82 FR 56108 - 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		56108-56110
FR Document		2017-25519

FMCSA announces receipt of applications from two individuals for an exemption from the prohibition in the Federal Motor Carrier Safety Regulations (FMCSRs) against persons with a clinical diagnosis of epilepsy or any other condition that is likely to cause a loss of consciousness or any loss of ability to control a commercial motor vehicle (CMV) to drive in interstate commerce. If granted, the exemptions would enable these individuals who have had one or more seizures and are taking anti-seizure medication to operate CMVs in interstate commerce.

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

[Federal Register Volume 82, Number 226 (Monday, November 27, 2017)]
[Notices]
[Pages 56108-56110]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-25519]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2017-0252]


Qualification of Drivers; Exemption Applications; Epilepsy and 
Seizure Disorders

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

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

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SUMMARY: FMCSA announces receipt of applications from two individuals 
for an exemption from the prohibition in the Federal Motor Carrier 
Safety Regulations (FMCSRs) against persons with a clinical diagnosis 
of epilepsy or any other condition that is likely to cause a loss of 
consciousness or any loss of ability to control a commercial motor 
vehicle (CMV) to drive in interstate commerce. If granted, the 
exemptions would enable these individuals who have had one or more 
seizures and are taking anti-seizure medication to operate CMVs in 
interstate commerce.

DATES: Comments must be received on or before December 27, 2017.

ADDRESSES: You may submit comments bearing the Federal Docket 
Management System (FDMS) Docket No. FMCSA-2017-0252 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, 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

[[Page 56109]]

be reviewed at http://www.dot.gov/privacy.

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 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.

SUPPLEMENTARY INFORMATION: 

I. Background

    Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption 
from the FMCSRs for a five-year period if it finds ``such exemption 
would likely achieve a level of safety that is equivalent to or greater 
than the level that would be achieved absent such exemption.'' The 
statute also allows the Agency to renew exemptions at the end of the 
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 two individuals listed in this notice have requested an 
exemption from the epilepsy and seizure disorders prohibition in 49 CFR 
391.41(b)(8). Accordingly, the Agency will evaluate the qualifications 
of each applicant to determine whether granting the exemption will 
achieve the required level of safety mandated by statute.
    The physical qualification standard for drivers regarding epilepsy 
found in 49 CFR 391.41(b)(8) states that a person is physically 
qualified to drive a CMV if that person has no established medical 
history or clinical diagnosis of epilepsy or any other condition which 
is likely to cause the loss of consciousness or any loss of ability to 
control a CMV.
    In addition to the regulations, FMCSA has published advisory 
criteria\1\ to assist Medical Examiners in determining whether drivers 
with certain medical conditions are qualified to operate a CMV in 
interstate commerce. [49 CFR part 391, APPENDIX A TO PART 391--MEDICAL 
ADVISORY CRITERIA, section H. Epilepsy: Sec.  391.41(b)(8), paragraphs 
3, 4, and 5.]
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    \1\ See http://www.ecfr.gov/cgi-bin/text-idx?SID=e47b48a9ea42dd67d999246e23d97970&mc=true&node=pt49.5.391&rgn=div5#ap49.5.391_171.a and https://www.thefederalregister.org/fdsys/pkg/CFR-2015-title49-vol5/pdf/CFR-2015-title49-vol5-part391-appA.pdf.
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    The advisory criteria states the following:
    If an individual has had a sudden episode of a non-epileptic 
seizure or loss of consciousness of unknown cause that did not require 
anti-seizure medication, the decision whether that person's condition 
is likely to cause the loss of consciousness or loss of ability to 
control a CMV should be made on an individual basis by the Medical 
Examiner in consultation with the treating physician. Before 
certification is considered, it is suggested that a six-month waiting 
period elapse from the time of the episode. Following the waiting 
period, it is suggested that the individual have a complete 
neurological examination. If the results of the examination are 
negative and anti-seizure medication is not required, then the driver 
may be qualified.
    In those individual cases where a driver had a seizure or an 
episode of loss of consciousness that resulted from a known medical 
condition (e.g., drug reaction, high temperature, acute infectious 
disease, dehydration, or acute metabolic disturbance), certification 
should be deferred until the driver has recovered fully from that 
condition, has no existing residual complications, and is not taking 
anti-seizure medication.
    Drivers who have a history of epilepsy/seizures, off anti-seizure 
medication and seizure-free for 10 years, may be qualified to operate a 
CMV in interstate commerce. Interstate drivers with a history of a 
single unprovoked seizure may be qualified to drive a CMV in interstate 
commerce if seizure-free and off anti-seizure medication for a five-
year period or more.
    As a result of Medical Examiners misinterpreting advisory criteria 
as regulation, numerous drivers have been prohibited from operating a 
CMV in interstate commerce based on the fact that they have had one or 
more seizures and are taking anti-seizure medication, rather than an 
individual analysis of their circumstances by a qualified Medical 
Examiner based on the physical qualification standards and medical best 
practices.
    On January 15, 2013, FMCSA announced in a Notice of Final 
Disposition titled, Qualification of Drivers; Exemption Applications; 
Epilepsy and Seizure Disorders, (78 FR 3069), its decision to grant 
requests from 22 individuals for exemptions from the regulatory 
requirement that interstate CMV drivers have ``no established medical 
history or clinical diagnosis of epilepsy or any other condition which 
is likely to cause loss of consciousness or any loss of ability to 
control a CMV.'' Since the January 15, 2013 notice, the Agency has 
published additional notices granting requests from individuals for 
exemptions from the regulatory requirement regarding epilepsy found in 
49 CFR 391.41(b)(8).
    To be considered for an exemption from the epilepsy and seizure 
disorders prohibition in 49 CFR 391.41(b)(8), applicants must meet the 
criteria in the 2007 recommendations of the Agency's Medical Expert 
Panel (MEP) (78 FR 3069).

II. Qualifications of Applicants

David W. Pamperin

    Mr. Pamperin, 55, has a history of a seizure disorder and has 
remained seizure free since 2006. He takes anti-seizure medication, 
with the dosage and frequency remaining the same since 2007. His 
physician states that he is supportive of Mr. Pamperin receiving an 
exemption.

Sury L. Seijas

    Mr. Seijas, 34, has a history of epilepsy and has remained seizure 
free since 2007. He takes anti-seizure medication, with the dosage and 
frequency remaining the same since 2007. His physician states that he 
is supportive of Mr. Seijas receiving an exemption.

III. Request for Comments

    In accordance with 49 U.S.C. 31136(e) and 31315, FMCSA requests 
public comment from all interested persons on the exemption petitions 
described in this notice. We will consider all comments received before 
the close of business on the closing date indicated in the dates 
section of the notice.

IV. Submitting Comments

    You may submit your comments and material online or by fax, mail, 
or hand delivery, but please use only one of these means. FMCSA 
recommends that you include your name and a mailing address, an email 
address, or a phone number in the body of your document so that FMCSA 
can contact you if there are questions regarding your submission.
    To submit your comment online, go to http://www.regulations.gov and 
in the search box insert the docket number FMCSA-2017-0252 and click 
the search button. When the new screen appears, click on the blue 
``Comment Now!'' button on the right hand side of the page. On the new 
page, enter information required including the specific section of this 
document to which each comment applies, and provide a reason for each 
suggestion or recommendation. If you submit your comments by mail or 
hand delivery, submit them in an unbound format, no larger than 8\1/2\ 
by 11 inches, suitable for

[[Page 56110]]

copying and electronic filing. If you submit comments by mail and would 
like to know that they reached the facility, please enclose a stamped, 
self-addressed postcard or envelope.
    We will consider all comments and materials received during the 
comment period. FMCSA may issue a final determination at any time after 
the close of the comment period.

V. Viewing Comments and Documents

    To view comments, as well as any documents mentioned in this 
preamble, go to http://www.regulations.gov and in the search box insert 
the docket number FMCSA-2017-0252 and click ``Search.'' Next, click 
``Open Docket Folder'' and you will find all documents and comments 
related to this notice.

    Issued on: November 17, 2017.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2017-25519 Filed 11-24-17; 8:45 am]
 BILLING CODE 4910-EX-P

56108 Federal Register / Vol. 82, No. 226 / Monday, November 27, 2017 / Notices

II. Background Terrence Aires (CO) with a clinical diagnosis of epilepsy or
FMCSA received applications from 35 Zackary Anderson (KS) any other condition that is likely to
individuals who requested an Adolfito Arciaga, Jr. (CA) cause a loss of consciousness or any loss
exemption from the FMCSRs Melissa N. Barregan (NC) of ability to control a commercial motor
prohibiting persons with a clinical Bret R. Calderwood (PA) vehicle (CMV) to drive in interstate
diagnosis of epilepsy or any other Paul E. Capozzi (MA) commerce. If granted, the exemptions
condition that is likely to cause a loss William F. Castle (IA) would enable these individuals who
of consciousness or any loss of ability to Norma Coffin (NY) have had one or more seizures and are
operate a CMV from operating CMVs in Joel Duffina (NH) taking anti-seizure medication to
interstate commerce. Robert R. Freeman (NC) operate CMVs in interstate commerce.
FMCSA has evaluated the eligibility Albert Giovianazzi (NJ) DATES: Comments must be received on
of these applicants and concluded that Cecilia L. Gonzalez (CA) or before December 27, 2017.
granting these exemptions would not Peter M. Gustey (OR)
ADDRESSES: You may submit comments
provide a level of safety that would be Phillip W. Helms (NC)
Jadwin Johnson (OH) bearing the Federal Docket Management
equivalent to or greater than, the level System (FDMS) Docket No. FMCSA–
of safety that would be obtained by Franklin King (AR)
Buck Konkol (WI) 2017–0252 using any of the following
complying with the regulation 49 CFR methods:
Shaun G. McChesney (ND)
391.41(b)(8).
Donald McGlamery (NC) • Federal eRulemaking Portal: Go to
III. Basis for Exemption Determination Anthony J. Melillo (CT) http://www.regulations.gov. Follow the
Joseph M. Ruley (IA) online instructions for submitting
Under 49 U.S.C. 31136(e) and 31315, comments.
FMCSA may grant an exemption for five Lucas T. Sorey (NC)
Robert C. Spencer (FL) • Mail: Docket Management Facility;
years if it finds such an exemption U.S. Department of Transportation, 1200
would likely achieve a level of safety David J. Tune (MN)
Robbie Weiland (WI) New Jersey Avenue SE., West Building
that is equivalent to, or greater than, the Ground Floor, Room W12–140,
level that would be achieved absent The following applicant did not
obtain the support of his physician to Washington, DC 20590–0001.
such an exemption. FMCSA grants • Hand Delivery: West Building
exemptions from the FMCSRs for a two- operate a vehicle in interstate
commerce: Ground Floor, Room W12–140, 1200
year period to align with the maximum
New Jersey Avenue SE., Washington,
duration of a driver’s medical Taylor Valentine (NY) DC, between 9 a.m. and 5 p.m., ET,
certification. The following nine applicants are
The Agency’s decision regarding these Monday through Friday, except Federal
intrastate drivers: Holidays.
exemption applications is based on the
eligibility criteria, the terms and
Anthony Anello, III (NJ) • Fax: 1–202–493–2251.
Sonny Chase (MN) Instructions: Each submission must
conditions for Federal exemptions, and
Thomas G. Davis (PA) include the Agency name and the
an individualized assessment of each
Jarel Hathaway (UT) docket number(s) for this notice. Note
applicant’s medical information
Joe L. King, Jr. (NC) that all comments received will be
provided by the applicant.
Edward C. McCachren (NJ) posted without change to http://
IV. Conclusion Sean Plover (PA) www.regulations.gov, including any
The Agency has determined that these William Swick (MI) personal information provided. Please
applicants do not satisfy the criteria Kevin D. Weber (WV) see the Privacy Act heading below for
eligibility or meet the terms and Issued on: November 17, 2017. further information.
conditions of the Federal exemption and Larry W. Minor, Docket: For access to the docket to
granting these exemptions would not Associate Administrator for Policy.
read background documents or
provide a level of safety that would be comments, go to http://
[FR Doc. 2017–25518 Filed 11–24–17; 8:45 am]
equivalent to or greater than, the level www.regulations.gov at any time or
BILLING CODE 4910–EX–P
of safety that would be obtained by Room W12–140 on the ground level of
complying with the regulation 49 CFR the West Building, 1200 New Jersey
391.41(b)(8). Therefore, the 35 DEPARTMENT OF TRANSPORTATION Avenue SE., Washington, DC, between 9
applicants in this notice have been a.m. and 5 p.m., ET, Monday through
denied exemptions from the physical Federal Motor Carrier Safety Friday, except Federal holidays. The
qualification standards in 49 CFR Administration FDMS is available 24 hours each day,
391.41(b)(8). 365 days each year. If you want
Each applicant has, prior to this [Docket No. FMCSA–2017–0252] acknowledgment that we received your
notice, received a letter of final comments, please include a self-
Qualification of Drivers; Exemption
disposition regarding his/her exemption addressed, stamped envelope or
Applications; Epilepsy and Seizure
request. Those decision letters fully postcard or print the acknowledgement
Disorders
outlined the basis for the denial and page that appears after submitting
constitutes final action by the Agency. AGENCY: Federal Motor Carrier Safety comments online.
asabaliauskas on DSKBBXCHB2PROD with NOTICES

This notice summarizes the Agency’s Administration (FMCSA), DOT. Privacy Act: In accordance with 5
recent denials as required under 49 ACTION: Notice of applications for U.S.C. 553(c), DOT solicits comments
U.S.C. 31315(b)(4) by periodically exemption; request for comments. from the public to better inform its
publishing names and reasons for rulemaking process. DOT posts these
denial. SUMMARY: FMCSA announces receipt of comments, without edit, including any
The following 25 applicants do not applications from two individuals for an personal information the commenter
meet the minimum time requirement for exemption from the prohibition in the provides, to http://www.regulations.gov,
being seizure-free, either on or off of Federal Motor Carrier Safety as described in the system of records
anti-seizure medication: Regulations (FMCSRs) against persons notice (DOT/ALL–14 FDMS), which can

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Document Created: 2017-11-25 01:09:01
Document Modified: 2017-11-25 01:09:01

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
Action		Notice of applications for exemption; request for comments.
Dates		Comments must be received on or before 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 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 56108

82 FR 56108 - 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