83 FR 24584 - Qualification of Drivers; Exemption Applications; Epilepsy and Seizure Disorders

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration

Federal Register Volume 83, Issue 103 (May 29, 2018)

Page Range		24584-24585
FR Document		2018-11438

FMCSA announces its decision to renew exemptions for nine 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 83 Issue 103 (Tuesday, May 29, 2018)

[Federal Register Volume 83, Number 103 (Tuesday, May 29, 2018)]
[Notices]
[Pages 24584-24585]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-11438]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2012-0050; FMCSA-2015-0119; FMCSA-2015-0320]


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 renew exemptions for nine 
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 January 21, 2018. The 
exemptions expire on January 21, 2020.

FOR FURTHER INFORMATION CONTACT: Ms. Christine A. Hydock, Chief, 
Medical Programs Division, (202) 366-4001, fmcsamedical@dot.gov, 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 27, 2018, FMCSA published a notice announcing its 
decision to renew exemptions for nine 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 (83 FR 
8568). The public comment period ended on March 29, 2018 and one 
comment was 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 one comment in this proceeding. This comment 
supported FMCSA's decision to grant these exemptions to drivers with 
seizure disorders.

IV. Conclusion

    Based upon its evaluation of the nine renewal exemption 
applications and comments received, FMCSA announces its' decision to 
exempt the following drivers from the epilepsy and seizure disorders 
prohibition in 49 CFR 391.41 (b)(8):
    As of March 29, 2018, and in accordance with 49 U.S.C. 31136(e) and 
31315, the following nine individuals have satisfied the renewal 
conditions for obtaining an exemption from the epilepsy and seizure 
disorders prohibition in the FMCSRs for interstate CMV drivers. (83 FR 
8568):

Thomas A. De Angelo (IL)
Nathan L. Dermer (AK)
Daniel L. Halstead (NV)
Toriano T. Mitchell (OH)
Thomas A. Mitman (NY)
Diana J. Mugford (VT)
Tyler W. Schaefer (ME)
Alvin C. Strite (PA)
Thomas B. Vivirito (PA)

    The drivers were included in docket numbers FMCSA-2012-0050; FMCSA-
2015-0119; FMCSA-2015-0320. Their exemptions are applicable as of 
January 21, 2018, and will expire on January 21, 2020.
    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

[[Page 24585]]

would not be consistent with the goals and objectives of 49 U.S.C. 
31136 and 31315.

    Issued on: May 17, 2018.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2018-11438 Filed 5-25-18; 8:45 am]
 BILLING CODE 4910-EX-P

24584 Federal Register / Vol. 83, No. 103 / Tuesday, May 29, 2018 / Notices

qualification file if he/she is self- continue to operate CMVs in interstate 49 CFR 391.41(b)(8) states that a person
employed. The driver must also have a commerce. is physically qualified to drive a CMV
copy of the exemption when driving, for DATES: The exemptions were applicable if that person has no established
presentation to a duly authorized on January 21, 2018. The exemptions medical history or clinical diagnosis of
Federal, State, or local enforcement expire on January 21, 2020. epilepsy or any other condition which
official. The exemption will be FOR FURTHER INFORMATION CONTACT: Ms. is likely to cause the loss of
rescinded if: (1) The person fails to Christine A. Hydock, Chief, Medical consciousness or any loss of ability to
comply with the terms and conditions Programs Division, (202) 366–4001, control a CMV.
of the exemption; (2) the exemption has fmcsamedical@dot.gov, FMCSA, In addition to the regulations, FMCSA
resulted in a lower level of safety than Department of Transportation, 1200 has published advisory criteria to assist
was maintained before it was granted; or New Jersey Avenue SE, Room W64–224, Medical Examiners in determining
(3) continuation of the exemption would Washington, DC 20590–0001. Office whether drivers with certain medical
not be consistent with the goals and hours are from 8:30 a.m. to 5 p.m., e.t., conditions are qualified to operate a
objectives of 49 U.S.C. 31136(e) and Monday through Friday, except Federal CMV in interstate commerce. [49 CFR
31315. holidays. If you have questions part 391, APPENDIX A TO PART 391—
regarding viewing or submitting MEDICAL ADVISORY CRITERIA,
V. Preemption
material to the docket, contact Docket section H. Epilepsy: § 391.41(b)(8),
During the period the exemption is in paragraphs 3, 4, and 5.]
Services, telephone (202) 366–9826.
effect, no State shall enforce any law or
regulation that conflicts with this SUPPLEMENTARY INFORMATION: III. Discussion of Comments
exemption with respect to a person I. Electronic Access FMCSA received one comment in this
operating under the exemption. proceeding. This comment supported
You may see all the comments online
VI. Conclusion FMCSA’s decision to grant these
through the Federal Document
exemptions to drivers with seizure
Based upon its evaluation of the 133 Management System (FDMS) at: http://
disorders.
exemption applications, FMCSA renews www.regulations.gov.
the exemptions of the aforementioned Docket: For access to the docket to IV. Conclusion
drivers from the rule prohibiting drivers read background documents or Based upon its evaluation of the nine
with ITDM from driving CMVs in comments, go to http:// renewal exemption applications and
interstate commerce. In accordance with www.regulations.gov and/or Room comments received, FMCSA announces
49 U.S.C. 31136(e) and 31315, each W12–140 on the ground level of the its’ decision to exempt the following
exemption will be valid for two years West Building, 1200 New Jersey Avenue drivers from the epilepsy and seizure
unless revoked earlier by FMCSA. SE, Washington, DC, between 9 a.m. and disorders prohibition in 49 CFR 391.41
5 p.m., e.t., Monday through Friday, (b)(8):
Dated: May 17, 2018.
except Federal holidays. As of March 29, 2018, and in
Larry W. Minor, Privacy Act: In accordance with 5
Associate Administrator for Policy. accordance with 49 U.S.C. 31136(e) and
U.S.C. 553(c), DOT solicits comments 31315, the following nine individuals
[FR Doc. 2018–11431 Filed 5–25–18; 8:45 am] from the public to better inform its have satisfied the renewal conditions for
BILLING CODE 4910–EX–P rulemaking process. DOT posts these obtaining an exemption from the
comments, without edit, including any epilepsy and seizure disorders
personal information the commenter prohibition in the FMCSRs for interstate
DEPARTMENT OF TRANSPORTATION provides, to http://www.regulations.gov, CMV drivers. (83 FR 8568):
as described in the system of records
Federal Motor Carrier Safety Thomas A. De Angelo (IL)
notice (DOT/ALL–14 FDMS), which can
Administration Nathan L. Dermer (AK)
be reviewed at http://www.dot.gov/
[Docket No. FMCSA–2012–0050; FMCSA– privacy. Daniel L. Halstead (NV)
2015–0119; FMCSA–2015–0320] Toriano T. Mitchell (OH)
II. Background Thomas A. Mitman (NY)
Qualification of Drivers; Exemption On February 27, 2018, FMCSA Diana J. Mugford (VT)
Applications; Epilepsy and Seizure published a notice announcing its Tyler W. Schaefer (ME)
Disorders decision to renew exemptions for nine Alvin C. Strite (PA)
AGENCY: Federal Motor Carrier Safety individuals from the epilepsy and Thomas B. Vivirito (PA)
Administration (FMCSA), DOT. seizure disorders prohibition in 49 CFR The drivers were included in docket
ACTION: Notice of final disposition. 391.41(b)(8) to operate a CMV in numbers FMCSA–2012–0050; FMCSA–
interstate commerce and requested 2015–0119; FMCSA–2015–0320. Their
SUMMARY: FMCSA announces its comments from the public (83 FR 8568). exemptions are applicable as of January
decision to renew exemptions for nine The public comment period ended on 21, 2018, and will expire on January 21,
individuals from the requirement in the March 29, 2018 and one comment was 2020.
Federal Motor Carrier Safety received. In accordance with 49 U.S.C. 31315,
Regulations (FMCSRs) that interstate As stated in the previous notice, each exemption will be valid for two
commercial motor vehicle (CMV) FMCSA has evaluated the eligibility of years from the effective date unless
drivers have ‘‘no established medical these applicants and determined that revoked earlier by FMCSA. The
daltland on DSKBBV9HB2PROD with NOTICES

history or clinical diagnosis of epilepsy renewing these exemptions would exemption will be revoked if the
or any other condition which is likely achieve a level of safety equivalent to or following occurs: (1) The person fails to
to cause loss of consciousness or any greater than the level that would be comply with the terms and conditions
loss of ability to control a CMV.’’ The achieved by complying with the current of the exemption; (2) the exemption has
exemptions enable these individuals regulation 49 CFR 391.41(b)(8). resulted in a lower level of safety than
who have had one or more seizures and The physical qualification standard was maintained prior to being granted;
are taking anti-seizure medication to for drivers regarding epilepsy found in or (3) continuation of the exemption

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Federal Register / Vol. 83, No. 103 / Tuesday, May 29, 2018 / Notices 24585

would not be consistent with the goals comments, go to http:// that person has distant visual acuity of
and objectives of 49 U.S.C. 31136 and www.regulations.gov at any time or at least 20/40 (Snellen) in each eye
31315. Room W12–140 on the ground level of without corrective lenses or visual
Issued on: May 17, 2018. the West Building, 1200 New Jersey acuity separately corrected to 20/40
Larry W. Minor, Avenue SE, Washington, DC, between 9 (Snellen) or better with corrective
Associate Administrator for Policy.
a.m. and 5 p.m., E.T., Monday through lenses, distant binocular acuity of at
Friday, except Federal holidays. The least 20/40 (Snellen) in both eyes with
[FR Doc. 2018–11438 Filed 5–25–18; 8:45 am]
FDMS is available 24 hours each day, or without corrective lenses, field of
BILLING CODE 4910–EX–P
365 days each year. If you want vision of at least 70° in the horizontal
acknowledgment that we received your Meridian in each eye, and the ability to
DEPARTMENT OF TRANSPORTATION comments, please include a self- recognize the colors of traffic signals
addressed, stamped envelope or and devices showing standard red,
Federal Motor Carrier Safety postcard or print the acknowledgement green, and amber.
Administration page that appears after submitting In July 1992, the Agency first
comments online. published the criteria for the Vision
[Docket No. FMCSA–2018–0011] Privacy Act: In accordance with 5 Waiver Program, which listed the
U.S.C. 553(c), DOT solicits comments conditions and reporting standards that
Qualification of Drivers; Exemption
Applications; Vision from the public to better inform its CMV drivers approved for participation
rulemaking process. DOT posts these would need to meet (Qualification of
AGENCY: Federal Motor Carrier Safety comments, without edit, including any Drivers; Vision Waivers, 57 FR 31458,
Administration (FMCSA), DOT. personal information the commenter July 16, 1992). The current Vision
ACTION: Notice of applications for provides, to http://www.regulations.gov, Exemption Program was established in
exemption; request for comments. as described in the system of records 1998, following the enactment of
notice (DOT/ALL–14 FDMS), which can amendments to the statutes governing
SUMMARY: FMCSA announces receipt of be reviewed at http://www.dot.gov/ exemptions made by § 4007 of the
applications from 12 individuals for an privacy. Transportation Equity Act for the 21st
exemption from the vision requirement Century (TEA–21), Public Law 105–178,
in the Federal Motor Carrier Safety FOR FURTHER INFORMATION CONTACT: Ms.
Christine A. Hydock, Chief, Medical 112 Stat. 107, 401 (June 9, 1998). Vision
Regulations (FMCSRs) to operate a
Programs Division, (202) 366–4001, exemptions are considered under the
commercial motor vehicle (CMV) in
fmcsamedical@dot.gov, FMCSA, procedures established in 49 CFR part
interstate commerce. If granted, the
Department of Transportation, 1200 381 subpart C, on a case-by-case basis
exemptions will enable these
New Jersey Avenue SE, Room W64–224, upon application by CMV drivers who
individuals to operate CMVs in
Washington, DC 20590–0001. Office do not meet the vision standards of 49
interstate commerce without meeting
hours are 8:30 a.m. to 5 p.m., E.T., CFR 391.41(b)(10).
the vision requirement in one eye.
Monday through Friday, except Federal To qualify for an exemption from the
DATES: Comments must be received on
holidays. If you have questions vision requirement, FMCSA requires a
or before June 28, 2018.
regarding viewing or submitting person to present verifiable evidence
ADDRESSES: You may submit comments that he/she has driven a commercial
material to the docket, contact Docket
bearing the Federal Docket Management vehicle safely with the vision deficiency
Services, telephone (202) 366–9826.
System (FDMS) Docket No. FMCSA– for the past three years. Recent driving
2018–0011 using any of the following SUPPLEMENTARY INFORMATION:
performance is especially important in
methods: I. Background evaluating future safety, according to
• Federal eRulemaking Portal: Go to
Under 49 U.S.C. 31136(e) and 31315, several research studies designed to
http://www.regulations.gov. Follow the
FMCSA may grant an exemption from correlate past and future driving
online instructions for submitting
the FMCSRs for a five-year period if it performance. Results of these studies
comments.
• Mail: Docket Management Facility; finds ‘‘such exemption would likely support the principle that the best
U.S. Department of Transportation, 1200 achieve a level of safety that is predictor of future performance by a
New Jersey Avenue SE, West Building equivalent to or greater than the level driver is his/her past record of crashes
Ground Floor, Room W12–140, that would be achieved absent such and traffic violations. Copies of the
Washington, DC 20590–0001. exemption.’’ The statute also allows the studies may be found at Docket Number
• Hand Delivery: West Building Agency to renew exemptions at the end FMCSA–1998–3637.
Ground Floor, Room W12–140, 1200 of the five-year period. FMCSA grants FMCSA believes it can properly apply
New Jersey Avenue SE, Washington, exemptions from the FMCSRs for a two- the principle to monocular drivers,
DC, between 9 a.m. and 5 p.m., E.T., year period to align with the maximum because data from the Federal Highway
Monday through Friday, except Federal duration of a driver’s medical Administration’s (FHWA) former waiver
Holidays. certification. study program clearly demonstrated the
• Fax: 1–202–493–2251. The 12 individuals listed in this driving performance of experienced
Instructions: Each submission must notice have requested an exemption monocular drivers in the program is
include the Agency name and the from the vision requirement in 49 CFR better than that of all CMV drivers
docket number(s) for this notice. Note 391.41(b)(10). Accordingly, the Agency collectively (See 61 FR 13338, 13345,
that all comments received will be will evaluate the qualifications of each March 26, 1996). The fact that
daltland on DSKBBV9HB2PROD with NOTICES

posted without change to http:// applicant to determine whether granting experienced monocular drivers
www.regulations.gov, including any an exemption will achieve the required demonstrated safe driving records in the
personal information provided. Please level of safety mandated by statute. waiver program supports a conclusion
see the Privacy Act heading below for The physical qualification standard that other monocular drivers, meeting
further information. for drivers regarding vision found in 49 the same qualifying conditions as those
Docket: For access to the docket to CFR 391.41(b)(10) states that a person is required by the waiver program, are also
read background documents or physically qualified to drive a CMV if likely to have adapted to their vision

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Document Created: 2018-05-26 00:48:25
Document Modified: 2018-05-26 00:48:25

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 January 21, 2018. The exemptions expire on January 21, 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 24584

83 FR 24584 - Qualification of Drivers; Exemption Applications; Epilepsy and Seizure Disorders

DEPARTMENT OF TRANSPORTATIONFederal Motor Carrier Safety Administration

Federal Register Volume 83, Issue 103 (May 29, 2018)

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration