83 FR 24153 - Qualification of Drivers; Exemption Applications; Epilepsy and Seizure Disorders

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration

Federal Register Volume 83, Issue 101 (May 24, 2018)

Page Range		24153-24155
FR Document		2018-11120

FMCSA announces receipt of applications from seven individuals for an exemption from the prohibition in the Federal Motor Carrier Safety Regulations (FMCSRs) against persons with a clinical diagnosis of epilepsy or any other condition that is likely to cause a loss of consciousness or any loss of ability to control a commercial motor vehicle (CMV) to drive in interstate commerce. If granted, the exemptions would 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 101 (Thursday, May 24, 2018)

[Federal Register Volume 83, Number 101 (Thursday, May 24, 2018)]
[Notices]
[Pages 24153-24155]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-11120]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2018-0052]


Qualification of Drivers; Exemption Applications; Epilepsy and 
Seizure Disorders

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

ACTION: Notice of applications for exemption; request for comments.

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SUMMARY: FMCSA announces receipt of applications from seven individuals 
for an exemption from the prohibition in the Federal Motor Carrier 
Safety Regulations (FMCSRs) against persons with a clinical diagnosis 
of epilepsy or any other condition that is likely to cause a loss of 
consciousness or any loss of ability to control a commercial motor 
vehicle (CMV) to drive in interstate commerce. If granted, the 
exemptions would enable these individuals who have had one or more 
seizures and are taking anti-seizure medication to operate CMVs in 
interstate commerce.

DATES: Comments must be received on or before June 25, 2018.

ADDRESSES: You may submit comments bearing the Federal Docket 
Management System (FDMS) Docket No. FMCSA-2018-0052 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, 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.

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 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. Background

    Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption 
from the FMCSRs for a five-year period 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 seven individuals listed in this notice have requested an 
exemption from the epilepsy and seizure disorders prohibition in 49 CFR 
391.41(b)(8). Accordingly, the Agency will evaluate the qualifications 
of each applicant to determine whether granting the exemption will 
achieve the required level of safety mandated by statute.
    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

[[Page 24154]]

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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    The advisory criteria states the following:
    If an individual has had a sudden episode of a non-epileptic 
seizure or loss of consciousness of unknown cause that did not require 
anti-seizure medication, the decision whether that person's condition 
is likely to cause the loss of consciousness or loss of ability to 
control a CMV should be made on an individual basis by the Medical 
Examiner in consultation with the treating physician. Before 
certification is considered, it is suggested that a six-month waiting 
period elapse from the time of the episode. Following the waiting 
period, it is suggested that the individual have a complete 
neurological examination. If the results of the examination are 
negative and anti-seizure medication is not required, then the driver 
may be qualified.
    In those individual cases where a driver had a seizure or an 
episode of loss of consciousness that resulted from a known medical 
condition (e.g., drug reaction, high temperature, acute infectious 
disease, dehydration, or acute metabolic disturbance), certification 
should be deferred until the driver has recovered fully from that 
condition, has no existing residual complications, and is not taking 
anti-seizure medication.
    Drivers who have a history of epilepsy/seizures, off anti-seizure 
medication and seizure-free for 10 years, may be qualified to operate a 
CMV in interstate commerce. Interstate drivers with a history of a 
single unprovoked seizure may be qualified to drive a CMV in interstate 
commerce if seizure-free and off anti-seizure medication for a five-
year period or more.
    As a result of Medical Examiners misinterpreting advisory criteria 
as regulation, numerous drivers have been prohibited from operating a 
CMV in interstate commerce based on the fact that they have had one or 
more seizures and are taking anti-seizure medication, rather than an 
individual analysis of their circumstances by a qualified Medical 
Examiner based on the physical qualification standards and medical best 
practices.
    On January 15, 2013, FMCSA announced in a Notice of Final 
Disposition titled, Qualification of Drivers; Exemption Applications; 
Epilepsy and Seizure Disorders, (78 FR 3069), its decision to grant 
requests from 22 individuals for exemptions from the regulatory 
requirement that interstate 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.'' Since the January 15, 2013 notice, the Agency has 
published additional notices granting requests from individuals for 
exemptions from the regulatory requirement regarding epilepsy found in 
49 CFR 391.41(b)(8).
    To be considered for an exemption from the epilepsy and seizure 
disorders prohibition in 49 CFR 391.41(b)(8), applicants must meet the 
criteria in the 2007 recommendations of the Agency's Medical Expert 
Panel (MEP) (78 FR 3069).

II. Qualifications of Applicants

Scott D. DeJarnette

    Mr. DeJarnette is a 54-year old Class DB driver in Kentucky. He has 
a history of epilepsy and has been seizure free since 1988. He takes 
anti-seizure medication, with the dosage and frequency remaining the 
same since 2009. His physician states that he is supportive of Mr. 
DeJarnette receiving an exemption.

James R. Grant

    Mr. Grant is a 60-year-old Class CDL-A MC driver in New Hampshire. 
He has a history of epilepsy and has been seizure free since 1993. He 
takes anti-seizure medication, with the dosage and frequency remaining 
the same since 2015. His physician states that she is supportive of Mr. 
Grant receiving an exemption.

Jesse Hansen

    Mr. Hansen is a 35-year-old Class D driver in Minnesota. He has a 
history of generalized epilepsy and has been seizure free since 2003. 
He takes anti-seizure medication, with the dosage and frequency 
remaining the same since 2003. His physician states that he is 
supportive of Mr. Hansen receiving an exemption.

Troy L. Nichols

    Mr. Nichols is a 47-year-old Class A driver in Illinois. He has a 
history of complex partial seizures and has been seizure free since 
2001. He takes anti-seizure medication, with the dosage and frequency 
remaining the same since 2008. His physician states that he is 
supportive of Mr. Nichols receiving an exemption.

Nick J. Ramirez

    Mr. Ramirez is a 39-year-old Class C driver in California. He has a 
history of epilepsy and has been seizure free since 2010. He takes 
anti-seizure medication, with the dosage and frequency remaining the 
same since 2008. His physician states that he is supportive of Mr. 
Ramirez receiving an exemption.

Scott A. Ready Sr.

    Mr. Ready is a 52-year-old Class D driver in Wisconsin. He has a 
history of a seizure disorder and has been seizure free since 2005. He 
takes anti-seizure medication, with the dosage and frequency remaining 
the same since 2010. His physician states that she is supportive of Mr. 
Ready receiving an exemption.

Michael A. Warren

    Mr. Warren is a 35-year-old Class C Driver in Michigan. He has a 
history of a seizure disorder and has been seizure free since 2007. He 
takes anti-seizure medication, with the dosage and frequency remaining 
the same since 2013. His physician states that he is supportive of Mr. 
Warren receiving an exemption.

III. Request for Comments

    In accordance with 49 U.S.C. 31136(e) and 31315, FMCSA requests 
public comment from all interested persons on the exemption petitions 
described in this notice. We will consider all comments received before 
the close of business on the closing date indicated in the dates 
section of the notice.

IV. Submitting Comments

    You may submit your comments and material online or by fax, mail, 
or hand delivery, but please use only one of these means. FMCSA 
recommends that you include your name and a mailing address, an email 
address, or a phone number in the body of your document so that FMCSA 
can contact you if there are questions regarding your submission.
    To submit your comment online, go to http://www.regulations.gov and 
in the search box insert the docket number FMCSA-2018-0052 and click 
the search button. When the new screen appears,

[[Page 24155]]

click on the blue ``Comment Now!'' button on the right hand side of the 
page. On the new page, enter information required including the 
specific section of this document to which each comment applies, and 
provide a reason for each suggestion or recommendation. If you submit 
your comments by mail or hand delivery, submit them in an unbound 
format, no larger than 8\1/2\ by 11 inches, suitable for copying and 
electronic filing. If you submit comments by mail and would like to 
know that they reached the facility, please enclose a stamped, self-
addressed postcard or envelope.
    We will consider all comments and materials received during the 
comment period. FMCSA may issue a final determination at any time after 
the close of the comment period.

V. Viewing Comments and Documents

    To view comments, as well as any documents mentioned in this 
preamble, go to http://www.regulations.gov and in the search box insert 
the docket number FMCSA-FMCSA-2018-0052 and click ``Search.'' Next, 
click ``Open Docket Folder'' and you will find all documents and 
comments related to this notice.

    Issued on: May 16, 2018.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2018-11120 Filed 5-23-18; 8:45 am]
 BILLING CODE 4910-EX-P

Federal Register / Vol. 83, No. 101 / Thursday, May 24, 2018 / Notices 24153

VI. Preemption DEPARTMENT OF TRANSPORTATION Avenue SE, Washington, DC, between 9
a.m. and 5 p.m., e.t., Monday through
During the period the exemption is in Federal Motor Carrier Safety Friday, except Federal holidays. The
effect, no State shall enforce any law or Administration FDMS is available 24 hours each day,
regulation that conflicts with this 365 days each year. If you want
exemption with respect to a person [Docket No. FMCSA–2018–0052]
acknowledgment that we received your
operating under the exemption. Qualification of Drivers; Exemption comments, please include a self-
Applications; Epilepsy and Seizure addressed, stamped envelope or
VII. Conclusion
Disorders postcard or print the acknowledgement
Based upon its evaluation of the 23 page that appears after submitting
exemption applications, FMCSA AGENCY: Federal Motor Carrier Safety comments online.
exempts the following drivers from the Administration (FMCSA), DOT. Privacy Act: In accordance with 5
vision requirement, 49 CFR ACTION: Notice of applications for U.S.C. 553(c), DOT solicits comments
391.41(b)(10), subject to the exemption; request for comments. from the public to better inform its
requirements cited above: rulemaking process. DOT posts these
SUMMARY: FMCSA announces receipt of comments, without edit, including any
Michael W. Belknap (VT) applications from seven individuals for personal information the commenter
Scott M. Cavanaugh (OK) an exemption from the prohibition in provides, to http://www.regulations.gov,
the Federal Motor Carrier Safety as described in the system of records
James M. Ferry (OH) Regulations (FMCSRs) against persons notice (DOT/ALL–14 FDMS), which can
Jacob A. Hehr (IL) with a clinical diagnosis of epilepsy or be reviewed at http://www.dot.gov/
Mike B. Houston (OR) any other condition that is likely to privacy.
cause a loss of consciousness or any loss
Marvin R. Knecht (ND) FOR FURTHER INFORMATION CONTACT: Ms.
of ability to control a commercial motor
Christine A. Hydock, Chief, Medical
Paul H. Knott (ND) vehicle (CMV) to drive in interstate
Programs Division, (202) 366–4001,
Randolph W. Lewis (CA) commerce. If granted, the exemptions
fmcsamedical@dot.gov, FMCSA,
would enable these individuals who
John M. Moore (LA) Department of Transportation, 1200
have had one or more seizures and are
New Jersey Avenue SE, Room W64–224,
Martin Munoz (TX) taking anti-seizure medication to
Washington, DC 20590–0001. Office
Edwin Quiles (FL) operate CMVs in interstate commerce.
hours are 8:30 a.m. to 5 p.m., e.t.,
DATES: Comments must be received on Monday through Friday, except Federal
Vernon L. Reed (OR)
or before June 25, 2018. holidays. If you have questions
Joshua A. Rhynd (ME)
ADDRESSES: You may submit comments regarding viewing or submitting
Douglass L. Riddell (CA) bearing the Federal Docket Management material to the docket, contact Docket
Michael C. Stevelman (NJ) System (FDMS) Docket No. FMCSA– Services, telephone (202) 366–9826.
2018–0052 using any of the following SUPPLEMENTARY INFORMATION:
Sedrick Straughter (IL)
methods:
Michael Talley (OK) • Federal eRulemaking Portal: Go to I. Background
Edward G. Thurston, III (TX) http://www.regulations.gov. Follow the Under 49 U.S.C. 31136(e) and 31315,
online instructions for submitting FMCSA may grant an exemption from
Gerald A. Vaughn (OH)
comments. the FMCSRs for a five-year period if it
John Henrey R. Viljoen (ND) • Mail: Docket Management Facility; finds ‘‘such exemption would likely
Kenneth E. Wheland (PA) U.S. Department of Transportation, 1200 achieve a level of safety that is
Richard E. Wixom (MI) New Jersey Avenue SE, West Building equivalent to or greater than the level
Ground Floor, Room W12–140, that would be achieved absent such
Mohammad J. Yousufzai (NJ) Washington, DC 20590–0001. exemption.’’ The statute also allows the
In accordance with 49 U.S.C. 31136(e) • Hand Delivery: West Building Agency to renew exemptions at the end
and 31315, each exemption will be valid Ground Floor, Room W12–140, 1200 of the five-year period. FMCSA grants
for two years from the effective date New Jersey Avenue SE, Washington, exemptions from the FMCSRs for a two-
unless revoked earlier by FMCSA. The DC, between 9 a.m. and 5 p.m., e.t., year period to align with the maximum
exemption will be revoked if the Monday through Friday, except Federal duration of a driver’s medical
Holidays. certification.
following occurs: (1) The person fails to
• Fax: 1–202–493–2251. The seven individuals listed in this
comply with the terms and conditions
Instructions: Each submission must notice have requested an exemption
of the exemption; (2) the exemption has include the Agency name and the from the epilepsy and seizure disorders
resulted in a lower level of safety than docket number(s) for this notice. Note prohibition in 49 CFR 391.41(b)(8).
was maintained prior to being granted; that all comments received will be Accordingly, the Agency will evaluate
or (3) continuation of the exemption posted without change to http:// the qualifications of each applicant to
would not be consistent with the goals www.regulations.gov, including any determine whether granting the
and objectives of 49 U.S.C. 31136 and personal information provided. Please exemption will achieve the required
31315. see the Privacy Act heading below for
sradovich on DSK3GMQ082PROD with NOTICES

level of safety mandated by statute.
Issued on: May 16, 2018. further information. The physical qualification standard
Larry W. Minor, Docket: For access to the docket to for drivers regarding epilepsy found in
read background documents or 49 CFR 391.41(b)(8) states that a person
Associate Administrator for Policy.
comments, go to http:// is physically qualified to drive a CMV
[FR Doc. 2018–11124 Filed 5–23–18; 8:45 am]
www.regulations.gov at any time or if that person has no established
BILLING CODE 4910–EX–P Room W12–140 on the ground level of medical history or clinical diagnosis of
the West Building, 1200 New Jersey epilepsy or any other condition which

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Document Created: 2018-05-24 00:05:45
Document Modified: 2018-05-24 00:05:45

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 applications for exemption; request for comments.
Dates		Comments must be received on or before June 25, 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 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 24153

83 FR 24153 - Qualification of Drivers; Exemption Applications; Epilepsy and Seizure Disorders

DEPARTMENT OF TRANSPORTATIONFederal Motor Carrier Safety Administration

Federal Register Volume 83, Issue 101 (May 24, 2018)

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration