83 FR 34664 - Qualification of Drivers; Exemption Applications; Epilepsy and Seizure Disorders

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration

Federal Register Volume 83, Issue 140 (July 20, 2018)

Page Range		34664-34666
FR Document		2018-15577

FMCSA announces its decision to exempt eight 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 140 (Friday, July 20, 2018)

[Federal Register Volume 83, Number 140 (Friday, July 20, 2018)]
[Notices]
[Pages 34664-34666]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-15577]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[FMCSA Docket No. FMCSA-2018-0051]


Qualification of Drivers; Exemption Applications; Epilepsy and 
Seizure Disorders

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

ACTION: Notice of final disposition.

-----------------------------------------------------------------------

SUMMARY: FMCSA announces its decision to exempt eight 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 May 30, 2018. The exemptions 
expire on May 30, 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

[[Page 34665]]

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 April 24, 2018, FMCSA published a notice announcing receipt of 
applications from eight 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 17879). The public comment 
period ended on May 24, 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.]
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

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 April 24, 2018 Federal Register notice (83 
FR 17879) and will not be repeated in this notice.
    These eight 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.

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 eight 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:

Steven H. Ford (WI)
Scott Habeck (SD)
Nathan E. Kanouff (GA)
Richard L. Kienel, Jr. (GA)
Joe L. King, Jr. (NC)
Daniel L. Martin (IA)
Phillip Moore (CT)
Joshua Thomas (MN)

    In accordance with 49 U.S.C. 31315(b)(1), each exemption will be 
valid for two years from the effective

[[Page 34666]]

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: July 13, 2018.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2018-15577 Filed 7-19-18; 8:45 am]
 BILLING CODE 4910-EX-P

34664 Federal Register / Vol. 83, No. 140 / Friday, July 20, 2018 / Notices

Nenad Harnos (NJ) exemptions are applicable as of August V. Preemption
Matthew D. Hormann (MN) 19, 2018, and will expire on August 19, During the period the exemption is in
James W. Jones (AL) 2020. effect, no State shall enforce any law or
Duane R. Martin (PA) As of August 27, 2018, and in regulation that conflicts with this
Roger S. Orr (IA)
accordance with 49 U.S.C. 31136(e) and exemption with respect to a person
Richard D. Shryock (MO)
31315, Gregory S. Smith (AR) has operating under the exemption.
Steven D. Sodders (OH)
satisfied the renewal conditions for
Keith R. Tyler (NC) VI. Conclusion
obtaining an exemption from the vision
The drivers were included in docket requirement in the FMCSRs for Based upon its evaluation of the 100
number FMCSA–2016–0014. Their interstate CMV drivers (77 FR 38381; 77 exemption applications, FMCSA renews
exemptions are applicable as of August FR 51846; 79 FR 41740; 81 FR 90050). the exemptions of the aforementioned
12, 2018, and will expire on August 12, drivers from the vision requirement in
2020. The driver was included in docket
49 CFR 391.41(b)(10), subject to the
As of August 18, 2018, and in number FMCSA–2012–0160. The
requirements cited above. In accordance
accordance with 49 U.S.C. 31136(e) and exemption is applicable as of August 27,
with 49 U.S.C. 31136(e) and 31315, each
31315, the following 22 individuals 2018, and will expire on August 27,
exemption will be valid for two years
have satisfied the renewal conditions for 2020.
unless revoked earlier by FMCSA.
obtaining an exemption from the vision As of August 29, 2018, and in
Issued on: July 12, 2018.
requirement in the FMCSRs for accordance with 49 U.S.C. 31136(e) and
interstate CMV drivers (71 FR 14567; 71 Larry W. Minor,
31315, Rickey W. Goins (TN) has
FR 30228; 73 FR 28187; 73 FR 35195; satisfied the renewal conditions for Associate Administrator for Policy.
73 FR 35196; 73 FR 35197; 73 FR 35198; obtaining an exemption from the vision [FR Doc. 2018–15554 Filed 7–19–18; 8:45 am]
73 FR 35199; 73 FR 35200; 73 FR 35201; requirement in the FMCSRs for BILLING CODE 4910–EX–P
73 FR 38498; 73 FR 38499; 73 FR 48273; interstate CMV drivers (77 FR 41879; 77
73 FR 48275; 75 FR 25919; 75 FR 39729; FR 52391; 79 FR 41735; 81 FR 90050).
75 FR 44051; 77 FR 46153; 79 FR 46153; DEPARTMENT OF TRANSPORTATION
The driver was included in docket
81 FR 90050):
number FMCSA–2012–0161. The Federal Motor Carrier Safety
Donald L. Carman (OH) exemption is applicable as of August 29, Administration
Christopher R. Cone (GA) 2018, and will expire on August 29,
Walter O. Connelly (WA) 2020. [FMCSA Docket No. FMCSA–2018–0051]
Roger D. Elders (MI)
Lucious J. Erwin (TX) IV. Conditions and Requirements Qualification of Drivers; Exemption
Riche Ford (CO) Applications; Epilepsy and Seizure
Kevin K. Friedel (NY) The exemptions are extended subject Disorders
Steven G. Harter (OR) to the following conditions: (1) Each
Andrew C. Kelly (WV) driver must undergo an annual physical AGENCY: Federal Motor Carrier Safety
Jason W. King (MT) examination (a) by an ophthalmologist Administration (FMCSA), DOT.
Billy J. Lewis (LA) or optometrist who attests that the ACTION: Notice of final disposition.
Robert W. McMillian (MA) vision in the better eye continues to
Richard A. Peterson (OR) meet the requirements in 49 CFR SUMMARY: FMCSA announces its
Carroll G. Quisenberry (KY) 391.41(b)(10), and (b) by a certified decision to exempt eight individuals
Ryan J. Reimann (WI) Medical Examiner, as defined by 49 CFR from the requirement in the Federal
Brandon J. See (IA) 390.5, who attests that the driver is Motor Carrier Safety Regulations
Ricky L. Shepler (PA) otherwise physically qualified under 49 (FMCSRs) that interstate commercial
John L. Stone (PA) CFR 391.41; (2) each driver must motor vehicle (CMV) drivers have ‘‘no
Nils S. Thornberg (OR) provide a copy of the ophthalmologist’s established medical history or clinical
Daniel W. Toppings (WV) or optometrist’s report to the Medical diagnosis of epilepsy or any other
Christopher R. Whitson (NC) Examiner at the time of the annual condition which is likely to cause loss
Aaron E. Wright (MI) medical examination; and (3) each of consciousness or any loss of ability to
The drivers were included in docket driver must provide a copy of the control a CMV.’’ The exemptions enable
numbers FMCSA–2006–24015; annual medical certification to the these individuals who have had one or
FMCSA–2008–0106; FMCSA–2008– employer for retention in the driver’s more seizures and are taking anti-
0174; FMCSA–2010–0082. Their qualification file or keep a copy of his/ seizure medication to operate CMVs in
exemptions are applicable as of August her driver’s qualification if he/her is interstate commerce.
18, 2018, and will expire on August 18, self- employed. The driver must also DATES: The exemptions were applicable
2020. have a copy of the exemption when on May 30, 2018. The exemptions
As of August 19, 2018, and in driving, for presentation to a duly expire on May 30, 2020.
accordance with 49 U.S.C. 31136(e) and authorized Federal, State, or local FOR FURTHER INFORMATION CONTACT: Ms.
31315, the following two individuals enforcement official. The exemption Christine A. Hydock, Chief, Medical
have satisfied the renewal conditions for will be rescinded if: (1) The person fails Programs Division, (202) 366–4001,
obtaining an exemption from the vision to comply with the terms and fmcsamedical@dot.gov, FMCSA,
daltland on DSKBBV9HB2PROD with NOTICES

requirement in the FMCSRs for conditions of the exemption; (2) the Department of Transportation, 1200
interstate CMV drivers (79 FR 41737; 79 exemption has resulted in a lower level New Jersey Avenue SE, Room W64–224,
FR 56102; 81 FR 90050): Leamon V. of safety than was maintained before it Washington, DC 20590–0001. Office
Manchester (LA); Leverne F. Schulte, Jr. was granted; or (3) continuation of the hours are from 8:30 a.m. to 5 p.m., e.t.,
(OH) exemption would not be consistent with Monday through Friday, except Federal
The drivers were included in docket the goals and objectives of 49 U.S.C. holidays. If you have questions
number FMCSA–2014–0008. Their 31136(e) and 31315. regarding viewing or submitting

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Federal Register / Vol. 83, No. 140 / Friday, July 20, 2018 / Notices 34665

material to the docket, contact Docket conditions are qualified to operate a history and supports the ability to drive
Services, telephone (202) 366–9826. CMV in interstate commerce. [49 CFR commercially.
SUPPLEMENTARY INFORMATION: part 391, APPENDIX A TO PART 391— The Agency acknowledges the
MEDICAL ADVISORY CRITERIA, potential consequences of a driver
I. Electronic Access section H. Epilepsy: § 391.41(b)(8), experiencing a seizure while operating a
You may see all the comments online paragraphs 3, 4, and 5.] CMV. However, the Agency believes the
through the Federal Document drivers granted this exemption have
III. Discussion of Comments
Management System (FDMS) at: http:// demonstrated that they are unlikely to
www.regulations.gov. FMCSA received no comments in this have a seizure and their medical
Docket: For access to the docket to proceeding. condition does not pose a risk to public
read background documents or IV. Basis for Exemption Determination safety.
comments, go to http:// Consequently, FMCSA finds that in
www.regulations.gov and/or Room Under 49 U.S.C. 31136(e) and each case exempting these applicants
W12–140 on the ground level of the 31315(b), FMCSA may grant an from the epilepsy and seizure disorder
West Building, 1200 New Jersey Avenue exemption from the epilepsy and prohibition in 49 CFR 391.41(b)(8) is
SE, Washington, DC, between 9 a.m. and seizure disorder prohibition in 49 CFR likely to achieve a level of safety equal
5 p.m., e.t., Monday through Friday, 391.41(b)(8) if the exemption is likely to to that existing without the exemption.
except Federal holidays. achieve an equivalent or greater level of
Privacy Act: In accordance with 5 safety than would be achieved without V. Conditions and Requirements
U.S.C. 553(c), DOT solicits comments the exemption. The exemption allows The terms and conditions of the
from the public to better inform its the applicants to operate CMVs in exemption are provided to the
rulemaking process. DOT posts these interstate commerce. applicants in the exemption document
comments, without edit, including any In reaching the decision to grant these and includes the following: (1) Each
personal information the commenter exemption requests, FMCSA considered driver must remain seizure-free and
provides, to http://www.regulations.gov, the 2007 recommendations of the maintain a stable treatment during the
as described in the system of records Agency’s Medical Expert Panel (MEP). two-year exemption period; (2) each
notice (DOT/ALL–14 FDMS), which can The January 15, 2013, Federal Register driver must submit annual reports from
be reviewed at http://www.dot.gov/ notice (78 FR 3069) provides the current their treating physicians attesting to the
privacy. MEP recommendations which is the stability of treatment and that the driver
criteria the Agency uses to grant seizure has remained seizure-free; (3) each
II. Background exemptions. driver must undergo an annual medical
On April 24, 2018, FMCSA published The Agency’s decision regarding these examination by a certified Medical
a notice announcing receipt of exemption applications is based on an Examiner, as defined by 49 CFR 390.5;
applications from eight individuals individualized assessment of each and (4) each driver must provide a copy
requesting an exemption from the applicant’s medical information, of the annual medical certification to
epilepsy and seizure disorders including the root cause of the the employer for retention in the
prohibition in 49 CFR 391.41(b)(8) and respective seizure(s) and medical driver’s qualification file, or keep a copy
requested comments from the public (83 information about the applicant’s of his/her driver’s qualification file if
FR 17879). The public comment period seizure history, the length of time that he/she is self-employed. The driver
ended on May 24, 2018, and no has elapsed since the individual’s last must also have a copy of the exemption
comments were received. seizure, the stability of each individual’s when driving, for presentation to a duly
FMCSA has evaluated the eligibility treatment regimen and the duration of authorized Federal, State, or local
of these applicants and determined that time on or off of anti-seizure enforcement official.
granting exemptions to these medication. In addition, the Agency
individuals would achieve a level of reviewed the treating clinician’s VI. Preemption
safety equivalent to or greater than the medical opinion related to the ability of During the period the exemption is in
level that would be achieved by the driver to safely operate a CMV with effect, no State shall enforce any law or
complying with the current regulation a history of seizure and each applicant’s regulation that conflicts with this
49 CFR 391.41(b)(8). driving record found in the Commercial exemption with respect to a person
The physical qualification standard Driver’s License Information System operating under the exemption.
for drivers regarding epilepsy found in (CDLIS) for commercial driver’s license
49 CFR 391.41(b)(8) states that a person (CDL) holders, and interstate and VII. Conclusion
is physically qualified to drive a CMV intrastate inspections recorded in the Based upon its evaluation of the eight
if that person has no established Motor Carrier Management Information exemption applications, FMCSA
medical history or clinical diagnosis of System (MCMIS). For non-CDL holders, exempts the following drivers from the
epilepsy or any other condition which the Agency reviewed the driving records epilepsy and seizure disorder
is likely to cause the loss of from the State Driver’s Licensing prohibition, 49 CFR 391.41(b)(8), subject
consciousness or any loss of ability to Agency (SDLA). A summary of each to the requirements cited above:
control a CMV. applicant’s seizure history was Steven H. Ford (WI)
In addition to the regulations, FMCSA discussed in the April 24, 2018 Federal Scott Habeck (SD)
has published advisory criteria 1 to Register notice (83 FR 17879) and will Nathan E. Kanouff (GA)
assist medical examiners in determining not be repeated in this notice. Richard L. Kienel, Jr. (GA)
daltland on DSKBBV9HB2PROD with NOTICES

whether drivers with certain medical These eight applicants have been Joe L. King, Jr. (NC)
seizure-free over a range of 23 years Daniel L. Martin (IA)
1 See http://www.ecfr.gov/cgi-bin/text-idx?SID= while taking anti-seizure medication Phillip Moore (CT)
e47b48a9ea42dd67d999246e23d97970&mc= and maintained a stable medication Joshua Thomas (MN)
true&node=pt49.5.391&rgn=div5#ap49.5.391_171.a
and https://www.gpo.gov/fdsys/pkg/CFR-2015-
treatment regimen for the last two years. In accordance with 49 U.S.C.
title49-vol5/pdf/CFR-2015-title49-vol5-part391- In each case, the applicant’s treating 31315(b)(1), each exemption will be
appA.pdf. physician verified his or her seizure valid for two years from the effective

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34666 Federal Register / Vol. 83, No. 140 / Friday, July 20, 2018 / Notices

date unless revoked earlier by FMCSA. W12–140 on the ground level of the experience, and medical condition of
The exemption will be revoked if the West Building, 1200 New Jersey Avenue each applicant were stated and
following occurs: (1) The person fails to SE, Washington, DC, between 9 a.m. and discussed in detail in the May 29, 2018,
comply with the terms and conditions 5 p.m., e.t., Monday through Friday, Federal Register notice (83 FR 24576)
of the exemption; (2) the exemption has except Federal holidays. and will not be repeated in this notice.
resulted in a lower level of safety than Privacy Act: In accordance with 5 These 37 applicants have had ITDM
was maintained prior to being granted; U.S.C. 553(c), DOT solicits comments over a range of 1 to 22 years. These
or (3) continuation of the exemption from the public to better inform its
applicants report no severe
would not be consistent with the goals rulemaking process. DOT posts these
hypoglycemic reactions resulting in loss
and objectives of 49 U.S.C. 31136 and comments, without edit, including any
of consciousness or seizure, requiring
31315. personal information the commenter
the assistance of another person, or
Issued on: July 13, 2018. provides, to http://www.regulations.gov,
resulting in impaired cognitive function
as described in the system of records
Larry W. Minor, that occurred without warning
notice (DOT/ALL–14 FDMS), which can
Associate Administrator for Policy. symptoms, in the past 12 months and no
be reviewed at http://www.dot.gov/
[FR Doc. 2018–15577 Filed 7–19–18; 8:45 am] recurrent (two or more) severe
privacy.
BILLING CODE 4910–EX–P hypoglycemic episodes in the past five
II. Background years. In each case, an endocrinologist
On May 29, 2018, FMCSA published verified that the driver has
DEPARTMENT OF TRANSPORTATION a notice announcing receipt of demonstrated a willingness to properly
applications from 37 individuals monitor and manage his/her diabetes
Federal Motor Carrier Safety requesting an exemption from diabetes mellitus, received education related to
Administration requirement in 49 CFR 391.41(b)(3) and diabetes management, and is on a stable
[FMCSA Docket No. FMCSA–2018–0029] requested comments from the public (83 insulin regimen. These drivers report no
FR 24576). The public comment period other disqualifying conditions,
Qualification of Drivers; Exemption ended on June 28, 2018, and one including diabetes related
Applications; Diabetes Mellitus comments was received. complications. Each meets the vision
FMCSA has evaluated the eligibility requirement at 49 CFR 391.41(b)(10).
AGENCY: Federal Motor Carrier Safety
Administration (FMCSA), DOT. of these applicants and determined that Consequently, FMCSA finds that in
granting the exemptions to these each case exempting these applicants
ACTION: Notice of final disposition.
individuals would achieve a level of from the diabetes requirement in 49 CFR
SUMMARY: FMCSA announces its safety equivalent to or greater than the 391.41(b)(3) is likely to achieve a level
decision to exempt 37 individuals from level that would be achieved by of safety equal to that existing without
the prohibition in the Federal Motor complying with the current regulation the exemption.
Carrier Safety Regulations (FMCSRs) 49 CFR 391.41(b)(3).
The physical qualification standard V. Conditions and Requirements
against persons with insulin-treated
diabetes mellitus (ITDM) from operating for drivers regarding diabetes found in
49 CFR 391.41(b)(3) states that a person The terms and conditions of the
a commercial motor vehicle (CMV) in exemption are provided to the
interstate commerce. The exemptions is physically qualified to drive a CMV
if that person has no established applicants in the exemption document
enable these individuals with ITDM to and includes the following: (1) Each
operate CMVs in interstate commerce. medical history or clinical diagnosis of
diabetes mellitus currently requiring driver must submit a quarterly
DATES: The exemptions were applicable monitoring checklist completed by the
insulin for control.
on June 29, 2018. The exemptions treating endocrinologist as well as an
expire on June 29, 2020. III. Discussion of Comments annual checklist with a comprehensive
FOR FURTHER INFORMATION CONTACT: Ms. FMCSA received one comment in this medical evaluation; (2) each driver must
Christine A. Hydock, Chief, Medical proceeding. Vicky Johnson from the report within two business days of
Programs Division, (202) 366–4001, Minnesota Department of Public Safety occurrence, all episodes of severe
fmcsamedical@dot.gov, FMCSA, stated that Minnesota has no objections hypoglycemia, significant
Department of Transportation, 1200 to granting diabetes exemptions to Jon complications, or inability to manage
New Jersey Avenue SE, Room W64–224, E. Behle, Gavin C. Gore, Stephen R. diabetes; also, any involvement in an
Washington, DC 20590–0001. Office Henderscheidt, and Jose C. Rosario. accident or any other adverse event in
hours are from 8:30 a.m. to 5 p.m., e.t., a CMV or personal vehicle, whether or
Monday through Friday, except Federal IV. Basis for Exemption Determination not it is related to an episode of
holidays. If you have questions Under 49 U.S.C. 31136(e) and 31315, hypoglycemia; (3) each driver must
regarding viewing or submitting FMCSA may grant an exemption from provide a copy of the ophthalmologist’s
material to the docket, contact Docket the diabetes standard in 49 CFR or optometrist’s report to the Medical
Services, telephone (202) 366–9826. 391.41(b)(3) if the exemption is likely to Examiner at the time of the annual
SUPPLEMENTARY INFORMATION: achieve an equivalent or greater level of medical examination; and (4) each
safety than would be achieved without driver must provide a copy of the
I. Electronic Access the exemption. The exemption allows annual medical certification to the
You may see all the comments online the applicants to operate CMVs in employer for retention in the driver’s
daltland on DSKBBV9HB2PROD with NOTICES

through the Federal Document interstate commerce. qualification file, or keeping a copy in
Management System (FDMS) at: http:// The Agency’s decision regarding these his/her driver’s qualification file if he/
www.regulations.gov. exemption applications is based on the she is self-employed. The driver must
Docket: For access to the docket to program eligibility criteria and an also have a copy of the exemption when
read background documents or individualized assessment of driving, for presentation to a duly
comments, go to http:// information submitted by each authorized Federal, State, or local
www.regulations.gov and/or Room applicant. The qualifications, enforcement official.

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Document Created: 2018-07-20 01:19:08
Document Modified: 2018-07-20 01:19:08

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 May 30, 2018. The exemptions expire on May 30, 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 34664

83 FR 34664 - Qualification of Drivers; Exemption Applications; Epilepsy and Seizure Disorders

DEPARTMENT OF TRANSPORTATIONFederal Motor Carrier Safety Administration

Federal Register Volume 83, Issue 140 (July 20, 2018)

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration