83 FR 34670 - 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		34670-34671
FR Document		2018-15578

FMCSA announces its decision to renew exemptions for five 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 140 (Friday, July 20, 2018)

[Federal Register Volume 83, Number 140 (Friday, July 20, 2018)]
[Notices]
[Pages 34670-34671]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-15578]


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

DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2013-0443]


Qualification of Drivers; Exemption Applications; Epilepsy and 
Seizure Disorders

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

ACTION: Notice of renewal of exemptions; request for comments.

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

SUMMARY: FMCSA announces its decision to renew exemptions for five 
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 May 19, 2018. The exemptions 
expire on May 19, 2020. Comments must be received on or before August 
20, 2018.

ADDRESSES: You may submit comments bearing the Federal Docket 
Management System (FDMS) Docket No. FMCSA-2013-0443 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 e.t., 
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

[[Page 34671]]

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. Background

    Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption 
for five years 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 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.]
    The five individuals listed in this notice have requested renewal 
of their exemptions from the epilepsy and seizure disorders prohibition 
in 49 CFR 391.41(b)(8), in accordance with FMCSA procedures. 
Accordingly, FMCSA has evaluated these applications for renewal on 
their merits and decided to extend each exemption for a renewable two-
year period.

II. Request for Comments

    Interested parties or organizations possessing information that 
would otherwise show that any, or all, of these drivers are not 
currently achieving the statutory level of safety should immediately 
notify FMCSA. The Agency will evaluate any adverse evidence submitted 
and, if safety is being compromised or if continuation of the exemption 
would not be consistent with the goals and objectives of 49 U.S.C. 
31136(e) and 31315, FMCSA will take immediate steps to revoke the 
exemption of a driver.

III. Basis for Renewing Exemptions

    In accordance with 49 U.S.C. 31136(e) and 31315, each of the five 
applicants has satisfied the renewal conditions for obtaining an 
exemption from the epilepsy and seizure disorders prohibition. The five 
drivers in this notice remain in good standing with the Agency, have 
maintained their medical monitoring and have not exhibited any medical 
issues that would compromise their ability to safely operate a CMV 
during the previous two-year exemption period. In addition, for 
Commercial Driver's License (CDL) holders, the Commercial Driver's 
License Information System (CDLIS) and the Motor Carrier Management 
Information System (MCMIS) are searched for crash and violation data. 
For non-CDL holders, the Agency reviews the driving records from the 
State Driver's Licensing Agency (SDLA). These factors provide an 
adequate basis for predicting each driver's ability to continue to 
safely operate a CMV in interstate commerce. Therefore, FMCSA concludes 
that extending the exemption for each renewal applicant for a period of 
two years is likely to achieve a level of safety equal to that existing 
without the exemption.
    As of May 19, 2018, and in accordance with 49 U.S.C. 31136(e) and 
31315, the following five individuals have satisfied the renewal 
conditions for obtaining an exemption from the epilepsy and seizure 
disorders prohibition in the FMCSRs for interstate CMV drivers:

Thomas Bynum (NC)
Ronald A. Hartl (WI)
Craig Hoisington (NH)
Michael W. Miller (WI)
Peter M. Thompson (FL)

    The drivers were included in docket number FMCSA-2013-0443. Their 
exemptions are applicable as of May 19, 2018, and will expire on May 
19, 2020.

IV. Conditions and Requirements

    The exemptions are extended subject to the following conditions: 
(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. The exemption will be rescinded if: (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 
before it was granted; or (3) continuation of the exemption would not 
be consistent with the goals and objectives of 49 U.S.C. 31136(e) and 
31315.

V. 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.

VI. Conclusion

    Based upon its evaluation of the five exemption applications, FMCSA 
renews the exemptions of the aforementioned drivers from the epilepsy 
and seizure disorders prohibition in 49 CFR 391.41 (b)(8). In 
accordance with 49 U.S.C. 31136(e) and 31315, each exemption will be 
valid for two years unless revoked earlier by FMCSA.

    Issued on: July 13, 2018.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2018-15578 Filed 7-19-18; 8:45 am]
 BILLING CODE 4910-EX-P

34670 Federal Register / Vol. 83, No. 140 / Friday, July 20, 2018 / Notices

5 p.m., e.t., Monday through Friday, have satisfied the renewal conditions for DATES: The exemptions were applicable
except Federal holidays. obtaining an exemption from the on May 19, 2018. The exemptions
Privacy Act: In accordance with 5 epilepsy and seizure disorders expire on May 19, 2020. Comments
U.S.C. 553(c), DOT solicits comments prohibition in the FMCSRs for interstate must be received on or before August
from the public to better inform its CMV drivers (83 FR 6927): 20, 2018.
rulemaking process. DOT posts these Gary Freeman (AL) ADDRESSES: You may submit comments
comments, without edit, including any Aaron Gillette (SD) bearing the Federal Docket Management
personal information the commenter David L. Kestner (VA) System (FDMS) Docket No. FMCSA–
provides, to http://www.regulations.gov, Chad B. Smith (MA) 2013–0443 using any of the following
as described in the system of records Trever A. Williams (MN) methods:
notice (DOT/ALL–14 FDMS), which can The drivers were included in docket • Federal eRulemaking Portal: Go to
be reviewed at http://www.dot.gov/ numbers FMCSA–2006–25854; http://www.regulations.gov. Follow the
privacy. FMCSA–2013–0108; FMCSA–2014– online instructions for submitting
II. Background 0382. Their exemptions are applicable comments.
as of December 23, 2017, and will expire • Mail: Docket Management Facility,
On February 15, 2018, FMCSA U.S. Department of Transportation, 1200
on December 23, 2019.
published a notice announcing its In accordance with 49 U.S.C. 31315, New Jersey Avenue SE, West Building
decision to renew exemptions for five each exemption will be valid for two Ground Floor, Room W12–140,
individuals from the epilepsy and years from the effective date unless Washington, DC 20590–0001.
seizure disorders prohibition in 49 CFR revoked earlier by FMCSA. The • Hand Delivery: West Building
391.41(b)(8) to operate a CMV in exemption will be revoked if the Ground Floor, Room W12–140, 1200
interstate commerce and requested following occurs: (1) The person fails to New Jersey Avenue SE, Washington,
comments from the public (FR 83 6927). comply with the terms and conditions DC, between 9 a.m. and 5 p.m., e.t.,
The public comment period ended on of the exemption; (2) the exemption has Monday through Friday, except Federal
March 19, 2018, and no comments were resulted in a lower level of safety than Holidays.
received. was maintained prior to being granted; • Fax: 1–202–493–2251.
As stated in the previous notice, Instructions: Each submission must
or (3) continuation of the exemption
FMCSA has evaluated the eligibility of include the Agency name and the
would not be consistent with the goals
these applicants and determined that docket number(s) for this notice. Note
and objectives of 49 U.S.C. 31136 and
renewing these exemptions would that all comments received will be
31315.
achieve a level of safety equivalent to or posted without change to http://
greater than the level that would be Issued on: July 13, 2018.
www.regulations.gov, including any
achieved by complying with the current Larry W. Minor, personal information provided. Please
regulation 49 CFR 391.41(b)(8). Associate Administrator for Policy. see the Privacy Act heading below for
The physical qualification standard [FR Doc. 2018–15576 Filed 7–19–18; 8:45 am] further information.
for drivers regarding epilepsy found in BILLING CODE 4910–EX–P Docket: For access to the docket to
49 CFR 391.41(b)(8) states that a person read background documents or
is physically qualified to drive a CMV comments, go to http://
if that person has no established DEPARTMENT OF TRANSPORTATION www.regulations.gov at any time or
medical history or clinical diagnosis of Room W12–140 on the ground level of
epilepsy or any other condition which Federal Motor Carrier Safety the West Building, 1200 New Jersey
is likely to cause the loss of Administration Avenue SE, Washington, DC, between 9
consciousness or any loss of ability to [Docket No. FMCSA–2013–0443] a.m. and 5 p.m., e.t., Monday through
control a CMV. Friday, except Federal holidays. The
In addition to the regulations, FMCSA Qualification of Drivers; Exemption FDMS is available 24 hours each day
has published advisory criteria to assist Applications; Epilepsy and Seizure e.t., 365 days each year. If you want
Medical Examiners in determining Disorders acknowledgment that we received your
whether drivers with certain medical comments, please include a self-
conditions are qualified to operate a AGENCY: Federal Motor Carrier Safety
addressed, stamped envelope or
CMV in interstate commerce. [49 CFR Administration (FMCSA), DOT.
postcard or print the acknowledgement
part 391, APPENDIX A TO PART 391— ACTION: Notice of renewal of
page that appears after submitting
MEDICAL ADVISORY CRITERIA, exemptions; request for comments. comments online.
section H. Epilepsy: § 391.41(b)(8), Privacy Act: In accordance with 5
paragraphs 3, 4, and 5.] SUMMARY: FMCSA announces its
decision to renew exemptions for five U.S.C. 553(c), DOT solicits comments
III. Discussion of Comments individuals from the requirement in the from the public to better inform its
Federal Motor Carrier Safety rulemaking process. DOT posts these
FMCSA received no comments in this comments, without edit, including any
preceding. Regulations (FMCSRs) that interstate
commercial motor vehicle (CMV) personal information the commenter
IV. Conclusion drivers have ‘‘no established medical provides, to http://www.regulations.gov,
Based upon its evaluation of the five history or clinical diagnosis of epilepsy as described in the system of records
renewal exemption applications, or any other condition which is likely notice (DOT/ALL–14 FDMS), which can
daltland on DSKBBV9HB2PROD with NOTICES

FMCSA announces its’ decision to to cause loss of consciousness or any be reviewed at http://www.dot.gov/
exempt the following drivers from the loss of ability to control a CMV.’’ The privacy.
epilepsy and seizure disorders exemptions enable these individuals FOR FURTHER INFORMATION CONTACT: Ms.
prohibition in 49 CFR 391.41(b)(8): who have had one or more seizures and Christine A. Hydock, Chief, Medical
As of December 23, 2017, and in are taking anti-seizure medication to Programs Division, 202–366–4001,
accordance with 49 U.S.C. 31136(e) and continue to operate CMVs in interstate fmcsamedical@dot.gov, FMCSA,
31315, the following five individuals commerce. Department of Transportation, 1200

VerDate Sep<11>2014 18:06 Jul 19, 2018 Jkt 244001 PO 00000 Frm 00135 Fmt 4703 Sfmt 4703 E:\FR\FM\20JYN1.SGM 20JYN1

Federal Register / Vol. 83, No. 140 / Friday, July 20, 2018 / Notices 34671

New Jersey Avenue SE, Room W64–224, drivers are not currently achieving the exemptions are applicable as of May 19,
Washington, DC 20590–0001. Office statutory level of safety should 2018, and will expire on May 19, 2020.
hours are from 8:30 a.m. to 5 p.m., e.t., immediately notify FMCSA. The
IV. Conditions and Requirements
Monday through Friday, except Federal Agency will evaluate any adverse
holidays. If you have questions evidence submitted and, if safety is The exemptions are extended subject
regarding viewing or submitting being compromised or if continuation of to the following conditions: (1) Each
material to the docket, contact Docket the exemption would not be consistent driver must remain seizure-free and
Services, telephone (202) 366–9826. with the goals and objectives of 49 maintain a stable treatment during the
SUPPLEMENTARY INFORMATION: U.S.C. 31136(e) and 31315, FMCSA will two-year exemption period; (2) each
take immediate steps to revoke the driver must submit annual reports from
I. Background exemption of a driver. their treating physicians attesting to the
Under 49 U.S.C. 31136(e) and 31315, III. Basis for Renewing Exemptions stability of treatment and that the driver
FMCSA may grant an exemption for five has remained seizure-free; (3) each
years if it finds ‘‘such exemption would In accordance with 49 U.S.C. 31136(e) driver must undergo an annual medical
likely achieve a level of safety that is and 31315, each of the five applicants examination by a certified Medical
equivalent to or greater than the level has satisfied the renewal conditions for Examiner, as defined by 49 CFR 390.5;
that would be achieved absent such obtaining an exemption from the and (4) each driver must provide a copy
exemption.’’ The statute also allows the epilepsy and seizure disorders of the annual medical certification to
Agency to renew exemptions at the end prohibition. The five drivers in this the employer for retention in the
of the five-year period. FMCSA grants notice remain in good standing with the driver’s qualification file, or keep a copy
exemptions from the FMCSRs for a two- Agency, have maintained their medical of his/her driver’s qualification file if
year period to align with the maximum monitoring and have not exhibited any he/she is self-employed. The driver
duration of a driver’s medical medical issues that would compromise must also have a copy of the exemption
certification. their ability to safely operate a CMV when driving, for presentation to a duly
The physical qualification standard during the previous two-year exemption authorized Federal, State, or local
for drivers regarding epilepsy found in period. In addition, for Commercial enforcement official. The exemption
49 CFR 391.41(b)(8) states that a person Driver’s License (CDL) holders, the will be rescinded if: (1) The person fails
is physically qualified to drive a CMV Commercial Driver’s License to comply with the terms and
if that person has no established Information System (CDLIS) and the conditions of the exemption; (2) the
medical history or clinical diagnosis of Motor Carrier Management Information exemption has resulted in a lower level
epilepsy or any other condition which System (MCMIS) are searched for crash of safety than was maintained before it
is likely to cause the loss of and violation data. For non-CDL was granted; or (3) continuation of the
consciousness or any loss of ability to holders, the Agency reviews the driving exemption would not be consistent with
control a CMV. records from the State Driver’s the goals and objectives of 49 U.S.C.
In addition to the regulations, FMCSA Licensing Agency (SDLA). These factors 31136(e) and 31315.
has published advisory criteria to assist provide an adequate basis for predicting
each driver’s ability to continue to V. Preemption
Medical Examiners in determining
whether drivers with certain medical safely operate a CMV in interstate During the period the exemption is in
conditions are qualified to operate a commerce. Therefore, FMCSA effect, no State shall enforce any law or
CMV in interstate commerce. [49 CFR concludes that extending the exemption regulation that conflicts with this
part 391, APPENDIX A TO PART 391— for each renewal applicant for a period exemption with respect to a person
MEDICAL ADVISORY CRITERIA, of two years is likely to achieve a level operating under the exemption.
section H. Epilepsy: § 391.41(b)(8), of safety equal to that existing without
paragraphs 3, 4, and 5.] the exemption. VI. Conclusion
The five individuals listed in this As of May 19, 2018, and in
accordance with 49 U.S.C. 31136(e) and Based upon its evaluation of the five
notice have requested renewal of their exemption applications, FMCSA renews
exemptions from the epilepsy and 31315, the following five individuals
have satisfied the renewal conditions for the exemptions of the aforementioned
seizure disorders prohibition in 49 CFR drivers from the epilepsy and seizure
391.41(b)(8), in accordance with obtaining an exemption from the
epilepsy and seizure disorders disorders prohibition in 49 CFR 391.41
FMCSA procedures. Accordingly, (b)(8). In accordance with 49 U.S.C.
FMCSA has evaluated these prohibition in the FMCSRs for interstate
CMV drivers: 31136(e) and 31315, each exemption
applications for renewal on their merits will be valid for two years unless
and decided to extend each exemption Thomas Bynum (NC) revoked earlier by FMCSA.
for a renewable two-year period. Ronald A. Hartl (WI)
Craig Hoisington (NH) Issued on: July 13, 2018.
II. Request for Comments Michael W. Miller (WI) Larry W. Minor,
Interested parties or organizations Peter M. Thompson (FL) Associate Administrator for Policy.
possessing information that would The drivers were included in docket [FR Doc. 2018–15578 Filed 7–19–18; 8:45 am]
otherwise show that any, or all, of these number FMCSA–2013–0443. Their BILLING CODE 4910–EX–P
daltland on DSKBBV9HB2PROD with NOTICES

VerDate Sep<11>2014 18:06 Jul 19, 2018 Jkt 244001 PO 00000 Frm 00136 Fmt 4703 Sfmt 4703 E:\FR\FM\20JYN1.SGM 20JYN1

Document Created: 2018-07-20 01:18:29
Document Modified: 2018-07-20 01:18:29

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 renewal of exemptions; request for comments.
Dates		The exemptions were applicable on May 19, 2018. The exemptions expire on May 19, 2020. Comments must be received on or before August 20, 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 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 34670

83 FR 34670 - 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