83 FR 40624 - Qualification of Drivers; Exemption Applications; Epilepsy and Seizure Disorders

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration

Federal Register Volume 83, Issue 158 (August 15, 2018)

Page Range		40624-40625
FR Document		2018-17569

FMCSA announces its decision to renew exemptions for four 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 158 (Wednesday, August 15, 2018)

[Federal Register Volume 83, Number 158 (Wednesday, August 15, 2018)]
[Notices]
[Pages 40624-40625]
From the Federal Register Online [www.thefederalregister.org]
[FR Doc No: 2018-17569]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket Nos. FMCSA 2012-0294; FMCSA 2013-0442; FMCSA-2013-0445; FMCSA-
2015-0321]

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 four
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: Each group of renewed exemptions were applicable on the dates
stated in the discussions below and will expire on the dates stated in
the discussions below. Comments must be received on or before September
14, 2018.

ADDRESSES: You may submit comments bearing the Federal Docket
Management System (FDMS) Docket Nos. FMCSA 2012-0294; FMCSA 2013-0442;
FMCSA-2013-0445; FMCSA-2015-0321 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, 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. 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 four 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 four
applicants has satisfied the renewal conditions for obtaining an
exemption from the epilepsy and seizure disorders prohibition. The four
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

[[Page 40625]]

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.
In accordance with 49 U.S.C. 31136(e) and 31315, the following
groups of drivers received renewed exemptions in the month of July and
are discussed below:
As of July 5, 2018, and in accordance with 49 U.S.C. 31136(e) and
31315, the following individual has satisfied the renewal conditions
for obtaining an exemption from the epilepsy and seizure disorders
prohibition in the FMCSRs for interstate CMV drivers:
Brian Checkley, Jr. (NJ).
This driver was included in docket number FMCSA-2015-0321. His
exemption is applicable as of July 5, 2018, and will expire on July 5,
2020.
As of July 8, 2018, and in accordance with 49 U.S.C. 31136(e) and
31315, the following two individuals have satisfied the renewal
conditions for obtaining an exemption from the epilepsy and seizure
disorders prohibition in the FMCSRs for interstate CMV drivers:
Samuel Beverly (VA) and Michael Duprey (CT).
The drivers were included in docket numbers FMCSA 2012-0294 and
FMCSA-2013-0442. Their exemptions are applicable as of July 8, 2018,
and will expire on July 8, 2020.
As of July 14, 2018, and in accordance with 49 U.S.C. 31136(e) and
31315, the following individual has satisfied the renewal conditions
for obtaining an exemption from the epilepsy and seizure disorders
prohibition in the FMCSRs for interstate CMV drivers:
Ronald Blount (GA).
This driver was included in docket number FMCSA-2013-0445. His
exemption is applicable as of July 14, 2018, and will expire on July
14, 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 four 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: August 8, 2018.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2018-17569 Filed 8-14-18; 8:45 am]
BILLING CODE 4910-EX-P

40624 Federal Register / Vol. 83, No. 158 / Wednesday, August 15, 2018 / Notices

Issued on: August 8, 2018. • Fax: 1–202–493–2251. The physical qualification standard
Larry W. Minor, Instructions: Each submission must for drivers regarding epilepsy found in
Associate Administrator for Policy. include the Agency name and the 49 CFR 391.41(b)(8) states that a person
[FR Doc. 2018–17610 Filed 8–14–18; 8:45 am] docket number(s) for this notice. Note is physically qualified to drive a CMV
BILLING CODE 4910–EX–P that all comments received will be if that person has no established
posted without change to http:// medical history or clinical diagnosis of
www.regulations.gov, including any epilepsy or any other condition which
DEPARTMENT OF TRANSPORTATION personal information provided. Please is likely to cause the loss of
see the Privacy Act heading below for consciousness or any loss of ability to
Federal Motor Carrier Safety further information. control a CMV.
Administration Docket: For access to the docket to In addition to the regulations, FMCSA
read background documents or has published advisory criteria to assist
[Docket Nos. FMCSA 2012–0294; FMCSA
2013–0442; FMCSA–2013–0445; FMCSA– comments, go to http:// Medical Examiners in determining
2015–0321] www.regulations.gov at any time or whether drivers with certain medical
Room W12–140 on the ground level of conditions are qualified to operate a
Qualification of Drivers; Exemption CMV in interstate commerce. [49 CFR
the West Building, 1200 New Jersey
Applications; Epilepsy and Seizure part 391, APPENDIX A TO PART 391—
Avenue SE, Washington, DC, between 9
Disorders MEDICAL ADVISORY CRITERIA,
a.m. and 5 p.m., e.t., Monday through
section H. Epilepsy: § 391.41(b)(8),
AGENCY: Federal Motor Carrier Safety Friday, except Federal holidays. The
paragraphs 3, 4, and 5.]
Administration (FMCSA), DOT. FDMS is available 24 hours each day The four individuals listed in this
ACTION: Notice of renewal of e.t., 365 days each year. If you want notice have requested renewal of their
exemptions; request for comments. acknowledgment that we received your exemptions from the epilepsy and
comments, please include a self- seizure disorders prohibition in 49 CFR
SUMMARY: FMCSA announces its addressed, stamped envelope or 391.41(b)(8), in accordance with
decision to renew exemptions for four postcard or print the acknowledgement FMCSA procedures. Accordingly,
individuals from the requirement in the page that appears after submitting FMCSA has evaluated these
Federal Motor Carrier Safety comments online. applications for renewal on their merits
Regulations (FMCSRs) that interstate Privacy Act: In accordance with 5 and decided to extend each exemption
commercial motor vehicle (CMV) U.S.C. 553(c), DOT solicits comments for a renewable two-year period.
drivers have ‘‘no established medical from the public to better inform its
history or clinical diagnosis of epilepsy rulemaking process. DOT posts these II. Request for Comments
or any other condition which is likely comments, without edit, including any Interested parties or organizations
to cause loss of consciousness or any personal information the commenter possessing information that would
loss of ability to control a CMV.’’ The provides, to http://www.regulations.gov, otherwise show that any, or all, of these
exemptions enable these individuals as described in the system of records drivers are not currently achieving the
who have had one or more seizures and notice (DOT/ALL–14 FDMS), which can statutory level of safety should
are taking anti-seizure medication to be reviewed at http://www.dot.gov/ immediately notify FMCSA. The
continue to operate CMVs in interstate privacy. Agency will evaluate any adverse
commerce. evidence submitted and, if safety is
DATES: Each group of renewed
FOR FURTHER INFORMATION CONTACT: Ms.
being compromised or if continuation of
exemptions were applicable on the Christine A. Hydock, Chief, Medical
the exemption would not be consistent
dates stated in the discussions below Programs Division, 202–366–4001,
with the goals and objectives of 49
and will expire on the dates stated in fmcsamedical@dot.gov, FMCSA,
U.S.C. 31136(e) and 31315, FMCSA will
the discussions below. Comments must Department of Transportation, 1200
take immediate steps to revoke the
be received on or before September 14, New Jersey Avenue SE, Room W64–224,
exemption of a driver.
2018. Washington, DC 20590–0001. Office
hours are from 8:30 a.m. to 5 p.m., e.t., III. Basis for Renewing Exemptions
ADDRESSES: You may submit comments
Monday through Friday, except Federal In accordance with 49 U.S.C. 31136(e)
bearing the Federal Docket Management holidays. If you have questions
System (FDMS) Docket Nos. FMCSA and 31315, each of the four applicants
regarding viewing or submitting has satisfied the renewal conditions for
2012–0294; FMCSA 2013–0442; material to the docket, contact Docket
FMCSA–2013–0445; FMCSA–2015– obtaining an exemption from the
Services, telephone (202) 366–9826. epilepsy and seizure disorders
0321 using any of the following
methods: SUPPLEMENTARY INFORMATION: prohibition. The four drivers in this
• Federal eRulemaking Portal: Go to I. Background
notice remain in good standing with the
http://www.regulations.gov. Follow the Agency, have maintained their medical
online instructions for submitting Under 49 U.S.C. 31136(e) and 31315, monitoring and have not exhibited any
comments. FMCSA may grant an exemption for five medical issues that would compromise
• Mail: Docket Management Facility; years if it finds ‘‘such exemption would their ability to safely operate a CMV
U.S. Department of Transportation, 1200 likely achieve a level of safety that is during the previous two-year exemption
New Jersey Avenue SE, West Building equivalent to or greater than the level period. In addition, for Commercial
Ground Floor, Room W12–140, that would be achieved absent such Driver’s License (CDL) holders, the
daltland on DSKBBV9HB2PROD with NOTICES

Washington, DC 20590–0001. exemption.’’ The statute also allows the Commercial Driver’s License
• Hand Delivery: West Building Agency to renew exemptions at the end Information System (CDLIS) and the
Ground Floor, Room W12–140, 1200 of the five-year period. FMCSA grants Motor Carrier Management Information
New Jersey Avenue SE, Washington, exemptions from the FMCSRs for a two- System (MCMIS) are searched for crash
DC, between 9 a.m. and 5 p.m., e.t., year period to align with the maximum and violation data. For non-CDL
Monday through Friday, except Federal duration of a driver’s medical holders, the Agency reviews the driving
Holidays. certification. records from the State Driver’s

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Federal Register / Vol. 83, No. 158 / Wednesday, August 15, 2018 / Notices 40625

Licensing Agency (SDLA). These factors the employer for retention in the to cause loss of consciousness or any
provide an adequate basis for predicting driver’s qualification file, or keep a copy loss of ability to control a CMV.’’ The
each driver’s ability to continue to of his/her driver’s qualification file if exemptions enable these individuals
safely operate a CMV in interstate he/she is self-employed. The driver who have had one or more seizures and
commerce. Therefore, FMCSA must also have a copy of the exemption are taking anti-seizure medication to
concludes that extending the exemption when driving, for presentation to a duly continue to operate CMVs in interstate
for each renewal applicant for a period authorized Federal, State, or local commerce.
of two years is likely to achieve a level enforcement official. The exemption DATES: Each group of renewed
of safety equal to that existing without will be rescinded if: (1) The person fails exemptions were applicable on the
the exemption. to comply with the terms and dates stated in the discussions below
In accordance with 49 U.S.C. 31136(e) conditions of the exemption; (2) the and will expire on the dates stated in
and 31315, the following groups of exemption has resulted in a lower level the discussions below. Comments must
drivers received renewed exemptions in of safety than was maintained before it be received on or before September 14,
the month of July and are discussed was granted; or (3) continuation of the 2018.
below: exemption would not be consistent with ADDRESSES: You may submit comments
As of July 5, 2018, and in accordance the goals and objectives of 49 U.S.C. bearing the Federal Docket Management
with 49 U.S.C. 31136(e) and 31315, the 31136(e) and 31315. System (FDMS) Docket Nos. FMCSA–
following individual has satisfied the
V. Preemption 2011–0389; FMCSA–2012–0294;
renewal conditions for obtaining an
FMCSA–2013–0109; FMCSA–2013–
exemption from the epilepsy and During the period the exemption is in
0442; FMCSA–2014–0380; FMCSA
seizure disorders prohibition in the effect, no State shall enforce any law or
2015–0321 using any of the following
FMCSRs for interstate CMV drivers: regulation that conflicts with this
Brian Checkley, Jr. (NJ). methods:
exemption with respect to a person
This driver was included in docket • Federal eRulemaking Portal: Go to
operating under the exemption.
number FMCSA–2015–0321. His http://www.regulations.gov. Follow the
exemption is applicable as of July 5, VI. Conclusion online instructions for submitting
2018, and will expire on July 5, 2020. Based upon its evaluation of the four comments.
As of July 8, 2018, and in accordance exemption applications, FMCSA renews • Mail: Docket Management Facility;
with 49 U.S.C. 31136(e) and 31315, the the exemptions of the aforementioned U.S. Department of Transportation, 1200
following two individuals have satisfied drivers from the epilepsy and seizure New Jersey Avenue SE, West Building
the renewal conditions for obtaining an disorders prohibition in 49 CFR Ground Floor, Room W12–140,
exemption from the epilepsy and 391.41(b)(8). In accordance with 49 Washington, DC 20590–0001.
seizure disorders prohibition in the U.S.C. 31136(e) and 31315, each • Hand Delivery: West Building
FMCSRs for interstate CMV drivers: exemption will be valid for two years Ground Floor, Room W12–140, 1200
Samuel Beverly (VA) and Michael unless revoked earlier by FMCSA. New Jersey Avenue SE, Washington,
Duprey (CT). DC, between 9 a.m. and 5 p.m., e.t.,
Issued on: August 8, 2018. Monday through Friday, except Federal
The drivers were included in docket
Larry W. Minor, Holidays.
numbers FMCSA 2012–0294 and
FMCSA–2013–0442. Their exemptions Associate Administrator for Policy. • Fax: 1–202–493–2251.
are applicable as of July 8, 2018, and [FR Doc. 2018–17569 Filed 8–14–18; 8:45 am] Instructions: Each submission must
will expire on July 8, 2020. BILLING CODE 4910–EX–P include the Agency name and the
As of July 14, 2018, and in accordance docket number(s) for this notice. Note
with 49 U.S.C. 31136(e) and 31315, the that all comments received will be
following individual has satisfied the DEPARTMENT OF TRANSPORTATION posted without change to http://
renewal conditions for obtaining an www.regulations.gov, including any
Federal Motor Carrier Safety personal information provided. Please
exemption from the epilepsy and
Administration see the Privacy Act heading below for
seizure disorders prohibition in the
FMCSRs for interstate CMV drivers: [Docket No. FMCSA–2011–0389; FMCSA– further information.
Ronald Blount (GA). 2012–0294; FMCSA–2013–0109; FMCSA– Docket: For access to the docket to
This driver was included in docket 2013–0442; FMCSA–2014–0380; FMCSA read background documents or
number FMCSA–2013–0445. His 2015–0321] comments, go to http://
exemption is applicable as of July 14, www.regulations.gov at any time or
2018, and will expire on July 14, 2020. Qualification of Drivers; Exemption Room W12–140 on the ground level of
Applications; Epilepsy and Seizure the West Building, 1200 New Jersey
IV. Conditions and Requirements Disorders Avenue SE, Washington, DC, between 9
The exemptions are extended subject AGENCY: Federal Motor Carrier Safety a.m. and 5 p.m., e.t., Monday through
to the following conditions: (1) Each Administration (FMCSA), DOT. Friday, except Federal holidays. The
driver must remain seizure-free and ACTION: Notice of renewal of FDMS is available 24 hours each day
maintain a stable treatment during the exemptions; request for comments. e.t., 365 days each year. If you want
two-year exemption period; (2) each acknowledgment that we received your
driver must submit annual reports from SUMMARY: FMCSA announces its comments, please include a self-
their treating physicians attesting to the decision to renew exemptions for 20 addressed, stamped envelope or
daltland on DSKBBV9HB2PROD with NOTICES

stability of treatment and that the driver individuals from the requirement in the postcard or print the acknowledgement
has remained seizure-free; (3) each Federal Motor Carrier Safety page that appears after submitting
driver must undergo an annual medical Regulations (FMCSRs) that interstate comments online.
examination by a certified Medical commercial motor vehicle (CMV) Privacy Act: In accordance with 5
Examiner, as defined by 49 CFR 390.5; drivers have ‘‘no established medical U.S.C. 553(c), DOT solicits comments
and (4) each driver must provide a copy history or clinical diagnosis of epilepsy from the public to better inform its
of the annual medical certification to or any other condition which is likely rulemaking process. DOT posts these

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Document Created: 2018-08-15 01:26:47
Document Modified: 2018-08-15 01:26:47

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		Each group of renewed exemptions were applicable on the dates stated in the discussions below and will expire on the dates stated in the discussions below. Comments must be received on or before September 14, 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 40624

83 FR 40624 - Qualification of Drivers; Exemption Applications; Epilepsy and Seizure Disorders

DEPARTMENT OF TRANSPORTATIONFederal Motor Carrier Safety Administration

Federal Register Volume 83, Issue 158 (August 15, 2018)

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration