82 FR 56110 - 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		56110-56111
FR Document		2017-25517

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

[Federal Register Volume 82, Number 226 (Monday, November 27, 2017)]
[Notices]
[Pages 56110-56111]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-25517]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2010-0203; FMCSA-2011-0389; FMCSA-2012-0050; FMCSA-
2012-0294; FMCSA-2012-0094; FMCSA-2014-0382; FMCSA-2015-0116; FMCSA-
2015-0117]


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.

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SUMMARY: FMCSA announces its decision to renew exemptions for 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: The exemptions were applicable on August 13, 2017. The 
exemptions expire on August 13, 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-2010-0203; FMCSA-2011-0389; 
FMCSA-2012-0050; FMCSA-2012-0294; FMCSA-2012-0094; FMCSA-2014-0382; 
FMCSA-2015-0116; FMCSA-2015-0117 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 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.

[[Page 56111]]

III. Basis for Renewing Exemptions

    In accordance with 49 U.S.C. 31136(e) and 31315, each of the 10 
applicants has satisfied the renewal conditions for obtaining an 
exemption from the epilepsy and seizure disorders prohibition. 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. 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 August 13, 2017, and in accordance with 49 U.S.C. 31136(e) 
and 31315, the following 10 individuals have satisfied the renewal 
conditions for obtaining an exemption from the epilepsy and seizure 
disorders prohibition in the FMCSRs for interstate CMV drivers:

Eric J. Barnwell (MI)
John W. Boerth (WI)
Don C. Darbyshire (IA)
Todd A. Davis (WI)
Daniel Dellaserra (CA)
Charles T. Gray(OK)
Eric A. Hilmer (WI)
David Kietzman (WI)
Dennis Klamm (MN)
Brian J. Wiggins (ID)

    The drivers were included in docket number FMCSA-2010-0203; FMCSA-
2011-0389; FMCSA-2012-0050; FMCSA-2012-0294; FMCSA-2012-0094; FMCSA-
2014-0382; FMCSA-2015-0116; FMCSA-2015-0117. Their exemptions are 
applicable as of August 13, 2017, and will expire on August 13, 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 10 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. 2017-25517 Filed 11-24-17; 8:45 am]
 BILLING CODE 4910-EX-P

Federal Register / Vol. 82, No. 226 / Monday, November 27, 2017 / Notices 56111

III. Basis for Renewing Exemptions stability of treatment and that the driver individuals from its prohibition in the
In accordance with 49 U.S.C. 31136(e) has remained seizure-free; (3) each Federal Motor Carrier Safety
and 31315, each of the 10 applicants has driver must undergo an annual medical Regulations (FMCSRs) against persons
satisfied the renewal conditions for examination by a certified Medical with insulin-treated diabetes mellitus
obtaining an exemption from the Examiner, as defined by 49 CFR 390.5; (ITDM) from operating commercial
epilepsy and seizure disorders and (4) each driver must provide a copy motor vehicles (CMVs) in interstate
prohibition. The 10 drivers in this of the annual medical certification to commerce. The exemptions enable these
notice remain in good standing with the the employer for retention in the individuals with ITDM to continue to
Agency, have maintained their medical driver’s qualification file, or keep a copy operate CMVs in interstate commerce.
monitoring and have not exhibited any of his/her driver’s qualification file if DATES: Each group of renewed
medical issues that would compromise he/she is self-employed. The driver exemptions were applicable on the
their ability to safely operate a CMV must also have a copy of the exemption dates stated in the discussions below
during the previous two-year exemption when driving, for presentation to a duly and will expire on the dates stated in
period. In addition, for Commercial authorized Federal, State, or local the discussions below. Comments must
Driver’s License (CDL) holders, the enforcement official. The exemption be received on or before December 27,
Commercial Driver’s License will be rescinded if: (1) The person fails 2017.
Information System (CDLIS) and the to comply with the terms and FOR FURTHER INFORMATION CONTACT: Ms.
Motor Carrier Management Information conditions of the exemption; (2) the Christine A. Hydock, Chief, Medical
System (MCMIS) are searched for crash exemption has resulted in a lower level Programs Division, 202–366–4001,
and violation data. For non-CDL of safety than was maintained before it fmcsamedical@dot.gov, FMCSA,
holders, the Agency reviews the driving was granted; or (3) continuation of the Department of Transportation, 1200
records from the State Driver’s exemption would not be consistent with New Jersey Avenue SE., Room W64–
Licensing Agency (SDLA). These factors the goals and objectives of 49 U.S.C. 224, Washington, DC 20590–0001.
provide an adequate basis for predicting 31136(e) and 31315. Office hours are from 8:30 a.m. to 5:30
each driver’s ability to continue to V. Preemption p.m., ET, Monday through Friday,
safely operate a CMV in interstate except Federal holidays. If you have
During the period the exemption is in
commerce. Therefore, FMCSA questions regarding viewing or
effect, no State shall enforce any law or
concludes that extending the exemption submitting material to the docket,
regulation that conflicts with this
for each renewal applicant for a period contact Docket Services, telephone (202)
exemption with respect to a person
of two years is likely to achieve a level 366–9826.
operating under the exemption.
of safety equal to that existing without ADDRESSES: You may submit comments
the exemption. VI. Conclusion bearing the Federal Docket Management
As of August 13, 2017, and in Based upon its evaluation of the 10 System (FDMS) Docket Nos. FMCSA–
accordance with 49 U.S.C. 31136(e) and exemption applications, FMCSA renews 2007–27801; FMCSA–2007–28536;
31315, the following 10 individuals the exemptions of the aforementioned FMCSA–2008–0175; FMCSA–2008–
have satisfied the renewal conditions for drivers from the epilepsy and seizure 0267; FMCSA–2009–0207; FMCSA–
obtaining an exemption from the disorders prohibition in 49 CFR 2011–0192; FMCSA–2013–0181;
epilepsy and seizure disorders 391.41(b)(8). In accordance with 49 FMCSA–2013–0182 using any of the
prohibition in the FMCSRs for interstate U.S.C. 31136(e) and 31315, each following methods:
CMV drivers: exemption will be valid for two years • Federal eRulemaking Portal: Go to
Eric J. Barnwell (MI) unless revoked earlier by FMCSA. http://www.regulations.gov. Follow the
John W. Boerth (WI) online instructions for submitting
Issued on: November 17, 2017.
Don C. Darbyshire (IA) comments.
Todd A. Davis (WI) Larry W. Minor, • Mail: Docket Management Facility;
Daniel Dellaserra (CA) Associate Administrator for Policy. U.S. Department of Transportation, 1200
Charles T. Gray(OK) [FR Doc. 2017–25517 Filed 11–24–17; 8:45 am] New Jersey Avenue SE., West Building
Eric A. Hilmer (WI) BILLING CODE 4910–EX–P Ground Floor, Room W12–140,
David Kietzman (WI) Washington, DC 20590–0001.
Dennis Klamm (MN) • Hand Delivery: West Building
Brian J. Wiggins (ID) DEPARTMENT OF TRANSPORTATION Ground Floor, Room W12–140, 1200
The drivers were included in docket New Jersey Avenue SE., Washington,
number FMCSA–2010–0203; FMCSA– Federal Motor Carrier Safety DC, between 9 a.m. and 5 p.m., ET,
2011–0389; FMCSA–2012–0050; Administration Monday through Friday, except Federal
FMCSA–2012–0294; FMCSA–2012– [Docket No. FMCSA–2007–27801; FMCSA– Holidays.
0094; FMCSA–2014–0382; FMCSA– 2007–28536; FMCSA–2008–0175; FMCSA– • Fax: 1–202–493–2251.
2015–0116; FMCSA–2015–0117. Their 2008–0267; FMCSA–2009–0207; FMCSA– Instructions: Each submission must
exemptions are applicable as of August 2011–0192; FMCSA–2013–0181; FMCSA– include the Agency name and the
13, 2017, and will expire on August 13, 2013–0182] docket number(s) for this notice. Note
2019. that all comments received will be
Qualification of Drivers; Exemption
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posted without change to http://
IV. Conditions and Requirements Applications; Diabetes www.regulations.gov, including any
The exemptions are extended subject AGENCY: Federal Motor Carrier Safety personal information provided. Please
to the following conditions: (1) Each Administration (FMCSA), DOT. see the Privacy Act heading below for
driver must remain seizure-free and ACTION: Notice of renewal of further information.
maintain a stable treatment during the exemptions; request for comments. Docket: For access to the docket to
two-year exemption period; (2) each read background documents or
driver must submit annual reports from SUMMARY: FMCSA announces its comments, go to http://
their treating physicians attesting to the decision to renew exemptions for 99 www.regulations.gov at any time or

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Document Created: 2017-11-25 01:09:08
Document Modified: 2017-11-25 01:09:08

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 August 13, 2017. The exemptions expire on August 13, 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 56110

82 FR 56110 - 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