82 FR 43651 - Qualification of Drivers; Exemption Applications; Epilepsy and Seizure Disorders

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration

Federal Register Volume 82, Issue 179 (September 18, 2017)

Page Range		43651-43652
FR Document		2017-19757

FMCSA announces its decision to exempt seven 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 179 (Monday, September 18, 2017)

[Federal Register Volume 82, Number 179 (Monday, September 18, 2017)]
[Notices]
[Pages 43651-43652]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-19757]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[FMCSA Docket No. FMCSA-2017-0178]


Qualification of Drivers; Exemption Applications; Epilepsy and 
Seizure Disorders

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

ACTION: Notice of final disposition.

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SUMMARY: FMCSA announces its decision to exempt seven 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 applicable on August 1, 2017. The exemptions 
expire on August 1, 2019.

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 June 29, 2017, FMCSA published a notice announcing receipt of 
applications from seven individuals requesting an exemption from the 
epilepsy prohibition in 49 CFR 391.41(b)(8) and requested comments from 
the public (82 FR 29624). The public comment period ended on July 31, 
2017, and no were received.
    FMCSA has evaluated the eligibility of these applicants and 
determined that granting exemptions to these 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).
    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--

[[Page 43652]]

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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III. Discussion of Comments

    FMCSA received no comments in this proceeding. However, FMCSA was 
informed that the notice published on June 29, 2017, identified the 
driver but not their resident State. It has been corrected in this 
notice. 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.

IV. 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 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). A summary of each applicant's seizure 
history was discussed in the June 29, 2017, Federal Register notice (82 
FR 29624) and will not be repeated in this notice.
    These seven applicants have been seizure-free over a range of 8-36 
years while taking anti-seizure medication and have 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.
    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.

V. 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.

VI. 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.

VII. Conclusion

    Based upon its evaluation of the seven exemption applications, 
FMCSA exempts the following drivers from the seizure standard, 49 CFR 
391.41(b)(11), subject to the requirements cited above:

Richard A. Bailey (IA)
Roosevelt J. Chambers (WA)
Donnie D. Kuck (MT)
Mark A. Parish (GA)
Mario A. Polomares (TX)
Rickie M. Rineer (PA)
Timothy Wolsieffer (PA)

    In accordance with 49 U.S.C. 31315(b)(1), each exemption will be 
valid for two years from the effective date unless revoked earlier by 
FMCSA. The exemption will be revoked if the following occurs: (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 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: September 8, 2017.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2017-19757 Filed 9-15-17; 8:45 am]
 BILLING CODE 4910-EX-P

43652 Federal Register / Vol. 82, No. 179 / Monday, September 18, 2017 / Notices

MEDICAL ADVISORY CRITERIA, System (MCMIS). For non-CDL holders, exempts the following drivers from the
section H. Epilepsy: § 391.41(b)(8), the Agency reviewed the driving records seizure standard, 49 CFR 391.41(b)(11),
paragraphs 3, 4, and 5.] from the State Driver’s Licensing subject to the requirements cited above:
Agency (SDLA). A summary of each Richard A. Bailey (IA)
III. Discussion of Comments
applicant’s seizure history was Roosevelt J. Chambers (WA)
FMCSA received no comments in this discussed in the June 29, 2017, Federal Donnie D. Kuck (MT)
proceeding. However, FMCSA was Register notice (82 FR 29624) and will Mark A. Parish (GA)
informed that the notice published on not be repeated in this notice. Mario A. Polomares (TX)
June 29, 2017, identified the driver but These seven applicants have been Rickie M. Rineer (PA)
not their resident State. It has been seizure-free over a range of 8–36 years Timothy Wolsieffer (PA)
corrected in this notice. Interested while taking anti-seizure medication In accordance with 49 U.S.C.
parties or organizations possessing and have maintained a stable 31315(b)(1), each exemption will be
information that would otherwise show medication treatment regimen for the valid for two years from the effective
that any, or all, of these drivers are not last two years. In each case, the date unless revoked earlier by FMCSA.
currently achieving the statutory level of applicant’s treating physician verified The exemption will be revoked if the
safety should immediately notify his or her seizure history and supports following occurs: (1) The person fails to
FMCSA. The Agency will evaluate any the ability to drive commercially. comply with the terms and conditions
adverse evidence submitted and, if The Agency acknowledges the of the exemption; (2) the exemption has
safety is being compromised or if potential consequences of a driver resulted in a lower level of safety than
continuation of the exemption would experiencing a seizure while operating a was maintained prior to being granted;
not be consistent with the goals and CMV. However, the Agency believes the or (3) continuation of the exemption
objectives of 49 U.S.C. 31136(e) and drivers granted this exemption have would not be consistent with the goals
31315, FMCSA will take immediate demonstrated that they are unlikely to and objectives of 49 U.S.C. 31136 and
steps to revoke the exemption of a have a seizure and their medical 31315.
driver. condition does not pose a risk to public
Issued on: September 8, 2017.
IV. Basis for Exemption Determination safety.
Consequently, FMCSA finds that in Larry W. Minor,
Under 49 U.S.C. 31136(e) and each case exempting these applicants Associate Administrator for Policy.
31315(b), FMCSA may grant an from the epilepsy/seizure standard in 49 [FR Doc. 2017–19757 Filed 9–15–17; 8:45 am]
exemption from the epilepsy/seizure CFR 391.41(b)(8) is likely to achieve a BILLING CODE 4910–EX–P
standard in 49 CFR 391.41(b)(8) if the level of safety equal to that existing
exemption is likely to achieve an without the exemption.
equivalent or greater level of safety than DEPARTMENT OF TRANSPORTATION
would be achieved without the V. Conditions and Requirements
exemption. The exemption allows the The terms and conditions of the Federal Motor Carrier Safety
applicants to operate CMVs in interstate exemption are provided to the Administration
commerce. applicants in the exemption document
In reaching the decision to grant these [Docket No. FMCSA–2014–0381; FMCSA–
and includes the following: (1) Each 2014–0382; FMCSA–2015–0115]
exemption requests, FMCSA considered driver must remain seizure-free and
the 2007 recommendations of the maintain a stable treatment during the Qualification of Drivers; Exemption
Agency’s Medical Expert Panel (MEP). two-year exemption period; (2) each Applications; Epilepsy and Seizure
The January 15, 2013, Federal Register driver must submit annual reports from Disorders
notice (78 FR 3069) provides the current their treating physicians attesting to the
MEP recommendations which is the stability of treatment and that the driver AGENCY: Federal Motor Carrier Safety
criteria the Agency uses to grant seizure has remained seizure-free; (3) each Administration (FMCSA), DOT.
exemptions. driver must undergo an annual medical ACTION: Notice of renewal of
The Agency’s decision regarding these examination by a certified Medical exemptions; request for comments.
exemption applications is based on an Examiner, as defined by 49 CFR 390.5;
individualized assessment of each SUMMARY: FMCSA announces its
and (4) each driver must provide a copy
applicant’s medical information, decision to renew exemptions for three
of the annual medical certification to
including the root cause of the individuals from the requirement in the
the employer for retention in the
respective seizure(s) and medical Federal Motor Carrier Safety
driver’s qualification file, or keep a copy
information about the applicant’s Regulations (FMCSRs) that interstate
of his/her driver’s qualification file if
seizure history, the length of time that commercial motor vehicle (CMV)
he/she is self-employed. The driver
has elapsed since the individual’s last drivers have ‘‘no established medical
must also have a copy of the exemption
seizure, the stability of each individual’s history or clinical diagnosis of epilepsy
when driving, for presentation to a duly
treatment regimen and the duration of or any other condition which is likely
authorized Federal, State, or local
time on or off of anti-seizure to cause loss of consciousness or any
enforcement official.
medication. In addition, the Agency loss of ability to control a CMV.’’ The
reviewed the treating clinician’s VI. Preemption exemptions enable these individuals
medical opinion related to the ability of During the period the exemption is in who have had one or more seizures and
the driver to safely operate a CMV with are taking anti-seizure medication to
sradovich on DSKBBY8HB2PROD with NOTICES

effect, no State shall enforce any law or
a history of seizure and each applicant’s regulation that conflicts with this continue to operate CMVs in interstate
driving record found in the Commercial exemption with respect to a person commerce.
Driver’s License Information System operating under the exemption. DATES: The renewed exemptions were
(CDLIS) for commercial driver’s license applicable on June 10, 2017. The
(CDL) holders, and interstate and VII. Conclusion renewed exemptions will expire on June
intrastate inspections recorded in the Based upon its evaluation of the seven 10, 2019. Comments must be received
Motor Carrier Management Information exemption applications, FMCSA on or before October 18, 2017.

VerDate Sep<11>2014 16:54 Sep 15, 2017 Jkt 241001 PO 00000 Frm 00139 Fmt 4703 Sfmt 4703 E:\FR\FM\18SEN1.SGM 18SEN1

Document Created: 2017-09-16 00:51:22
Document Modified: 2017-09-16 00:51:22

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 applicable on August 1, 2017. The exemptions expire on August 1, 2019.
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 43651

82 FR 43651 - Qualification of Drivers; Exemption Applications; Epilepsy and Seizure Disorders

DEPARTMENT OF TRANSPORTATIONFederal Motor Carrier Safety Administration

Federal Register Volume 82, Issue 179 (September 18, 2017)

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration