82 FR 58681 - 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		58681-58682
FR Document		2017-26873

FMCSA announces its decision to renew exemptions for five 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 58681-58682]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-26873]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2008-0355; FMCSA-2014-0381; FMCSA-2014-0382]


Qualification of Drivers; Exemption Applications; Epilepsy and 
Seizure Disorders

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

ACTION: Notice of final disposition.

-----------------------------------------------------------------------

SUMMARY: FMCSA announces its decision to renew exemptions for five 
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 July 12, 2017. The exemptions 
expire on July 12, 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 August 22, 2017, FMCSA published a notice announcing its 
decision to renew exemptions for five individuals from the epilepsy and 
seizure disorders prohibition in 49 CFR 391.41(b)(8) to operate a CMV 
in interstate commerce and requested comments from the public (82 FR 
39945). The public comment period ended on September 21, 2017, and two 
comments were received.
    As stated in the previous notice, FMCSA has evaluated the 
eligibility of these applicants and determined that renewing these 
exemptions 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 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.]

III. Discussion of Comments

    FMCSA received two comments in this proceeding. Both comments 
supported FMCSA granting these exemptions. However, in one, the author 
believed that the exemption renewals should be granted, but, that 
frequent visits to relevant agencies would greatly slow down the 
process for no real additional benefits. FMCSA interprets this comment 
as referring to visits to the medical specialist as part of

[[Page 58682]]

the application process. Drivers are required to visit their treating 
provider as part of the application to provide FMCSA with information 
related to the condition and current treatment. This information is 
used by the Agency to ensure that the driver is as safe as, if not 
safer than, a driver who meets the physical qualification standards.

IV. Conclusion

    Based upon its evaluation of the five exemption applications, FMCSA 
exempts the following drivers from the epilepsy and seizure disorder 
prohibition, 49 CFR 391.41(b)(8), subject to the requirements cited 
above:

Prince Austin, Jr (OH)
Frank Cekovic (PA)
Martin L. Ford (MS)
Roger Green (PA)
Michael R. Weymouth (NH)

    In accordance with 49 U.S.C. 31315, 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: December 6, 2017.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2017-26873 Filed 12-12-17; 8:45 am]
 BILLING CODE 4910-EX-P

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

VerDate Sep<11>2014 18:53 Dec 12, 2017 Jkt 244001 PO 00000 Frm 00094 Fmt 4703 Sfmt 4703 E:\FR\FM\13DEN1.SGM 13DEN1

58682 Federal Register / Vol. 82, No. 238 / Wednesday, December 13, 2017 / Notices

the application process. Drivers are these individuals who have had one or 49 CFR 391.41(b)(8) states that a person
required to visit their treating provider more seizures and are taking anti- is physically qualified to drive a CMV
as part of the application to provide seizure medication to operate CMVs in if that person has no established
FMCSA with information related to the interstate commerce. medical history or clinical diagnosis of
condition and current treatment. This DATES: The exemptions were applicable epilepsy or any other condition which
information is used by the Agency to on November 14, 2017. The exemptions is likely to cause the loss of
ensure that the driver is as safe as, if not expire on November 14, 2019. consciousness or any loss of ability to
safer than, a driver who meets the FOR FURTHER INFORMATION CONTACT: Ms. control a CMV.
physical qualification standards. Christine A. Hydock, Chief, Medical In addition to the regulations, FMCSA
Programs Division, (202) 366–4001, has published advisory criteria 1 to
IV. Conclusion assist medical examiners in determining
fmcsamedical@dot.gov, FMCSA,
Based upon its evaluation of the five Department of Transportation, 1200 whether drivers with certain medical
exemption applications, FMCSA New Jersey Avenue SE, Room W64–224, conditions are qualified to operate a
exempts the following drivers from the Washington, DC 20590–0001. Office CMV in interstate commerce. [49 CFR
epilepsy and seizure disorder hours are from 8:30 a.m. to 5 p.m., e.t., part 391, APPENDIX A TO PART 391—
prohibition, 49 CFR 391.41(b)(8), subject Monday through Friday, except Federal MEDICAL ADVISORY CRITERIA,
to the requirements cited above: holidays. If you have questions section H. Epilepsy: § 391.41(b)(8),
Prince Austin, Jr (OH) regarding viewing or submitting paragraphs 3, 4, and 5.]
Frank Cekovic (PA) material to the docket, contact Docket III. Discussion of Comments
Martin L. Ford (MS) Services, telephone (202) 366–9826.
Roger Green (PA) FMCSA received no comments in this
SUPPLEMENTARY INFORMATION: proceeding.
Michael R. Weymouth (NH)
I. Electronic Access Basis for Exemption Determination
In accordance with 49 U.S.C. 31315,
each exemption will be valid for two You may see all the comments online Under 49 U.S.C. 31136(e) and
years from the effective date unless through the Federal Document 31315(b), FMCSA may grant an
revoked earlier by FMCSA. The Management System (FDMS) at: http:// exemption from the epilepsy and
exemption will be revoked if the www.regulations.gov. seizure disorder prohibition in 49 CFR
following occurs: (1) The person fails to Docket: For access to the docket to 391.41(b)(8) if the exemption is likely to
comply with the terms and conditions read background documents or achieve an equivalent or greater level of
of the exemption; (2) the exemption has comments, go to http:// safety than would be achieved without
resulted in a lower level of safety than www.regulations.gov and/or Room the exemption. The exemption allows
was maintained prior to being granted; W12–140 on the ground level of the the applicants to operate CMVs in
or (3) continuation of the exemption West Building, 1200 New Jersey Avenue interstate commerce.
would not be consistent with the goals SE, Washington, DC, between 9 a.m. and In reaching the decision to grant these
and objectives of 49 U.S.C. 31136 and 5 p.m., e.t., Monday through Friday, exemption requests, FMCSA considered
31315. except Federal holidays. the 2007 recommendations of the
Privacy Act: In accordance with 5 Agency’s Medical Expert Panel (MEP).
Issued on: December 6, 2017. U.S.C. 553(c), DOT solicits comments
Larry W. Minor,
The January 15, 2013, Federal Register
from the public to better inform its notice (78 FR 3069) provides the current
Associate Administrator for Policy. rulemaking process. DOT posts these MEP recommendations which is the
[FR Doc. 2017–26873 Filed 12–12–17; 8:45 am] comments, without edit, including any criteria the Agency uses to grant seizure
BILLING CODE 4910–EX–P personal information the commenter
exemptions.
provides, to http://www.regulations.gov, The Agency’s decision regarding these
as described in the system of records exemption applications is based on an
DEPARTMENT OF TRANSPORTATION notice (DOT/ALL–14 FDMS), which can individualized assessment of each
be reviewed at http://www.dot.gov/ applicant’s medical information,
Federal Motor Carrier Safety privacy.
Administration including the root cause of the
II. Background respective seizure(s) and medical
[FMCSA Docket No. FMCSA–2017–0181] information about the applicant’s
On October 11, 2017, FMCSA
published a notice announcing receipt seizure history, the length of time that
Qualification of Drivers; Exemption has elapsed since the individual’s last
Applications; Epilepsy and Seizure of applications from five individuals
requesting an exemption from the seizure, the stability of each individual’s
Disorders treatment regimen and the duration of
epilepsy and seizure disorders
AGENCY: Federal Motor Carrier Safety prohibition in 49 CFR 391.41(b)(8) and time on or off of anti-seizure
Administration (FMCSA), DOT. requested comments from the public (82 medication. In addition, the Agency
ACTION: Notice of final disposition. FR 47299). The public comment period reviewed the treating clinician’s
ended on November 13, 2017, and no medical opinion related to the ability of
SUMMARY: FMCSA announces its comments were received. the driver to safely operate a CMV with
decision to exempt five individuals FMCSA has evaluated the eligibility a history of seizure and each applicant’s
from the requirement in the Federal of these applicants and determined that driving record found in the Commercial
Motor Carrier Safety Regulations Driver’s License Information System
sradovich on DSK3GMQ082PROD with NOTICES

granting exemptions to these
(FMCSRs) that interstate commercial individuals would achieve a level of (CDLIS) for commercial driver’s license
motor vehicle (CMV) drivers have ‘‘no safety equivalent to or greater than the (CDL) holders, and interstate and
established medical history or clinical level that would be achieved by
1 See http://www.ecfr.gov/cgi-bin/text-idx?SID=
diagnosis of epilepsy or any other complying with the current regulation
e47b48a9ea42dd67d999246e23d97970&mc=true&
condition which is likely to cause loss 49 CFR 391.41(b)(8). node=pt49.5.391&rgn=div5#ap49.5.391_171.a and
of consciousness or any loss of ability to The physical qualification standard https://www.gpo.gov/fdsys/pkg/CFR-2015-title49-
control a CMV.’’ The exemptions enable for drivers regarding epilepsy found in vol5/pdf/CFR-2015-title49-vol5-part391-appA.pdf.

VerDate Sep<11>2014 18:53 Dec 12, 2017 Jkt 244001 PO 00000 Frm 00095 Fmt 4703 Sfmt 4703 E:\FR\FM\13DEN1.SGM 13DEN1

Document Created: 2017-12-13 01:23:55
Document Modified: 2017-12-13 01:23:55

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 July 12, 2017. The exemptions expire on July 12, 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 58681

82 FR 58681 - 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