82 FR 58680 - Qualification of Drivers; Exemption Applications; Epilepsy and Seizure Disorders

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration

Federal Register Volume 82, Issue 238 (December 13, 2017)

Page Range		58680-58681
FR Document		2017-26868

FMCSA announces its decision to renew exemptions for six 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 238 (Wednesday, December 13, 2017)

[Federal Register Volume 82, Number 238 (Wednesday, December 13, 2017)]
[Notices]
[Pages 58680-58681]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-26868]



[[Page 58680]]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2011-0389; FMCSA-2012-0094; FMCSA-2013-0107; FMCSA-
2014-0381; FMCSA-2015-0116]


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 six 
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 November 6, 2017. The 
exemptions expire on November 6, 2019. Comments must be received on or 
before January 12, 2018.

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-2011-0389; FMCSA-2012-0094; 
FMCSA-2013-0107; FMCSA-2014-0381; FMCSA-2015-0116; 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., e.t., 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 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 six 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 six 
applicants has satisfied the renewal conditions for obtaining an 
exemption from the epilepsy and seizure disorders prohibition. The six 
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 November 6, 2017, and in accordance with 49 U.S.C. 31136(e) 
and

[[Page 58681]]

31315, the following six individuals have satisfied the renewal 
conditions for obtaining an exemption from the epilepsy and seizure 
disorders prohibition in the FMCSRs for interstate CMV drivers:

Christopher Bird, (OH)
Ronald Bohr, (IA)
Michael Breitbach, (IA)
William H. Brown, (NC)
Joseph D'Angelo, (NY)
Stephen Stawinsky, (PA)

    The drivers were included in docket numbers FMCSA-2011-0389; FMCSA-
2012-0094; FMCSA-2013-0107; FMCSA-2014-0381; FMCSA-2015-0116. Their 
exemptions are applicable as of November 6, 2017, and will expire on 
November 6, 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 six 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: December 6, 2017.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2017-26868 Filed 12-12-17; 8:45 am]
 BILLING CODE 4910-EX-P

58680 Federal Register / Vol. 82, No. 238 / Wednesday, December 13, 2017 / Notices

DEPARTMENT OF TRANSPORTATION New Jersey Avenue SE, Washington, Medical Examiners in determining
DC, between 9 a.m. and 5 p.m., e.t., whether drivers with certain medical
Federal Motor Carrier Safety Monday through Friday, except Federal conditions are qualified to operate a
Administration Holidays. CMV in interstate commerce. [49 CFR
[Docket No. FMCSA–2011–0389; FMCSA–
• Fax: 1–202–493–2251. part 391, APPENDIX A TO PART 391—
2012–0094; FMCSA–2013–0107; FMCSA– Instructions: Each submission must MEDICAL ADVISORY CRITERIA,
2014–0381; FMCSA–2015–0116] include the Agency name and the section H. Epilepsy: § 391.41(b)(8),
docket number(s) for this notice. Note paragraphs 3, 4, and 5.]
Qualification of Drivers; Exemption that all comments received will be The six individuals listed in this
Applications; Epilepsy and Seizure posted without change to http:// notice have requested renewal of their
Disorders www.regulations.gov, including any exemptions from the epilepsy and
personal information provided. Please seizure disorders prohibition in 49 CFR
AGENCY: Federal Motor Carrier Safety see the Privacy Act heading below for 391.41(b)(8), in accordance with
Administration (FMCSA), DOT. further information. FMCSA procedures. Accordingly,
ACTION: Notice of renewal of Docket: For access to the docket to FMCSA has evaluated these
exemptions; request for comments. read background documents or applications for renewal on their merits
SUMMARY: FMCSA announces its comments, go to http:// and decided to extend each exemption
decision to renew exemptions for six www.regulations.gov at any time or for a renewable two-year period.
individuals from the requirement in the Room W12–140 on the ground level of
the West Building, 1200 New Jersey II. Request for Comments
Federal Motor Carrier Safety
Avenue SE, Washington, DC, between 9 Interested parties or organizations
Regulations (FMCSRs) that interstate
a.m. and 5 p.m., e.t., Monday through possessing information that would
commercial motor vehicle (CMV)
Friday, except Federal holidays. The otherwise show that any, or all, of these
drivers have ‘‘no established medical drivers are not currently achieving the
history or clinical diagnosis of epilepsy FDMS is available 24 hours each day
e.t., 365 days each year. If you want statutory level of safety should
or any other condition which is likely immediately notify FMCSA. The
to cause loss of consciousness or any acknowledgment that we received your
comments, please include a self- Agency will evaluate any adverse
loss of ability to control a CMV.’’ The evidence submitted and, if safety is
exemptions enable these individuals addressed, stamped envelope or
postcard or print the acknowledgement being compromised or if continuation of
who have had one or more seizures and the exemption would not be consistent
are taking anti-seizure medication to page that appears after submitting
comments online. with the goals and objectives of 49
continue to operate CMVs in interstate U.S.C. 31136(e) and 31315, FMCSA will
Privacy Act: In accordance with 5
commerce. take immediate steps to revoke the
U.S.C. 553(c), DOT solicits comments
DATES: The exemptions were applicable from the public to better inform its exemption of a driver.
on November 6, 2017. The exemptions rulemaking process. DOT posts these
expire on November 6, 2019. Comments III. Basis for Renewing Exemptions
comments, without edit, including any
must be received on or before January personal information the commenter In accordance with 49 U.S.C. 31136(e)
12, 2018. provides, to http://www.regulations.gov, and 31315, each of the six applicants
FOR FURTHER INFORMATION CONTACT: Ms. as described in the system of records has satisfied the renewal conditions for
Christine A. Hydock, Chief, Medical notice (DOT/ALL–14 FDMS), which can obtaining an exemption from the
Programs Division, 202–366–4001, be reviewed at http://www.dot.gov/ epilepsy and seizure disorders
fmcsamedical@dot.gov, FMCSA, privacy. prohibition. The six drivers in this
Department of Transportation, 1200 notice remain in good standing with the
New Jersey Avenue SE, Room W64–224, I. Background Agency, have maintained their medical
Washington, DC 20590–0001. Office Under 49 U.S.C. 31136(e) and 31315, monitoring and have not exhibited any
hours are from 8:30 a.m. to 5 p.m., e.t., FMCSA may grant an exemption for five medical issues that would compromise
Monday through Friday, except Federal years if it finds ‘‘such exemption would their ability to safely operate a CMV
holidays. If you have questions likely achieve a level of safety that is during the previous two-year exemption
regarding viewing or submitting equivalent to or greater than the level period. In addition, for Commercial
material to the docket, contact Docket that would be achieved absent such Driver’s License (CDL) holders, the
Services, telephone (202) 366–9826. exemption.’’ The statute also allows the Commercial Driver’s License
ADDRESSES: You may submit comments Agency to renew exemptions at the end Information System (CDLIS) and the
bearing the Federal Docket Management of the five-year period. FMCSA grants Motor Carrier Management Information
System (FDMS) Docket No. FMCSA– exemptions from the FMCSRs for a two- System (MCMIS) are searched for crash
2011–0389; FMCSA–2012–0094; year period to align with the maximum and violation data. For non-CDL
FMCSA–2013–0107; FMCSA–2014– duration of a driver’s medical holders, the Agency reviews the driving
0381; FMCSA–2015–0116; using any of certification. records from the State Driver’s
the following methods: The physical qualification standard Licensing Agency (SDLA). These factors
• Federal eRulemaking Portal: Go to for drivers regarding epilepsy found in provide an adequate basis for predicting
http://www.regulations.gov. Follow the 49 CFR 391.41(b)(8) states that a person each driver’s ability to continue to
online instructions for submitting is physically qualified to drive a CMV safely operate a CMV in interstate
sradovich on DSK3GMQ082PROD with NOTICES

comments. if that person has no established commerce. Therefore, FMCSA
• Mail: Docket Management Facility; medical history or clinical diagnosis of concludes that extending the exemption
U.S. Department of Transportation, 1200 epilepsy or any other condition which for each renewal applicant for a period
New Jersey Avenue SE, West Building is likely to cause the loss of of two years is likely to achieve a level
Ground Floor, Room W12–140, consciousness or any loss of ability to of safety equal to that existing without
Washington, DC 20590–0001. control a CMV. the exemption.
• Hand Delivery: West Building In addition to the regulations, FMCSA As of November 6, 2017, and in
Ground Floor, Room W12–140, 1200 has published advisory criteria to assist accordance with 49 U.S.C. 31136(e) and

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Federal Register / Vol. 82, No. 238 / Wednesday, December 13, 2017 / Notices 58681

31315, the following six individuals will be valid for two years unless West Building, 1200 New Jersey Avenue
have satisfied the renewal conditions for revoked earlier by FMCSA. SE, Washington, DC, between 9 a.m. and
obtaining an exemption from the Issued on: December 6, 2017. 5 p.m., e.t., Monday through Friday,
epilepsy and seizure disorders Larry W. Minor,
except Federal holidays.
prohibition in the FMCSRs for interstate Privacy Act: In accordance with 5
Associate Administrator for Policy. U.S.C. 553(c), DOT solicits comments
CMV drivers:
[FR Doc. 2017–26868 Filed 12–12–17; 8:45 am] from the public to better inform its
Christopher Bird, (OH)
Ronald Bohr, (IA)
BILLING CODE 4910–EX–P rulemaking process. DOT posts these
Michael Breitbach, (IA) comments, without edit, including any
William H. Brown, (NC) personal information the commenter
DEPARTMENT OF TRANSPORTATION provides, to http://www.regulations.gov,
Joseph D’Angelo, (NY)
Stephen Stawinsky, (PA) as described in the system of records
Federal Motor Carrier Safety
notice (DOT/ALL–14 FDMS), which can
The drivers were included in docket Administration
be reviewed at http://www.dot.gov/
numbers FMCSA–2011–0389; FMCSA– [Docket No. FMCSA–2008–0355; FMCSA– privacy.
2012–0094; FMCSA–2013–0107; 2014–0381; FMCSA–2014–0382]
FMCSA–2014–0381; FMCSA–2015– II. Background
0116. Their exemptions are applicable Qualification of Drivers; Exemption On August 22, 2017, FMCSA
as of November 6, 2017, and will expire Applications; Epilepsy and Seizure published a notice announcing its
on November 6, 2019. Disorders decision to renew exemptions for five
IV. Conditions and Requirements AGENCY: Federal Motor Carrier Safety individuals from the epilepsy and
Administration (FMCSA), DOT. seizure disorders prohibition in 49 CFR
The exemptions are extended subject 391.41(b)(8) to operate a CMV in
to the following conditions: (1) Each ACTION: Notice of final disposition.
interstate commerce and requested
driver must remain seizure-free and comments from the public (82 FR
SUMMARY: FMCSA announces its
maintain a stable treatment during the 39945). The public comment period
decision to renew exemptions for five
two-year exemption period; (2) each ended on September 21, 2017, and two
individuals from the requirement in the
driver must submit annual reports from comments were received.
Federal Motor Carrier Safety
their treating physicians attesting to the As stated in the previous notice,
Regulations (FMCSRs) that interstate
stability of treatment and that the driver FMCSA has evaluated the eligibility of
commercial motor vehicle (CMV)
has remained seizure-free; (3) each these applicants and determined that
drivers have ‘‘no established medical
driver must undergo an annual medical renewing these exemptions would
history or clinical diagnosis of epilepsy
examination by a certified Medical achieve a level of safety equivalent to or
or any other condition which is likely
Examiner, as defined by 49 CFR 390.5; greater than the level that would be
to cause loss of consciousness or any
and (4) each driver must provide a copy achieved by complying with the current
loss of ability to control a CMV.’’ The
of the annual medical certification to regulation 49 CFR 391.41(b)(8).
exemptions enable these individuals
the employer for retention in the The physical qualification standard
who have had one or more seizures and
driver’s qualification file, or keep a copy for drivers regarding epilepsy found in
are taking anti-seizure medication to
of his/her driver’s qualification file if 49 CFR 391.41(b)(8) states that a person
continue to operate CMVs in interstate
he/she is self-employed. The driver is physically qualified to drive a CMV
commerce.
must also have a copy of the exemption if that person has no established
when driving, for presentation to a duly DATES: The exemptions were applicable
medical history or clinical diagnosis of
authorized Federal, State, or local on July 12, 2017. The exemptions expire epilepsy or any other condition which
enforcement official. The exemption on July 12, 2019. is likely to cause the loss of
will be rescinded if: (1) The person fails FOR FURTHER INFORMATION CONTACT: Ms. consciousness or any loss of ability to
to comply with the terms and Christine A. Hydock, Chief, Medical control a CMV.
conditions of the exemption; (2) the Programs Division, (202) 366–4001, In addition to the regulations, FMCSA
exemption has resulted in a lower level fmcsamedical@dot.gov, FMCSA, has published advisory criteria to assist
of safety than was maintained before it Department of Transportation, 1200 Medical Examiners in determining
was granted; or (3) continuation of the New Jersey Avenue SE, Room W64–224, whether drivers with certain medical
exemption would not be consistent with Washington, DC 20590–0001. Office conditions are qualified to operate a
the goals and objectives of 49 U.S.C. hours are from 8:30 a.m. to 5 p.m., e.t., CMV in interstate commerce. [49 CFR
31136(e) and 31315. Monday through Friday, except Federal part 391, APPENDIX A TO PART 391—
holidays. If you have questions MEDICAL ADVISORY CRITERIA,
V. Preemption regarding viewing or submitting section H. Epilepsy: § 391.41(b)(8),
During the period the exemption is in material to the docket, contact Docket paragraphs 3, 4, and 5.]
effect, no State shall enforce any law or Services, telephone (202) 366–9826.
regulation that conflicts with this III. Discussion of Comments
SUPPLEMENTARY INFORMATION:
exemption with respect to a person FMCSA received two comments in
operating under the exemption. I. Electronic Access this proceeding. Both comments
You may see all the comments online supported FMCSA granting these
VI. Conclusion exemptions. However, in one, the
sradovich on DSK3GMQ082PROD with NOTICES

through the Federal Document
Based upon its evaluation of the six Management System (FDMS) at: http:// author believed that the exemption
exemption applications, FMCSA renews www.regulations.gov. renewals should be granted, but, that
the exemptions of the aforementioned Docket: For access to the docket to frequent visits to relevant agencies
drivers from the epilepsy and seizure read background documents or would greatly slow down the process for
disorders prohibition in 49 CFR 391.41 comments, go to http:// no real additional benefits. FMCSA
(b)(8). In accordance with 49 U.S.C. www.regulations.gov and/or Room interprets this comment as referring to
31136(e) and 31315, each exemption W12–140 on the ground level of the visits to the medical specialist as part of

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Document Created: 2017-12-13 01:23:40
Document Modified: 2017-12-13 01:23:40

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 November 6, 2017. The exemptions expire on November 6, 2019. Comments must be received on or before January 12, 2018.
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 58680

82 FR 58680 - Qualification of Drivers; Exemption Applications; Epilepsy and Seizure Disorders

DEPARTMENT OF TRANSPORTATIONFederal Motor Carrier Safety Administration

Federal Register Volume 82, Issue 238 (December 13, 2017)

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration