82 FR 58682 - 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		58682-58683
FR Document		2017-26874

FMCSA announces its decision to exempt 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 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 58682-58683]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-26874]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[FMCSA Docket No. FMCSA-2017-0181]


Qualification of Drivers; Exemption Applications; Epilepsy and 
Seizure Disorders

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

ACTION: Notice of final disposition.

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SUMMARY: FMCSA announces its decision to exempt 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 operate CMVs in interstate commerce.

DATES: The exemptions were applicable on November 14, 2017. The 
exemptions expire on November 14, 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 October 11, 2017, FMCSA published a notice announcing receipt of 
applications from five individuals requesting an exemption from the 
epilepsy and seizure disorders prohibition in 49 CFR 391.41(b)(8) and 
requested comments from the public (82 FR 47299). The public comment 
period ended on November 13, 2017, and no comments were received.
    FMCSA has evaluated the eligibility of these applicants and 
determined that granting exemptions to these individuals 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 \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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III. Discussion of Comments

    FMCSA received no comments in this proceeding.

Basis for Exemption Determination

    Under 49 U.S.C. 31136(e) and 31315(b), FMCSA may grant an exemption 
from the epilepsy and seizure disorder prohibition in 49 CFR 
391.41(b)(8) if the exemption is likely to achieve an equivalent or 
greater level of safety than would be achieved without the exemption. 
The exemption allows the applicants to operate CMVs in interstate 
commerce.
    In reaching the decision to grant these exemption requests, FMCSA 
considered the 2007 recommendations of the Agency's Medical Expert 
Panel (MEP). The January 15, 2013, Federal Register notice (78 FR 3069) 
provides the current MEP recommendations which is the criteria the 
Agency uses to grant seizure exemptions.
    The Agency's decision regarding these exemption applications is 
based on an individualized assessment of each applicant's medical 
information, including the root cause of the respective seizure(s) and 
medical information about the applicant's seizure history, the length 
of time that has elapsed since the individual's last seizure, the 
stability of each individual's treatment regimen and the duration of 
time on or off of anti-seizure medication. In addition, the Agency 
reviewed the treating clinician's medical opinion related to the 
ability of the driver to safely operate a CMV with a history of seizure 
and each applicant's driving record found in the Commercial Driver's 
License Information System (CDLIS) for commercial driver's license 
(CDL) holders, and interstate and

[[Page 58683]]

intrastate inspections recorded in the Motor Carrier Management 
Information System (MCMIS). For non-CDL holders, the Agency reviewed 
the driving records from the State Driver's Licensing Agency (SDLA). A 
summary of each applicant's seizure history was discussed in the 
October 11, 2017 Federal Register notice (82 FR 47299) and will not be 
repeated in this notice.
    These five applicants have been seizure-free over a range of 23 
years while taking anti-seizure medication and maintained a stable 
medication treatment regimen for the last two years. In each case, the 
applicant's treating physician verified his or her seizure history and 
supports the ability to drive commercially.
    The Agency acknowledges the potential consequences of a driver 
experiencing a seizure while operating a CMV. However, the Agency 
believes the drivers granted this exemption have demonstrated that they 
are unlikely to have a seizure and their medical condition does not 
pose a risk to public safety.
    Consequently, FMCSA finds that in each case exempting these 
applicants from the epilepsy and seizure disorder prohibition in 49 CFR 
391.41(b)(8) is likely to achieve a level of safety equal to that 
existing without the exemption.

IV. Conditions and Requirements

    The terms and conditions of the exemption are provided to the 
applicants in the exemption document and includes the following: (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.

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 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:

Gary T. Clark (KY)
Gary J. Gress (PA)
Joseph R. Lamkin (KY)
Kenneth L. Lewis (NC)
Sean C. Moran (MA)

    In accordance with 49 U.S.C. 31315(b)(1), 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. 2017-26874 Filed 12-12-17; 8:45 am]
 BILLING CODE 4910-EX-P

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

Federal Register / Vol. 82, No. 238 / Wednesday, December 13, 2017 / Notices 58683

intrastate inspections recorded in the VI. Conclusion Monday through Friday, except Federal
Motor Carrier Management Information Based upon its evaluation of the five holidays. If you have questions
System (MCMIS). For non-CDL holders, exemption applications, FMCSA regarding viewing or submitting
the Agency reviewed the driving records exempts the following drivers from the material to the docket, contact Docket
from the State Driver’s Licensing epilepsy and seizure disorder Services, telephone (202) 366–9826.
Agency (SDLA). A summary of each prohibition, 49 CFR 391.41(b)(8), subject SUPPLEMENTARY INFORMATION:
applicant’s seizure history was to the requirements cited above:
discussed in the October 11, 2017 I. Electronic Access
Federal Register notice (82 FR 47299) Gary T. Clark (KY) You may see all the comments online
and will not be repeated in this notice. Gary J. Gress (PA) through the Federal Document
Joseph R. Lamkin (KY) Management System (FDMS) at: http://
These five applicants have been Kenneth L. Lewis (NC)
seizure-free over a range of 23 years www.regulations.gov.
Sean C. Moran (MA) Docket: For access to the docket to
while taking anti-seizure medication In accordance with 49 U.S.C.
and maintained a stable medication read background documents or
31315(b)(1), each exemption will be comments, go to http://
treatment regimen for the last two years. valid for two years from the effective
In each case, the applicant’s treating www.regulations.gov and/or Room
date unless revoked earlier by FMCSA. W12–140 on the ground level of the
physician verified his or her seizure The exemption will be revoked if the
history and supports the ability to drive West Building, 1200 New Jersey Avenue
following occurs: (1) The person fails to SE, Washington, DC, between 9 a.m. and
commercially. comply with the terms and conditions 5 p.m., e.t., Monday through Friday,
The Agency acknowledges the of the exemption; (2) the exemption has except Federal holidays.
potential consequences of a driver resulted in a lower level of safety than Privacy Act: In accordance with 5
experiencing a seizure while operating a was maintained prior to being granted; U.S.C. 553(c), DOT solicits comments
CMV. However, the Agency believes the or (3) continuation of the exemption from the public to better inform its
drivers granted this exemption have would not be consistent with the goals rulemaking process. DOT posts these
demonstrated that they are unlikely to and objectives of 49 U.S.C. 31136 and comments, without edit, including any
have a seizure and their medical 31315. personal information the commenter
condition does not pose a risk to public provides, to http://www.regulations.gov,
Issued on: December 6, 2017.
safety. as described in the system of records
Larry W. Minor,
Consequently, FMCSA finds that in notice (DOT/ALL–14 FDMS), which can
Associate Administrator for Policy.
each case exempting these applicants be reviewed at http://www.dot.gov/
[FR Doc. 2017–26874 Filed 12–12–17; 8:45 am]
from the epilepsy and seizure disorder privacy.
BILLING CODE 4910–EX–P
prohibition in 49 CFR 391.41(b)(8) is II. Background
likely to achieve a level of safety equal
to that existing without the exemption. On August 24, 2017, FMCSA
DEPARTMENT OF TRANSPORTATION published a notice announcing receipt
IV. Conditions and Requirements of applications from 51 individuals
Federal Motor Carrier Safety
requesting an exemption from diabetes
The terms and conditions of the Administration
requirement in 49 CFR 391.41(b)(3) and
exemption are provided to the
[Docket No. FMCSA–2017–0041] requested comments from the public (82
applicants in the exemption document
FR 40221). The public comment period
and includes the following: (1) Each Qualification of Drivers; Exemption ended on September 25, 2017, and four
driver must remain seizure-free and Applications; Diabetes Mellitus comments were received.
maintain a stable treatment during the
AGENCY: Federal Motor Carrier Safety FMCSA has evaluated the eligibility
two-year exemption period; (2) each
Administration (FMCSA), DOT. of these applicants and determined that
driver must submit annual reports from
granting the exemptions to these
their treating physicians attesting to the ACTION: Notice of final disposition.
individuals would achieve a level of
stability of treatment and that the driver
SUMMARY: FMCSA announces its safety equivalent to or greater than the
has remained seizure-free; (3) each
decision to exempt 51 individuals from level that would be achieved by
driver must undergo an annual medical
the prohibition in the Federal Motor complying with the current regulation
examination by a certified Medical
Carrier Safety Regulations (FMCSRs) 49 CFR 391.41(b)(3).
Examiner, as defined by 49 CFR 390.5; The physical qualification standard
and (4) each driver must provide a copy against persons with insulin-treated
diabetes mellitus (ITDM) from operating for drivers regarding diabetes found in
of the annual medical certification to 49 CFR 391.41(b)(3) states that a person
the employer for retention in the a commercial motor vehicle (CMV) in
interstate commerce. The exemptions is physically qualified to drive a CMV
driver’s qualification file, or keep a copy if that person has no established
of his/her driver’s qualification file if enable these individuals with ITDM to
operate CMVs in interstate commerce. medical history or clinical diagnosis of
he/she is self-employed. The driver diabetes mellitus currently requiring
must also have a copy of the exemption DATES: The exemptions were applicable
insulin for control.
when driving, for presentation to a duly on September 26, 2017. The exemptions
authorized Federal, State, or local expire on September 26, 2019. III. Discussion of Comments
enforcement official. FOR FURTHER INFORMATION CONTACT: Ms. FMCSA received four comments in
sradovich on DSK3GMQ082PROD with NOTICES

V. Preemption Christine A. Hydock, Chief, Medical this proceeding. Randall Lambdin,
Programs Division, (202) 366–4001, Trenton Colyer, and Joe Schneider
During the period the exemption is in fmcsamedical@dot.gov, FMCSA, stated that they are in favor of granting
effect, no State shall enforce any law or Department of Transportation, 1200 Matthew Follis an exemption because
regulation that conflicts with this New Jersey Avenue SE, Room W64–224, they believe he is a safe driver. Vicky
exemption with respect to a person Washington, DC 20590–0001. Office Johnson stated that Minnesota DVS is in
operating under the exemption. hours are from 8:30 a.m. to 5 p.m., e.t., favor of granting exemptions to the

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Document Created: 2017-12-13 01:23:29
Document Modified: 2017-12-13 01:23:29

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 November 14, 2017. The exemptions expire on November 14, 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 58682

82 FR 58682 - 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