, 2019. Comments must be received on or before September 21, 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 39945

82 FR 39945 - Qualification of Drivers; Exemption Applications; Epilepsy and Seizure Disorders

DEPARTMENT OF TRANSPORTATIONFederal Motor Carrier Safety Administration

Federal Register Volume 82, Issue 161 (August 22, 2017)

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration