83 FR 17893 - Qualification of Drivers; Exemption Applications; Epilepsy and Seizure Disorders

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration

Federal Register Volume 83, Issue 79 (April 24, 2018)

Page Range		17893-17894
FR Document		2018-08510

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

Federal Register, Volume 83 Issue 79 (Tuesday, April 24, 2018)

[Federal Register Volume 83, Number 79 (Tuesday, April 24, 2018)]
[Notices]
[Pages 17893-17894]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-08510]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[FMCSA Docket No. FMCSA-2017-0254]


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 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 operate CMVs in interstate commerce.

DATES: The exemptions were applicable on March 22, 2018. The exemptions 
expire on March 22, 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 February 14, 2018, FMCSA published a notice announcing receipt 
of applications from six 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 6717). The public comment 
period ended on March 16, 2018, 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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[[Page 17894]]

III. Discussion of Comments

    FMCSA received no 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 discussed in the February 14, 2018 Federal Register notice 
(83 FR 6718) and will not be repeated in this notice.
    These six applicants have been seizure-free over a range of 31 
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 six 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:

Eriki M. Galloway (TN)
Aaron J. Harms (MO)
Matthew M. Heinen (MN)
Grant M. Johnson (OR)
Derick R. Pendergrass (NC)
Paul D. Vitous (WA)

    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: April 18, 2018.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2018-08510 Filed 4-23-18; 8:45 am]
 BILLING CODE 4910-EX-P

Federal Register / Vol. 83, No. 79 / Tuesday, April 24, 2018 / Notices 17893

Chad E. Anger (WI) exemption will be revoked if the Management System (FDMS) at: http://
Edward Blake (GA) following occurs: (1) the person fails to www.regulations.gov.
Brian Chase (VA) comply with the terms and conditions Docket: For access to the docket to
Nicholas P. Dube (RI) of the exemption; (2) the exemption has read background documents or
James W. Dusing (MN) resulted in a lower level of safety than comments, go to http://
Manel Elizondo (TX) was maintained prior to being granted; www.regulations.gov and/or Room
Michael K. Farris (IN) or (3) continuation of the exemption W12–140 on the ground level of the
Menino Fernandes (IL) would not be consistent with the goals West Building, 1200 New Jersey
Craig J. Gadley, Sr. (NY) and objectives of 49 U.S.C. 31136 and Avenue, SE, Washington, DC, between 9
Mary F. Guilfoy (IN) 31315. a.m. and 5 p.m., e.t., Monday through
Matthew E. Hay (TX) Issued on: April 18, 2018. Friday, except Federal holidays.
Edward S. Ionescu (IL) Privacy Act: In accordance with 5
Larry W. Minor,
Jeffrey P. James (AR) U.S.C. 553(c), DOT solicits comments
Tracy N. Jenkins (DE) Associate Administrator for Policy.
from the public to better inform its
Gregory A. King (NC) [FR Doc. 2018–08515 Filed 4–23–18; 8:45 am]
rulemaking process. DOT posts these
Matthew R. Linehan (NY) BILLING CODE 4910–EX–P
comments, without edit, including any
Cory A. Meadows (OH) personal information the commenter
Ashun R. Merritt (GA) provides, to http://www.regulations.gov,
Herbert A. Morton (CA) DEPARTMENT OF TRANSPORTATION
as described in the system of records
Jayrome B. Rimolde (MN) notice (DOT/ALL–14 FDMS), which can
Federal Motor Carrier Safety
Gale Roland (PA) be reviewed at http://www.dot.gov/
Administration
John L. Scherette (WA) privacy.
Kelly T. Scholl (MN)
[FMCSA Docket No. FMCSA–2017–0254] II. Background
James P. Shurkus (NH)
Gregory G. Sisco (IA) Qualification of Drivers; Exemption On February 14, 2018, FMCSA
Travers L. Stephens (GA) Applications; Epilepsy and Seizure published a notice announcing receipt
Brittany K. Tomasko (CA) Disorders of applications from six individuals
Daren Warren (NY) requesting an exemption from the
Alan T. Whalen (NY) AGENCY: Federal Motor Carrier Safety epilepsy and seizure disorders
Thomas L. Whitley (IN) Administration (FMCSA), DOT. prohibition in 49 CFR 391.41(b)(8) and
Randall S. Williams (PA) ACTION: Notice of final disposition. requested comments from the public (83
Tomme J. Wirth (IA) FR 6717). The public comment period
Joshua C. Wyse (OH) SUMMARY: FMCSA announces its ended on March 16, 2018, and no
Rowland P. Yee (HI) decision to exempt six individuals from comments were received.
The drivers were included in docket the requirement in the Federal Motor FMCSA has evaluated the eligibility
numbers FMCSA–2011–0368; FMCSA– Carrier Safety Regulations (FMCSRs) of these applicants and determined that
2013–0192. Their exemptions are that interstate commercial motor vehicle granting exemptions to these
applicable as of March 7, 2018, and will (CMV) drivers have ‘‘no established individuals would achieve a level of
expire on March 7, 2020. medical history or clinical diagnosis of safety equivalent to or greater than the
As of March 23, 2018, and in epilepsy or any other condition which level that would be achieved by
accordance with 49 U.S.C. 31136(e) and is likely to cause loss of consciousness complying with the current regulation
31315, the following 12 individuals or any loss of ability to control a CMV.’’ 49 CFR 391.41(b)(8).
have satisfied the renewal conditions for The exemptions enable these The physical qualification standard
obtaining an exemption from the rule individuals who have had one or more for drivers regarding epilepsy found in
prohibiting drivers with ITDM from seizures and are taking anti-seizure 49 CFR 391.41(b)(8) states that a person
driving CMVs in interstate commerce medication to operate CMVs in is physically qualified to drive a CMV
(77 FR 5870; 77 FR 17116; 81 FR 14210): interstate commerce. if that person has no established
Roger L. Arcan, Jr. (MA) DATES: The exemptions were applicable medical history or clinical diagnosis of
Marsha M. Colberg (WA) on March 22, 2018. The exemptions epilepsy or any other condition which
Robert D. Crissinger (MN) expire on March 22, 2020. is likely to cause the loss of
Scott W. Forsyth, Jr. (CO) FOR FURTHER INFORMATION CONTACT: Ms. consciousness or any loss of ability to
Fritz D. Gregory (UT) Christine A. Hydock, Chief, Medical control a CMV.
Anthony P. Kesselring (FL) Programs Division, (202) 366–4001, In addition to the regulations, FMCSA
Don R. Kivi (ND) fmcsamedical@dot.gov, FMCSA, has published advisory criteria 1 to
Vincent Ligotti (NY) Department of Transportation, 1200 assist medical examiners in determining
Michael R. Miller (PA) New Jersey Avenue SE, Room W64–224, whether drivers with certain medical
Jack L. Phippen (WI) Washington, DC 20590–0001. Office conditions are qualified to operate a
Richard A. Purk (CA) hours are from 8:30 a.m. to 5 p.m., e.t., CMV in interstate commerce. [49 CFR
Jack A. Tidey (AR) Monday through Friday, except Federal part 391, APPENDIX A TO PART 391—
The drivers were included in docket holidays. If you have questions MEDICAL ADVISORY CRITERIA,
number FMCSA–2011–0381. Their regarding viewing or submitting section H. Epilepsy: § 391.41(b)(8),
daltland on DSKBBV9HB2PROD with NOTICES

exemptions are applicable as of March material to the docket, contact Docket paragraphs 3, 4, and 5.]
23, 2018, and will expire on March 23, Services, telephone (202) 366–9826.
2020. SUPPLEMENTARY INFORMATION: 1 See http://www.ecfr.gov/cgi-bin/text-idx

In accordance with 49 U.S.C. 31315, ?SID=e47b48a9ea42dd67d999246e23d97970&
each exemption will be valid for two I. Electronic Access mc=true&node=pt49.5.391&rgn=div5#ap49.5.391_
171.a and https://www.gpo.gov/fdsys/pkg/CFR-
years from the effective date unless You may see all the comments online 2015-title49-vol5/pdf/CFR-2015-title49-vol5-
revoked earlier by FMCSA. The through the Federal Document part391-appA.pdf.

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17894 Federal Register / Vol. 83, No. 79 / Tuesday, April 24, 2018 / Notices

III. Discussion of Comments drivers granted this exemption have would not be consistent with the goals
FMCSA received no comments in this demonstrated that they are unlikely to and objectives of 49 U.S.C. 31136 and
proceeding. have a seizure and their medical 31315.
condition does not pose a risk to public Issued on: April 18, 2018.
IV. Basis for Exemption Determination safety. Larry W. Minor,
Under 49 U.S.C. 31136(e) and Consequently, FMCSA finds that in
Associate Administrator for Policy.
31315(b), FMCSA may grant an each case exempting these applicants
from the epilepsy and seizure disorder [FR Doc. 2018–08510 Filed 4–23–18; 8:45 am]
exemption from the epilepsy and
seizure disorder prohibition in 49 CFR prohibition in 49 CFR 391.41(b)(8) is BILLING CODE 4910–EX–P

391.41(b)(8) if the exemption is likely to likely to achieve a level of safety equal
achieve an equivalent or greater level of to that existing without the exemption.
DEPARTMENT OF TRANSPORTATION
safety than would be achieved without V. Conditions and Requirements
the exemption. The exemption allows Federal Motor Carrier Safety
The terms and conditions of the
the applicants to operate CMVs in Administration
exemption are provided to the
interstate commerce.
applicants in the exemption document [Docket No. FMCSA–2018–0073]
In reaching the decision to grant these
and includes the following: (1) Each
exemption requests, FMCSA considered Agency Information Collection
driver must remain seizure-free and
the 2007 recommendations of the Activities; Revision of a Currently-
maintain a stable treatment during the
Agency’s Medical Expert Panel (MEP). Approved Information Collection
two-year exemption period; (2) each
The January 15, 2013, Federal Register Request: Annual Report of Class I and
driver must submit annual reports from
notice (78 FR 3069) provides the current Class II Motor Carriers of Property
their treating physicians attesting to the
MEP recommendations which is the
stability of treatment and that the driver AGENCY: Federal Motor Carrier Safety
criteria the Agency uses to grant seizure
has remained seizure-free; (3) each Administration (FMCSA), DOT.
exemptions.
driver must undergo an annual medical
The Agency’s decision regarding these ACTION: Notice and request for
examination by a certified Medical
exemption applications is based on an comments.
Examiner, as defined by 49 CFR 390.5;
individualized assessment of each
and (4) each driver must provide a copy SUMMARY: In accordance with the
applicant’s medical information,
of the annual medical certification to Paperwork Reduction Act of 1995,
including the root cause of the
the employer for retention in the FMCSA announces its plan to submit
respective seizure(s) and medical
driver’s qualification file, or keep a copy the Information Collection Request (ICR)
information about the applicant’s
of his/her driver’s qualification file if described below to the Office of
seizure history, the length of time that
he/she is self-employed. The driver Management and Budget (OMB) for its
has elapsed since the individual’s last
must also have a copy of the exemption review and approval and invites public
seizure, the stability of each individual’s
when driving, for presentation to a duly comment. The FMCSA requests
treatment regimen and the duration of
authorized Federal, State, or local approval to revise and extend the
time on or off of anti-seizure
enforcement official. ‘‘Annual Report of Class I and Class II
medication. In addition, the Agency
reviewed the treating clinician’s VI. Preemption Motor Carriers of Property’’ ICR, OMB
medical opinion related to the ability of Control No. 2126–0032. This ICR is
During the period the exemption is in
the driver to safely operate a CMV with necessary to ensure that motor carriers
effect, no State shall enforce any law or
a history of seizure and each applicant’s comply with FMCSA’s financial and
regulation that conflicts with this
driving record found in the Commercial operating statistics requirements at
exemption with respect to a person
Driver’s License Information System chapter III of title 49 CFR part 369 titled
operating under the exemption.
(CDLIS) for commercial driver’s license ‘‘Reports of Motor Carriers.’’ This ICR is
(CDL) holders, and interstate and VII. Conclusion being revised to incorporate the OMB
intrastate inspections recorded in the Based upon its evaluation of the six approved ‘‘Annual Report of Class I
Motor Carrier Management Information exemption applications, FMCSA Motor Carriers of Passengers’’ ICR, OMB
System (MCMIS). For non-CDL holders, exempts the following drivers from the Control No. 2126–0031, for use of the
the Agency reviewed the driving records epilepsy and seizure disorder MP–1 form, the ‘‘Annual Report Form
from the State Driver’s Licensing prohibition, 49 CFR 391.41(b)(8), subject (Motor Carriers of Passengers),’’ which
Agency (SDLA). A summary of each to the requirements cited above: resulted in only two respondents and
applicant’s seizure history was one burden hour per year. Through the
Eriki M. Galloway (TN)
discussed in the February 14, 2018 Aaron J. Harms (MO) proposed merger of the two ICRs,
Federal Register notice (83 FR 6718) Matthew M. Heinen (MN) FMCSA would rename the 2126–0032
and will not be repeated in this notice. Grant M. Johnson (OR) ICR as the ‘‘Annual Report of Class I and
These six applicants have been Derick R. Pendergrass (NC) Class II For-Hire Motor Carriers’’ ICR.
seizure-free over a range of 31 years Paul D. Vitous (WA) And such a merger with the new title
while taking anti-seizure medication In accordance with 49 U.S.C. will clarify that the combined ICR
and maintained a stable medication 31315(b)(1), each exemption will be addresses both for-hire property and
treatment regimen for the last two years. valid for two years from the effective passenger carriers, but not private motor
In each case, the applicant’s treating date unless revoked earlier by FMCSA. carriers. Additionally, after the merger
daltland on DSKBBV9HB2PROD with NOTICES

physician verified his or her seizure The exemption will be revoked if the of the ICRs, FMCSA intends to request
history and supports the ability to drive following occurs: (1) The person fails to withdrawal of the previously approved
commercially. comply with the terms and conditions ‘‘Annual Report of Class I Motor
The Agency acknowledges the of the exemption; (2) the exemption has Carriers of Passengers’’ ICR, OMB
potential consequences of a driver resulted in a lower level of safety than Control No. 2126–0031.
experiencing a seizure while operating a was maintained prior to being granted; DATES: We must receive your comments
CMV. However, the Agency believes the or (3) continuation of the exemption on or before June 25, 2018.

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Document Created: 2018-04-24 00:39:18
Document Modified: 2018-04-24 00:39:18

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 March 22, 2018. The exemptions expire on March 22, 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 17893

83 FR 17893 - Qualification of Drivers; Exemption Applications; Epilepsy and Seizure Disorders

DEPARTMENT OF TRANSPORTATIONFederal Motor Carrier Safety Administration

Federal Register Volume 83, Issue 79 (April 24, 2018)

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration