82 FR 56106 - Qualification of Drivers; Exemption Applications; Epilepsy and Seizure Disorders

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration

Federal Register Volume 82, Issue 226 (November 27, 2017)

Page Range		56106-56107
FR Document		2017-25520

FMCSA announces its decision to renew exemptions for three 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 226 (Monday, November 27, 2017)

[Federal Register Volume 82, Number 226 (Monday, November 27, 2017)]
[Notices]
[Pages 56106-56107]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-25520]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2015-0118]


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 three 
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 exemptions were applicable on October 22, 2017. The 
exemptions expire on October 22, 2019. Comments must be received on or 
before December 27, 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., 
ET, 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-2015-0118 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., 
ET, 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., ET, Monday through Friday, 
except Federal holidays. The FDMS is available 24 hours each day ET, 
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 five 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 five-year period. FMCSA 
grants exemptions from the FMCSRs for a two-year period to align with 
the maximum duration of a driver's medical certification.
    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

[[Page 56107]]

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 three 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

    In accordance with 49 U.S.C. 31136(e) and 31315, each of the three 
applicants has satisfied the renewal conditions for obtaining an 
exemption from the epilepsy and seizure disorders prohibition. The 
three 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. 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. Therefore, FMCSA concludes 
that extending the exemption for each renewal applicant for a period of 
two years is likely to achieve a level of safety equal to that existing 
without the exemption.
    As of October 22, 2017, and in accordance with 49 U.S.C. 31136(e) 
and 31315, the following three individuals have satisfied the renewal 
conditions for obtaining an exemption from the epilepsy and seizure 
disorders prohibition in the FMCSRs for interstate CMV drivers: Joshua 
Abel (MD); Jeremy H. Fryburg (PA); and Anthony E. Martens (SD).
    The drivers were included in docket number FMCSA-2015-0118. Their 
exemptions are applicable as of October 22, 2017, and will expire on 
October 22, 2019.

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 three exemption applications, 
FMCSA renews the exemptions of the aforementioned drivers from the 
epilepsy and seizure disorders prohibition 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: November 17, 2017.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2017-25520 Filed 11-24-17; 8:45 am]
 BILLING CODE 4910-EX-P

56106 Federal Register / Vol. 82, No. 226 / Monday, November 27, 2017 / Notices

Wells R. Betts (DE) DEPARTMENT OF TRANSPORTATION Monday through Friday, except Federal
Clyde R. Bigam, Jr. (KS) Holidays.
Federal Motor Carrier Safety • Fax: 1–202–493–2251.
Sten R. Brote (MA)
Administration Instructions: Each submission must
Michele D. Budrys (MA) include the Agency name and the
Keith P. Burk (PA) [Docket No. FMCSA–2015–0118]
docket number(s) for this notice. Note
Robert E. Conner (OH) Qualification of Drivers; Exemption that all comments received will be
George L. Coombs, Jr. (NH) Applications; Epilepsy and Seizure posted without change to http://
Disorders www.regulations.gov, including any
Isaiah B. Deal (ND)
personal information provided. Please
James M. Doiron (FL) AGENCY: Federal Motor Carrier Safety see the Privacy Act heading below for
Daniel T. Gazalie (PA) Administration (FMCSA), DOT. further information.
Gary V. Grimm (CA) ACTION: Notice of renewal of Docket: For access to the docket to
Joe A. Gritten (IN) exemptions; request for comments. read background documents or
comments, go to http://
Bradley S. Hanson (MN)
SUMMARY: FMCSA announces its www.regulations.gov at any time or
Paul F. Herburger (IA) decision to renew exemptions for three Room W12–140 on the ground level of
Robert H. Hopper (MO) individuals from the requirement in the the West Building, 1200 New Jersey
Rhonda V. Howe (PA) Federal Motor Carrier Safety Avenue SE., Washington, DC, between 9
Melvin L. Hutcheson (AL) Regulations (FMCSRs) that interstate a.m. and 5 p.m., ET, Monday through
Tyler W. Keel (TX) commercial motor vehicle (CMV) Friday, except Federal holidays. The
drivers have ‘‘no established medical FDMS is available 24 hours each day
Wyatt E.S. Kitchens (GA) history or clinical diagnosis of epilepsy ET, 365 days each year. If you want
Gerald A. Korkow (SD) or any other condition which is likely acknowledgment that we received your
Richard B. Maurer (PA) to cause loss of consciousness or any comments, please include a self-
James M. McDonald (IA) loss of ability to control a CMV.’’ The addressed, stamped envelope or
Mutasim Y.S. Mohamed (MN) exemptions enable these individuals postcard or print the acknowledgement
who have had one or more seizures and page that appears after submitting
Paul S. Montell (PA)
are taking anti-seizure medication to comments online.
James R. Pemberton (NJ) continue to operate CMVs in interstate Privacy Act: In accordance with 5
Charles E. Perdue, Jr. (OH) commerce. U.S.C. 553(c), DOT solicits comments
Christopher L. Recla (WI) DATES: The exemptions were applicable from the public to better inform its
Jon C. Reeves (OR) on October 22, 2017. The exemptions rulemaking process. DOT posts these
expire on October 22, 2019. Comments comments, without edit, including any
Hermes L. Rios (MD)
must be received on or before December personal information the commenter
Abimael Rodriguez (CA) provides, to http://www.regulations.gov,
27, 2017.
Dustin A. Rudolfi (PA) as described in the system of records
FOR FURTHER INFORMATION CONTACT: Ms.
Jose A. Sanchez (CO) notice (DOT/ALL–14 FDMS), which can
Christine A. Hydock, Chief, Medical
James A. Schmidt (MO) be reviewed at http://www.dot.gov/
Programs Division, 202–366–4001,
Jacob T. Sigmon (IL) privacy.
fmcsamedical@dot.gov, FMCSA,
David C. Stouffer (PA) Department of Transportation, 1200 I. Background
Jacob T. Streifel (MN) New Jersey Avenue SE., Room W64– Under 49 U.S.C. 31136(e) and 31315,
Jason M. Townsend (OH) 224, Washington, DC 20590–0001. FMCSA may grant an exemption for five
Office hours are from 8:30 a.m. to 5 years if it finds ‘‘such exemption would
Johann J. Trana (ND) p.m., ET, Monday through Friday,
Jacob C. Villa (OR) likely achieve a level of safety that is
except Federal holidays. If you have equivalent to or greater than the level
Raymond R. Wade (IN) questions regarding viewing or that would be achieved absent such
Edwin M. Yereance (NJ) submitting material to the docket, exemption.’’ The statute also allows the
contact Docket Services, telephone (202) Agency to renew exemptions at the end
In accordance with 49 U.S.C. 31136(e)
366–9826. of the five-year period. FMCSA grants
and 31315, each exemption will be valid
for two years from the effective date ADDRESSES: You may submit comments exemptions from the FMCSRs for a two-
unless revoked earlier by FMCSA. The bearing the Federal Docket Management year period to align with the maximum
exemption will be revoked if the System (FDMS) Docket No. FMCSA– duration of a driver’s medical
following occurs: (1) The person fails to 2015–0118 using any of the following certification.
comply with the terms and conditions methods: The physical qualification standard
of the exemption; (2) the exemption has • Federal eRulemaking Portal: Go to for drivers regarding epilepsy found in
resulted in a lower level of safety than http://www.regulations.gov. Follow the 49 CFR 391.41(b)(8) states that a person
was maintained prior to being granted; online instructions for submitting is physically qualified to drive a CMV
or (3) continuation of the exemption comments. if that person has no established
• Mail: Docket Management Facility;
asabaliauskas on DSKBBXCHB2PROD with NOTICES

would not be consistent with the goals medical history or clinical diagnosis of
and objectives of 49 U.S.C. 31136(e) and U.S. Department of Transportation, 1200 epilepsy or any other condition which
31315. New Jersey Avenue SE., West Building is likely to cause the loss of
Ground Floor, Room W12–140, consciousness or any loss of ability to
Issued on: November 17, 2017. Washington, DC 20590–0001. control a CMV.
Larry W. Minor, • Hand Delivery: West Building In addition to the regulations, FMCSA
Associate Administrator for Policy. Ground Floor, Room W12–140, 1200 has published advisory criteria to assist
[FR Doc. 2017–25521 Filed 11–24–17; 8:45 am] New Jersey Avenue SE., Washington, Medical Examiners in determining
BILLING CODE 4910–EX–P DC, between 9 a.m. and 5 p.m., ET, whether drivers with certain medical

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Federal Register / Vol. 82, No. 226 / Monday, November 27, 2017 / Notices 56107

conditions are qualified to operate a obtaining an exemption from the DEPARTMENT OF TRANSPORTATION
CMV in interstate commerce. [49 CFR epilepsy and seizure disorders
part 391, APPENDIX A TO PART 391— prohibition in the FMCSRs for interstate Federal Motor Carrier Safety
MEDICAL ADVISORY CRITERIA, CMV drivers: Joshua Abel (MD); Jeremy Administration
section H. Epilepsy: § 391.41(b)(8), H. Fryburg (PA); and Anthony E.
paragraphs 3, 4, and 5.] Martens (SD). [Docket No. FMCSA–FMCSA–2017–0251]
The three individuals listed in this The drivers were included in docket
notice have requested renewal of their number FMCSA–2015–0118. Their Qualification of Drivers; Exemption
exemptions from the epilepsy and exemptions are applicable as of October Applications; Epilepsy and Seizure
seizure disorders prohibition in 49 CFR 22, 2017, and will expire on October 22, Disorders
391.41(b)(8), in accordance with 2019.
FMCSA procedures. Accordingly, AGENCY: Federal Motor Carrier Safety
FMCSA has evaluated these IV. Conditions and Requirements Administration (FMCSA), DOT.
applications for renewal on their merits ACTION: Notice of denials.
The exemptions are extended subject
and decided to extend each exemption
to the following conditions: (1) Each SUMMARY: FMCSA announces its
for a renewable two-year period.
driver must remain seizure-free and decision to deny applications from 35
II. Request for Comments maintain a stable treatment during the individuals who requested an
Interested parties or organizations two-year exemption period; (2) each exemption from the Federal Motor
possessing information that would driver must submit annual reports from Carrier Safety Regulations (FMCSRs)
otherwise show that any, or all, of these their treating physicians attesting to the prohibiting persons with a clinical
drivers are not currently achieving the stability of treatment and that the driver diagnosis of epilepsy or any other
statutory level of safety should has remained seizure-free; (3) each condition that is likely to cause a loss
immediately notify FMCSA. The driver must undergo an annual medical of consciousness or any loss of ability to
Agency will evaluate any adverse examination by a certified Medical operate a commercial motor vehicle
evidence submitted and, if safety is Examiner, as defined by 49 CFR 390.5; (CMV) from operating CMVs in
being compromised or if continuation of and (4) each driver must provide a copy interstate commerce.
the exemption would not be consistent of the annual medical certification to
FOR FURTHER INFORMATION CONTACT: Ms.
with the goals and objectives of 49 the employer for retention in the
driver’s qualification file, or keep a copy Christine A. Hydock, Chief, Medical
U.S.C. 31136(e) and 31315, FMCSA will Programs Division, (202) 366–4001,
take immediate steps to revoke the of his/her driver’s qualification file if
he/she is self-employed. The driver fmcsamedical@dot.gov, FMCSA,
exemption of a driver. Department of Transportation, 1200
must also have a copy of the exemption
III. Basis for Renewing Exemptions when driving, for presentation to a duly New Jersey Avenue SE., Room W64–
In accordance with 49 U.S.C. 31136(e) authorized Federal, State, or local 224, Washington, DC 20590–0001.
and 31315, each of the three applicants enforcement official. The exemption Office hours are from 8:30 a.m. to 5
has satisfied the renewal conditions for will be rescinded if: (1) The person fails p.m., ET, Monday through Friday,
obtaining an exemption from the to comply with the terms and except Federal holidays. If you have
epilepsy and seizure disorders conditions of the exemption; (2) the questions regarding viewing or
prohibition. The three drivers in this exemption has resulted in a lower level submitting material to the docket,
notice remain in good standing with the of safety than was maintained before it contact Docket Services, telephone (202)
Agency, have maintained their medical was granted; or (3) continuation of the 366–9826.
monitoring and have not exhibited any exemption would not be consistent with SUPPLEMENTARY INFORMATION:
medical issues that would compromise the goals and objectives of 49 U.S.C. I. Electronic Access
their ability to safely operate a CMV 31136(e) and 31315.
during the previous two-year exemption You may see all the comments online
V. Preemption through the Federal Document
period. In addition, for Commercial
Driver’s License (CDL) holders, the During the period the exemption is in Management System (FDMS) at: http://
Commercial Driver’s License effect, no State shall enforce any law or www.regulations.gov.
Information System (CDLIS) and the regulation that conflicts with this Docket: For access to the docket to
Motor Carrier Management Information exemption with respect to a person read background documents or
System (MCMIS) are searched for crash operating under the exemption. comments, go to http://
and violation data. For non-CDL www.regulations.gov and/or Room
holders, the Agency reviews the driving VI. Conclusion W12–140 on the ground level of the
records from the State Driver’s Based upon its evaluation of the three West Building, 1200 New Jersey Avenue
Licensing Agency (SDLA). These factors exemption applications, FMCSA renews SE., Washington, DC, between 9 a.m.
provide an adequate basis for predicting the exemptions of the aforementioned and 5 p.m., ET, Monday through Friday,
each driver’s ability to continue to drivers from the epilepsy and seizure except Federal holidays.
safely operate a CMV in interstate disorders prohibition in 49 CFR 391.41 Privacy Act: In accordance with 5
commerce. Therefore, FMCSA (b)(8). In accordance with 49 U.S.C. U.S.C. 553(c), DOT solicits comments
asabaliauskas on DSKBBXCHB2PROD with NOTICES

concludes that extending the exemption 31136(e) and 31315, each exemption from the public to better inform its
for each renewal applicant for a period will be valid for two years unless rulemaking process. DOT posts these
of two years is likely to achieve a level revoked earlier by FMCSA. comments, without edit, including any
of safety equal to that existing without personal information the commenter
Issued on: November 17, 2017. provides, to http://www.regulations.gov,
the exemption.
As of October 22, 2017, and in Larry W. Minor, as described in the system of records
accordance with 49 U.S.C. 31136(e) and Associate Administrator for Policy. notice (DOT/ALL–14 FDMS), which can
31315, the following three individuals [FR Doc. 2017–25520 Filed 11–24–17; 8:45 am] be reviewed at http://www.dot.gov/
have satisfied the renewal conditions for BILLING CODE 4910–EX–P privacy.

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Document Created: 2017-11-25 01:08:58
Document Modified: 2017-11-25 01:08:58

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 exemptions were applicable on October 22, 2017. The exemptions expire on October 22, 2019. Comments must be received on or before December 27, 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., ET, 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 56106

82 FR 56106 - Qualification of Drivers; Exemption Applications; Epilepsy and Seizure Disorders

DEPARTMENT OF TRANSPORTATIONFederal Motor Carrier Safety Administration

Federal Register Volume 82, Issue 226 (November 27, 2017)

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration