83 FR 4539 - Qualification of Drivers; Exemption Applications; Epilepsy and Seizure Disorders
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration Federal Register Volume 83, Issue 21 (January 31, 2018)
Federal Motor Carrier Safety Administration
Federal Register Volume 83, Issue 21 (January 31, 2018)
| Page Range | 4539-4540 | |
| FR Document | 2018-01933 |
[Federal Register Volume 83, Number 21 (Wednesday, January 31, 2018)] [Notices] [Pages 4539-4540] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-01933] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [FMCSA Docket No. FMCSA-2017-0252] 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 two 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 December 28, 2017. The exemptions expire on December 28, 2019. 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, [[Page 4540]] 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 November 27, 2017, FMCSA published a notice announcing receipt of applications from two individuals requesting an exemption from the epilepsy and seizure disorders prohibition in 49 CFR 391.41(b)(8) and requested comments from the public 82 FR 56108. The public comment period ended on December 27, 2017, and zero 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 zero 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 November 27, 2017 Federal Register notice 82 FR 56108 and will not be repeated in this notice. These two applicants have been seizure-free over a range of 11 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 two 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: David W. Pamperin (WI); Sury L. Seijas (CT). 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: January 19, 2018. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2018-01933 Filed 1-30-18; 8:45 am] BILLING CODE 4910-EX-P
![Federal Register / Vol. 83, No. 21 / Wednesday, January 31, 2018 / Notices 4539
Michael K. Adams (OH) IV. Conditions and Requirements DEPARTMENT OF TRANSPORTATION
Eleazar R. Balli (TX)
Darrell W. Bayless (TX) The exemptions are extended subject Federal Motor Carrier Safety
Lloyd D. Burgess (OH) to the following conditions: (1) Each Administration
Clifford D. Carpenter (MO) driver must undergo an annual physical
[FMCSA Docket No. FMCSA–2017–0252]
Cecil A. Evey (ID) examination (a) by an ophthalmologist
Kamal A. Gaddah (OH) or optometrist who attests that the Qualification of Drivers; Exemption
Eric M. Kousgaard (NE) vision in the better eye continues to Applications; Epilepsy and Seizure
James F. McMahon, Jr. (NH) meet the requirements in 49 CFR Disorders
Samuel A. Miller (IN) 391.41(b)(10), and (b) by a certified
Larry T. Rogers (IL) Medical Examiner, as defined by 49 CFR AGENCY: Federal Motor Carrier Safety
Marcial Soto-Rivas (OR) 390.5, who attests that the driver is Administration (FMCSA), DOT.
Boyd D. Stamey (NC) otherwise physically qualified under 49 ACTION: Notice of final disposition.
David C. Sybesma (ID) CFR 391.41; (2) each driver must
Matthew K. Tucker (MN) SUMMARY: FMCSA announces its
provide a copy of the ophthalmologist’s
decision to exempt two individuals
The drivers were included in docket or optometrist’s report to the Medical
from the requirement in the Federal
numbers: FMCSA–2003–14504; Examiner at the time of the annual Motor Carrier Safety Regulations
FMCSA–2005–20560; FMCSA–2009– medical examination; and (3) each (FMCSRs) that interstate commercial
0154; FMCSA–2011–0124. Their driver must provide a copy of the motor vehicle (CMV) drivers have ‘‘no
exemptions are applicable as of annual medical certification to the established medical history or clinical
September 22, 2017, and will expire on employer for retention in the driver’s diagnosis of epilepsy or any other
September 22, 2019. qualification file or keep a copy of his/ condition which is likely to cause loss
As of September 23, 2017, and in her driver’s qualification if he/her is of consciousness or any loss of ability to
accordance with 49 U.S.C. 31136(e) and self-employed. The driver must also control a CMV.’’ The exemptions enable
31315, the following nine individuals have a copy of the exemption when these individuals who have had one or
have satisfied the renewal conditions for driving, for presentation to a duly more seizures and are taking anti-
obtaining an exemption from the vision authorized Federal, State, or local seizure medication to operate CMVs in
requirements (64 FR 27027; 64 FR enforcement official. The exemption interstate commerce.
51568; 66 FR 48504; 68 FR 19598; 68 FR will be rescinded if: (1) The person fails DATES: The exemptions were applicable
33570; 68 FR 37197; 68 FR 48989; 68 FR to comply with the terms and on December 28, 2017. The exemptions
54775; 70 FR 30999; 70 FR 42615; 70 FR
conditions of the exemption; (2) the expire on December 28, 2019.
46567; 70 FR 53412; 72 FR 39879; 72 FR
exemption has resulted in a lower level FOR FURTHER INFORMATION CONTACT: Ms.
52419; 72 FR 62896; 74 FR 43221; 76 FR
53708; 78 FR 78477; 80 FR 53383): of safety than was maintained before it Christine A. Hydock, Chief, Medical
was granted; or (3) continuation of the Programs Division, (202) 366–4001,
Linda L. Billings (NV) exemption would not be consistent with fmcsamedical@dot.gov, FMCSA,
Weldon R. Evans (OH)
the goals and objectives of 49 U.S.C. Department of Transportation, 1200
Orasio Garcia (TX)
31136(e) and 31315. New Jersey Avenue SE, Room W64–224,
Leslie W. Good (OR)
Washington, DC 20590–0001. Office
James P. Guth (PA) V. Preemption hours are from 8:30 a.m. to 5 p.m., e.t.,
Gregory K. Lilly (WV)
During the period the exemption is in Monday through Friday, except Federal
Kenneth A. Reddick (PA)
effect, no State shall enforce any law or holidays. If you have questions
Leonard Rice, Jr. (GA)
regulation that conflicts with this regarding viewing or submitting
James T. Sullivan (KY)
exemption with respect to a person material to the docket, contact Docket
The drivers were included in docket Services, telephone (202) 366–9826.
numbers: FMCSA–1999–5578; FMCSA– operating under the exemption.
SUPPLEMENTARY INFORMATION:
2003–14504; FMCSA–2003–15268; VI. Conclusion
FMCSA–2005–21254; FMCSA–2007– I. Electronic Access
27897. Their exemptions are applicable Based upon its evaluation of the 86 You may see all the comments online
as of September 23, 2017, and will exemption applications, FMCSA renews through the Federal Document
expire on September 23, 2019. the exemptions of the aforementioned Management System (FDMS) at: http://
As of September 27, 2017, and in drivers from the vision requirement in www.regulations.gov.
accordance with 49 U.S.C. 31136(e) and 49 CFR 391.41(b)(10), subject to the Docket: For access to the docket to
31315, the following two individuals requirements cited above. In accordance read background documents or
have satisfied the renewal conditions for with 49 U.S.C. 31136(e) and 31315, each comments, go to http://
obtaining an exemption from the vision exemption will be valid for two years www.regulations.gov and/or Room
requirements (72 FR 46261; 72 FR unless revoked earlier by FMCSA. W12–140 on the ground level of the
54972; 74 FR 43223; 76 FR 40445; 76 FR West Building, 1200 New Jersey Avenue
53710; 76 FR 55469; 78 FR 78477): Issued on: January 25, 2018.
SE, Washington, DC, between 9 a.m. and
Joe M. Flores (NM) Larry W. Minor,
5 p.m., e.t., Monday through Friday,
Kenneth D. Perkins (NC) Associate Administrator for Policy. except Federal holidays.
sradovich on DSK3GMQ082PROD with NOTICES
The drivers were included in docket [FR Doc. 2018–01938 Filed 1–30–18; 8:45 am] Privacy Act: In accordance with 5
numbers: FMCSA–1999–5578; FMCSA– BILLING CODE 4910–EX–P U.S.C. 553(c), DOT solicits comments
2003–14504; FMCSA–2003–15268; from the public to better inform its
FMCSA–2005–21254; FMCSA–2007– rulemaking process. DOT posts these
27897. Their exemptions are applicable comments, without edit, including any
as of September 27, 2017, and will personal information the commenter
expire on September 27, 2019. provides, to http://www.regulations.gov,
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![4540 Federal Register / Vol. 83, No. 21 / Wednesday, January 31, 2018 / Notices
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 November 27, 2017, FMCSA The Agency’s decision regarding these examination by a certified Medical
published a notice announcing receipt exemption applications is based on an Examiner, as defined by 49 CFR 390.5;
of applications from two 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 82 information about the applicant’s of his/her driver’s qualification file if
FR 56108. The public comment period seizure history, the length of time that he/she is self-employed. The driver
ended on December 27, 2017, and zero 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
reviewed the treating clinician’s VI. Preemption
individuals would achieve a level of
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 VII. Conclusion
49 CFR 391.41(b)(8) states that a person (CDL) holders, and interstate and
is physically qualified to drive a CMV intrastate inspections recorded in the Based upon its evaluation of the two
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: David
control a CMV. applicant’s seizure history was W. Pamperin (WI); Sury L. Seijas (CT).
In addition to the regulations, FMCSA discussed in the November 27, 2017 In accordance with 49 U.S.C.
has published advisory criteria 1 to Federal Register notice 82 FR 56108 31315(b)(1), each exemption will be
assist medical examiners in determining and will not be repeated in this notice. valid for two years from the effective
whether drivers with certain medical These two applicants have been date unless revoked earlier by FMCSA.
conditions are qualified to operate a seizure-free over a range of 11 years The exemption will be revoked if the
CMV in interstate commerce. [49 CFR while taking anti-seizure medication following occurs: (1) The person fails to
part 391, APPENDIX A TO PART 391— and maintained a stable medication comply with the terms and conditions
MEDICAL ADVISORY CRITERIA, treatment regimen for the last two years. of the exemption; (2) the exemption has
section H. Epilepsy: § 391.41(b)(8), In each case, the applicant’s treating resulted in a lower level of safety than
paragraphs 3, 4, and 5.] physician verified his or her seizure was maintained prior to being granted;
history and supports the ability to drive or (3) continuation of the exemption
III. Discussion of Comments commercially. would not be consistent with the goals
FMCSA received zero comments in The Agency acknowledges the and objectives of 49 U.S.C. 31136 and
this proceeding. potential consequences of a driver 31315.
experiencing a seizure while operating a Issued on: January 19, 2018.
IV. Basis for Exemption Determination
CMV. However, the Agency believes the Larry W. Minor,
Under 49 U.S.C. 31136(e) and drivers granted this exemption have Associate Administrator for Policy.
31315(b), FMCSA may grant an demonstrated that they are unlikely to [FR Doc. 2018–01933 Filed 1–30–18; 8:45 am]
exemption from the epilepsy and have a seizure and their medical BILLING CODE 4910–EX–P
seizure disorder prohibition in 49 CFR condition does not pose a risk to public
391.41(b)(8) if the exemption is likely to safety.
achieve an equivalent or greater level of Consequently, FMCSA finds that in DEPARTMENT OF TRANSPORTATION
safety than would be achieved without each case exempting these applicants
the exemption. The exemption allows from the epilepsy and seizure disorder Federal Motor Carrier Safety
the applicants to operate CMVs in prohibition in 49 CFR 391.41(b)(8) is Administration
interstate commerce. likely to achieve a level of safety equal
In reaching the decision to grant these [Docket No. FMCSA–2016–0407]
to that existing without the exemption.
sradovich on DSK3GMQ082PROD with NOTICES
exemption requests, FMCSA considered Agency Information Collection
the 2007 recommendations of the V. Conditions and Requirements
Activities; Approval of a New
The terms and conditions of the
Information Collection Request:
1 See http://www.ecfr.gov/cgi-bin/text- exemption are provided to the
idx?SID=e47b48a9ea42dd67d999246e23 National Consumer Complaint
applicants in the exemption document
d97970&mc=true&node=pt49.5.391&rgn=div5# Database
ap49.5.391_171.a and https://www.gpo.gov/fdsys/
and includes the following: (1) Each
pkg/CFR-2015-title49-vol5/pdf/CFR-2015-title49- driver must remain seizure-free and AGENCY:Federal Motor Carrier Safety
vol5-part391-appA.pdf. maintain a stable treatment during the Administration (FMCSA), DOT.
VerDate Sep<11>2014 17:36 Jan 30, 2018 Jkt 244001 PO 00000 Frm 00078 Fmt 4703 Sfmt 4703 E:\FR\FM\31JAN1.SGM 31JAN1](https://thefederalregister.org/doc/83_FR_4560/page/2.svg)
Document Created: 2018-01-31 00:57:43
Document Modified: 2018-01-31 00:57:43
| 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 December 28, 2017. The exemptions expire on December 28, 2019. | |
| 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 4539 |
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