83 FR 12645 - Qualification of Drivers; Exemption Applications; Epilepsy and Seizure Disorders

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration

Federal Register Volume 83, Issue 56 (March 22, 2018)

Page Range		12645-12646
FR Document		2018-05863

FMCSA announces its decision to exempt four 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 83 Issue 56 (Thursday, March 22, 2018)

[Federal Register Volume 83, Number 56 (Thursday, March 22, 2018)]
[Notices]
[Pages 12645-12646]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-05863]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[FMCSA Docket No. FMCSA-2017-0253]


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 four 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 February 19, 2018. The 
exemptions expire on February 19, 2020.

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 January 16, 2018, FMCSA published a notice announcing receipt of 
applications from four individuals requesting an exemption from the 
epilepsy and seizure disorders prohibition in 49 CFR 391.41(b)(8) and 
requested comments from the public (83 FR 2298). The public comment 
period ended on February 15, 2018, and zero 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 zero comments in this proceeding.

IV. 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 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

[[Page 12646]]

discussed in the January 16, 2018 Federal Register notice (83 FR 2298) 
and will not be repeated in this notice.
    These four applicants have been seizure-free over a range of 17 
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.

V. 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.

VI. 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.

VII. Conclusion

    Based upon its evaluation of the four 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:

Anthony Anello, III (NJ)
Anthony J. Kornuszko, Jr. (PA)
Jeffrey W. Mills (NC)
Jaime D. Paggen (MN)

    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: March 16, 2018.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2018-05863 Filed 3-21-18; 8:45 am]
 BILLING CODE 4910-EX-P

12646 Federal Register / Vol. 83, No. 56 / Thursday, March 22, 2018 / Notices

discussed in the January 16, 2018 Anthony J. Kornuszko, Jr. (PA) • Hand Delivery: U.S. Department of
Federal Register notice (83 FR 2298) Jeffrey W. Mills (NC) Transportation, Docket Operations,
and will not be repeated in this notice. Jaime D. Paggen (MN) West Building Ground Floor, Room
These four applicants have been In accordance with 49 U.S.C. W12–140, 1200 New Jersey Avenue SE,
seizure-free over a range of 17 years 31315(b)(1), each exemption will be Washington, DC 20590, between 9 a.m.
while taking anti-seizure medication valid for two years from the effective and 5 p.m., Monday through Friday,
and maintained a stable medication date unless revoked earlier by FMCSA. except Federal holidays; or
treatment regimen for the last two years. The exemption will be revoked if the • Electronically through the Federal
In each case, the applicant’s treating following occurs: (1) The person fails to eRulemaking Portal, http://
physician verified his or her seizure comply with the terms and conditions www.regulations.gov. Follow the online
history and supports the ability to drive of the exemption; (2) the exemption has instructions for submitting comments.
commercially. resulted in a lower level of safety than Instructions: All submissions must
The Agency acknowledges the was maintained prior to being granted; include the agency name, docket name,
potential consequences of a driver or (3) continuation of the exemption and docket number for this RFI (FRA–
experiencing a seizure while operating a would not be consistent with the goals 2018–0027). Note that all comments and
CMV. However, the Agency believes the and objectives of 49 U.S.C. 31136 and data received in response to this RFI
drivers granted this exemption have 31315. will be posted without change to http://
demonstrated that they are unlikely to www.regulations.gov, including any
have a seizure and their medical Issued on: March 16, 2018.
personal information provided. Please
condition does not pose a risk to public Larry W. Minor, see the Privacy Act heading in the
safety. Associate Administrator for Policy. SUPPLEMENTARY INFORMATION section of
Consequently, FMCSA finds that in [FR Doc. 2018–05863 Filed 3–21–18; 8:45 am] this document for Privacy Act
each case exempting these applicants BILLING CODE 4910–EX–P information related to any submitted
from the epilepsy and seizure disorder comments or materials.
prohibition in 49 CFR 391.41(b)(8) is Docket: For access to the docket to
likely to achieve a level of safety equal DEPARTMENT OF TRANSPORTATION read comments received, go to http://
to that existing without the exemption. www.regulations.gov at any time or to
Federal Railroad Administration U.S. Department of Transportation,
V. Conditions and Requirements
Docket Operations, M–30, West
The terms and conditions of the [Docket No. FRA–2018–0027]
Building Ground Floor, Room W12–140,
exemption are provided to the
Automation in the Railroad Industry 1200 New Jersey Avenue SE,
applicants in the exemption document
Washington, DC, between 9 a.m. and 5
and includes the following: (1) Each AGENCY: Federal Railroad p.m., Monday through Friday, except
driver must remain seizure-free and Administration (FRA), Department of Federal holidays.
maintain a stable treatment during the Transportation (DOT).
two-year exemption period; (2) each FOR FURTHER INFORMATION CONTACT:
ACTION: Request for Information (RFI). Peter Cipriano, Special Assistant to the
driver must submit annual reports from
their treating physicians attesting to the Administrator, Federal Railroad
SUMMARY: FRA requests information and Administration, 1200 New Jersey
stability of treatment and that the driver comment on the future of automation in
has remained seizure-free; (3) each Avenue SE, Washington, DC 20590
the railroad industry. FRA is interested (telephone: 202–493–6017),
driver must undergo an annual medical in hearing from industry stakeholders,
examination by a certified Medical peter.cipriano@dot.gov.
the public, local and State governments,
Examiner, as defined by 49 CFR 390.5; SUPPLEMENTARY INFORMATION:
and any other interested parties on the
and (4) each driver must provide a copy extent to which they believe railroad I. Overview
of the annual medical certification to operations can (and should) be
the employer for retention in the FRA seeks to understand the current
automated, and the potential benefits, stage and development of automated
driver’s qualification file, or keep a copy costs, risks, and challenges to achieving
of his/her driver’s qualification file if railroad operations and how the agency
such automation. FRA also seeks can best position itself to support the
he/she is self-employed. The driver comment on how the agency can best
must also have a copy of the exemption integration and implementation of new
support the railroad industry’s automation technologies to increase the
when driving, for presentation to a duly development and implementation of
authorized Federal, State, or local safety, reliability, and the capacity of
new and emerging technologies in the nation’s railroad system. As in other
enforcement official. automation that will lead to continuous transportation modes, there are varying
VI. Preemption safety improvements and increased levels of automation that already are, or
efficiencies in railroad operations. could potentially be, implemented in
During the period the exemption is in
effect, no State shall enforce any law or DATES: Comments and information the railroad industry. Currently, U.S.
regulation that conflicts with this responsive to this request should be passenger and freight railroads do not
exemption with respect to a person received by May 7, 2018. have a fully autonomous rail operation
operating under the exemption. ADDRESSES: You may submit in revenue service; however, railroads
information and comments identified by commonly use automated systems for
VII. Conclusion the docket number FRA–2018–0027 by dispatching, meet and pass trip
daltland on DSKBBV9HB2PROD with NOTICES

Based upon its evaluation of the four any one of the following methods: planning, locomotive fuel trip time
exemption applications, FMCSA • Fax: 1–202–493–2251; optimization, and signaling and train
exempts the following drivers from the • Mail: U.S. Department of control. Railroads conduct many
epilepsy and seizure disorder Transportation, Docket Operations, M– switching and yard operations by
prohibition, 49 CFR 391.41(b)(8), subject 30, West Building Ground Floor, Room remote control and automated
to the requirements cited above: W12–140, 1200 New Jersey Avenue SE, equipment and track inspections
Anthony Anello, III (NJ) Washington, DC 20590; technologies are used to augment

VerDate Sep<11>2014 19:32 Mar 21, 2018 Jkt 244001 PO 00000 Frm 00087 Fmt 4703 Sfmt 4703 E:\FR\FM\22MRN1.SGM 22MRN1

Document Created: 2018-03-22 01:25:04
Document Modified: 2018-03-22 01:25:04

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 February 19, 2018. The exemptions expire on February 19, 2020.
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		83 FR 12645

83 FR 12645 - Qualification of Drivers; Exemption Applications; Epilepsy and Seizure Disorders

DEPARTMENT OF TRANSPORTATIONFederal Motor Carrier Safety Administration

Federal Register Volume 83, Issue 56 (March 22, 2018)

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration