83 FR 34678 - 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		34678-34679
FR Document		2018-15545

FMCSA announces its decision to exempt seven 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 34678-34679]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-15545]


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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 final disposition.

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SUMMARY: FMCSA announces its decision to exempt seven 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 July 1, 2018. The exemptions 
expire on July 1, 2020.

FOR FURTHER INFORMATION CONTACT: Ms. Christine A. Hydock, Chief, 
Medical Programs Division, (202) 366-4001, [email protected], FMCSA, 
Department of Transportation, 1200 New Jersey Avenue SE, Room W64-224, 
Washington, DC 20590-0001. Office hours are from 8:30 a.m. to 5 p.m., 
e.t., Monday through Friday, except Federal holidays. If you have 
questions regarding viewing or submitting material to the docket, 
contact Docket Services, telephone (202) 366-9826.

SUPPLEMENTARY INFORMATION:

I. Electronic Access

    You may see all the comments online through the Federal Document 
Management System (FDMS) at: http://www.regulations.gov.
    Docket: For access to the docket to read background documents or 
comments, go to http://www.regulations.gov and/or Room W12-140 on the 
ground level of the West Building, 1200 New Jersey Avenue SE, 
Washington, DC, between 9 a.m. and 5 p.m., e.t., Monday through Friday, 
except Federal holidays.
    Privacy Act: In accordance with 5 U.S.C. 553(c), DOT solicits 
comments from the public to better inform its rulemaking process. DOT 
posts these comments, without edit, including any personal information 
the commenter provides, to http://www.regulations.gov, as described in 
the system of records notice (DOT/ALL-14 FDMS), which can be reviewed 
at http://www.dot.gov/privacy.

II. Background

    On May 24, 2018, FMCSA published a notice announcing receipt of 
applications from seven 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 24153). The public comment 
period ended on June 25, 2018, and one comment was 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.

[[Page 34679]]

    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.
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III. Discussion of Comments

    FMCSA received one comment in this proceeding. Vicky Johnson, an 
employee of the Minnesota Department of Public Safety (DPS), stated 
that the Minnesota DPS has no objections in the granting of an 
exemption to Jesse Hansen.

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 May 24, 2018 Federal Register notice (83 
FR 24153) and will not be repeated in this notice.
    These seven applicants have been seizure-free over a range of 22 
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 seven 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:

Scott D. DeJarnette (KY)
James R. Grant (NH)
Jesse Hansen (MN)
Troy L. Nichols (IL)
Nick J. Ramirez (CA)
Scott A. Ready, Sr. (WI)
Michael A. Warren (MI)

    In accordance with 49 U.S.C. 31315(b)(1), each exemption will be 
valid for two years from the effective date unless revoked earlier by 
FMCSA. The exemption will be revoked if the following occurs: (1) The 
person fails to comply with the terms and conditions of the exemption; 
(2) the exemption has resulted in a lower level of safety than was 
maintained prior to being granted; or (3) continuation of the exemption 
would not be consistent with the goals and objectives of 49 U.S.C. 
31136 and 31315.

    Issued on: July 13, 2018.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2018-15545 Filed 7-19-18; 8:45 am]
 BILLING CODE 4910-EX-P

34678 Federal Register / Vol. 83, No. 140 / Friday, July 20, 2018 / Notices

in careers ranging for 5 to 58 years. In Thomas R. Krentz (MN) Department of Transportation, 1200
the past three years, no drivers were Phil M. Lamp (WV) New Jersey Avenue SE, Room W64–224,
involved in crashes, and no drivers were Jeffery S. Lathrop (NC) Washington, DC 20590–0001. Office
convicted of moving violations in Terrence A. Odrick (DE) hours are from 8:30 a.m. to 5 p.m., e.t.,
CMVs. All the applicants achieved a James B. Powell (IL) Monday through Friday, except Federal
record of safety while driving with their Raymond C. Smith (PA) holidays. If you have questions
vision impairment, demonstrating the Zebrial C. Stahmer (MT) regarding viewing or submitting
likelihood that they have adapted their Leon W. Tanksley, III (GA) material to the docket, contact Docket
driving skills to accommodate their Services, telephone (202) 366–9826.
Timothy E. Thomas (NC)
condition. As the applicants’ ample
In accordance with 49 U.S.C. 31136(e) SUPPLEMENTARY INFORMATION:
driving histories with their vision
deficiencies are good predictors of and 31315, each exemption will be valid I. Electronic Access
future performance, FMCSA concludes for two years from the effective date
their ability to drive safely can be unless revoked earlier by FMCSA. The You may see all the comments online
projected into the future. exemption will be revoked if the through the Federal Document
Consequently, FMCSA finds that in following occurs: (1) The person fails to Management System (FDMS) at: http://
each case exempting these applicants comply with the terms and conditions www.regulations.gov.
from the vision requirement in 49 CFR of the exemption; (2) the exemption has Docket: For access to the docket to
391.41(b)(10) is likely to achieve a level resulted in a lower level of safety than read background documents or
of safety equal to that existing without was maintained prior to being granted; comments, go to http://
the exemption. or (3) continuation of the exemption www.regulations.gov and/or Room
would not be consistent with the goals W12–140 on the ground level of the
V. Conditions and Requirements and objectives of 49 U.S.C. 31136 and West Building, 1200 New Jersey Avenue
The terms and conditions of the 31315. SE, Washington, DC, between 9 a.m. and
exemption are provided to the Issued on: July 13, 2018. 5 p.m., e.t., Monday through Friday,
applicants in the exemption document Larry W. Minor, except Federal holidays.
and includes the following: (1) Each Privacy Act: In accordance with 5
Associate Administrator for Policy.
driver must be physically examined U.S.C. 553(c), DOT solicits comments
[FR Doc. 2018–15550 Filed 7–19–18; 8:45 am]
every year (a) by an ophthalmologist or from the public to better inform its
optometrist who attests that the vision BILLING CODE 4910–EX–P
rulemaking process. DOT posts these
in the better eye continues to meet the comments, without edit, including any
standard in 49 CFR 391.41(b)(10) and (b) personal information the commenter
DEPARTMENT OF TRANSPORTATION
by a certified Medical Examiner who provides, to http://www.regulations.gov,
attests that the individual is otherwise Federal Motor Carrier Safety as described in the system of records
physically qualified under 49 CFR Administration notice (DOT/ALL–14 FDMS), which can
391.41; (2) each driver must provide a be reviewed at http://www.dot.gov/
copy of the ophthalmologist’s or [Docket No. FMCSA–2018–0052]
privacy.
optometrist’s report to the Medical
Examiner at the time of the annual Qualification of Drivers; Exemption II. Background
medical examination; and (3) each Applications; Epilepsy and Seizure
Disorders On May 24, 2018, FMCSA published
driver must provide a copy of the
a notice announcing receipt of
annual medical certification to the AGENCY: Federal Motor Carrier Safety applications from seven individuals
employer for retention in the driver’s Administration (FMCSA), DOT. requesting an exemption from the
qualification file, or keep a copy in his/
ACTION: Notice of final disposition. epilepsy and seizure disorders
her driver’s qualification file if he/she is
prohibition in 49 CFR 391.41(b)(8) and
self-employed. The driver must also SUMMARY: FMCSA announces its requested comments from the public (83
have a copy of the exemption when decision to exempt seven individuals FR 24153). The public comment period
driving, for presentation to a duly from the requirement in the Federal ended on June 25, 2018, and one
authorized Federal, State, or local Motor Carrier Safety Regulations comment was received.
enforcement official. (FMCSRs) that interstate commercial FMCSA has evaluated the eligibility
VI. Preemption motor vehicle (CMV) drivers have ‘‘no of these applicants and determined that
established medical history or clinical granting exemptions to these
During the period the exemption is in
diagnosis of epilepsy or any other individuals would achieve a level of
effect, no State shall enforce any law or
condition which is likely to cause loss safety equivalent to or greater than the
regulation that conflicts with this
of consciousness or any loss of ability to level that would be achieved by
exemption with respect to a person
control a CMV.’’ The exemptions enable complying with the current regulation
operating under the exemption.
these individuals who have had one or 49 CFR 391.41(b)(8).
VII. Conclusion more seizures and are taking anti-
The physical qualification standard
Based upon its evaluation of the 12 seizure medication to operate CMVs in
for drivers regarding epilepsy found in
exemption applications, FMCSA interstate commerce.
49 CFR 391.41(b)(8) states that a person
daltland on DSKBBV9HB2PROD with NOTICES

exempts the following drivers from the DATES: The exemptions were applicable is physically qualified to drive a CMV
vision requirement, 49 CFR on July 1, 2018. The exemptions expire if that person has no established
391.41(b)(10), subject to the on July 1, 2020. medical history or clinical diagnosis of
requirements cited above: FOR FURTHER INFORMATION CONTACT: Ms. epilepsy or any other condition which
Joseph W. Davis (NC) Christine A. Hydock, Chief, Medical is likely to cause the loss of
Joshua D. Giles (NC) Programs Division, (202) 366–4001, consciousness or any loss of ability to
Michael J. Haubert (WI) fmcsamedical@dot.gov, FMCSA, control a CMV.

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Federal Register / Vol. 83, No. 140 / Friday, July 20, 2018 / Notices 34679

In addition to the regulations, FMCSA System (MCMIS). For non-CDL holders, exempts the following drivers from the
has published advisory criteria 1 to the Agency reviewed the driving records epilepsy and seizure disorder
assist medical examiners in determining from the State Driver’s Licensing prohibition, 49 CFR 391.41(b)(8), subject
whether drivers with certain medical Agency (SDLA). A summary of each to the requirements cited above:
conditions are qualified to operate a applicant’s seizure history was Scott D. DeJarnette (KY)
CMV in interstate commerce. [49 CFR discussed in the May 24, 2018 Federal James R. Grant (NH)
part 391, APPENDIX A TO PART 391— Register notice (83 FR 24153) and will Jesse Hansen (MN)
MEDICAL ADVISORY CRITERIA, not be repeated in this notice. Troy L. Nichols (IL)
section H. Epilepsy: § 391.41(b)(8), These seven applicants have been Nick J. Ramirez (CA)
paragraphs 3, 4, and 5.] seizure-free over a range of 22 years Scott A. Ready, Sr. (WI)
while taking anti-seizure medication Michael A. Warren (MI)
III. Discussion of Comments In accordance with 49 U.S.C.
and maintained a stable medication
FMCSA received one comment in this treatment regimen for the last two years. 31315(b)(1), each exemption will be
proceeding. Vicky Johnson, an In each case, the applicant’s treating valid for two years from the effective
employee of the Minnesota Department physician verified his or her seizure date unless revoked earlier by FMCSA.
of Public Safety (DPS), stated that the history and supports the ability to drive The exemption will be revoked if the
Minnesota DPS has no objections in the commercially. following occurs: (1) The person fails to
granting of an exemption to Jesse The Agency acknowledges the comply with the terms and conditions
Hansen. potential consequences of a driver of the exemption; (2) the exemption has
IV. Basis for Exemption Determination experiencing a seizure while operating a resulted in a lower level of safety than
CMV. However, the Agency believes the was maintained prior to being granted;
Under 49 U.S.C. 31136(e) and drivers granted this exemption have or (3) continuation of the exemption
31315(b), FMCSA may grant an demonstrated that they are unlikely to would not be consistent with the goals
exemption from the epilepsy and have a seizure and their medical and objectives of 49 U.S.C. 31136 and
seizure disorder prohibition in 49 CFR condition does not pose a risk to public 31315.
391.41(b)(8) if the exemption is likely to safety.
achieve an equivalent or greater level of Issued on: July 13, 2018.
Consequently, FMCSA finds that in Larry W. Minor,
safety than would be achieved without each case exempting these applicants
the exemption. The exemption allows Associate Administrator for Policy.
from the epilepsy and seizure disorder
the applicants to operate CMVs in prohibition in 49 CFR 391.41(b)(8) is [FR Doc. 2018–15545 Filed 7–19–18; 8:45 am]
interstate commerce. likely to achieve a level of safety equal BILLING CODE 4910–EX–P
In reaching the decision to grant these to that existing without the exemption.
exemption requests, FMCSA considered
the 2007 recommendations of the V. Conditions and Requirements DEPARTMENT OF TRANSPORTATION
Agency’s Medical Expert Panel (MEP). The terms and conditions of the
The January 15, 2013, Federal Register Federal Transit Administration
exemption are provided to the
notice (78 FR 3069) provides the current applicants in the exemption document
MEP recommendations which is the Limitation on Claims Against Proposed
and includes the following: (1) Each Public Transportation Projects
criteria the Agency uses to grant seizure driver must remain seizure-free and
exemptions. maintain a stable treatment during the AGENCY: Federal Transit Administration
The Agency’s decision regarding these two-year exemption period; (2) each (FTA), DOT.
exemption applications is based on an driver must submit annual reports from ACTION: Notice.
individualized assessment of each their treating physicians attesting to the
applicant’s medical information, stability of treatment and that the driver SUMMARY: This notice announces final
including the root cause of the has remained seizure-free; (3) each environmental actions taken by the
respective seizure(s) and medical driver must undergo an annual medical Federal Transit Administration (FTA)
information about the applicant’s examination by a certified Medical for the Santa Clara Valley
seizure history, the length of time that Examiner, as defined by 49 CFR 390.5; Transportation Authority’s (VTA’s) Bay
has elapsed since the individual’s last and (4) each driver must provide a copy Area Rapid Transit (BART) Silicon
seizure, the stability of each individual’s of the annual medical certification to Valley Phase II Extension project in
treatment regimen and the duration of the employer for retention in the Santa Clara County, California. The
time on or off of anti-seizure driver’s qualification file, or keep a copy project will extend the BART system
medication. In addition, the Agency of his/her driver’s qualification file if from the Berryessa/North San José
reviewed the treating clinician’s he/she is self-employed. The driver Station through downtown San José to
medical opinion related to the ability of must also have a copy of the exemption the Santa Clara Caltrain Station. The
the driver to safely operate a CMV with when driving, for presentation to a duly project will include design,
a history of seizure and each applicant’s authorized Federal, State, or local construction, and future operation of a
driving record found in the Commercial enforcement official. six-mile transit extension consisting of a
Driver’s License Information System five-mile-long single-bore tunnel; three
(CDLIS) for commercial driver’s license VI. Preemption transit stations in the City of San José,
(CDL) holders, and interstate and During the period the exemption is in one transit station and a maintenance
intrastate inspections recorded in the effect, no State shall enforce any law or facility in the City of Santa Clara, and
daltland on DSKBBV9HB2PROD with NOTICES

Motor Carrier Management Information regulation that conflicts with this two ventilation structures along the
exemption with respect to a person alignment. The purpose of this notice is
1 See http://www.ecfr.gov/cgi-bin/text-idx?SID=
operating under the exemption. to announce publicly the environmental
e47b48a9ea42dd67d999246e23d97970& decisions by FTA on the subject project
mc=true&node=pt49.5.391&rgn=div5#ap49.5.391_ VII. Conclusion and to activate the limitation on any
171.a and https://www.gpo.gov/fdsys/pkg/CFR-
2015-title49-vol5/pdf/CFR-2015-title49-vol5- Based upon its evaluation of the seven claims that may challenge this final
part391-appA.pdf. exemption applications, FMCSA environmental action.

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Document Created: 2018-07-20 01:18:38
Document Modified: 2018-07-20 01:18:38

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 July 1, 2018. The exemptions expire on July 1, 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 34678

83 FR 34678 - 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