83 FR 4546 - 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)

Page Range		4546-4548
FR Document		2018-01934

FMCSA announces its decision to renew exemptions for six 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 21 (Wednesday, January 31, 2018)

[Federal Register Volume 83, Number 21 (Wednesday, January 31, 2018)]
[Notices]
[Pages 4546-4548]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-01934]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket Nos. FMCSA-2014-0382; FMCSA-2015-0115; FMCSA-2015-0119]


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 six 
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 December 16, 2017. The 
exemptions expire on December 16, 2019. Comments must be received on or 
before March 2, 2018.

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.

ADDRESSES: You may submit comments bearing the Federal Docket 
Management System (FDMS) Docket Nos. FMCSA-2014-0382; FMCSA-2015-0115; 
FMCSA-2015-0119 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,

[[Page 4547]]

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.

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 six 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 six 
applicants has satisfied the renewal conditions for obtaining an 
exemption from the epilepsy and seizure disorders prohibition. The six 
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 December 16, 2017, and in accordance with 49 U.S.C. 31136(e) 
and 31315, the following six individuals have satisfied the renewal 
conditions for obtaining an exemption from the epilepsy and seizure 
disorders prohibition in the FMCSRs for interstate CMV drivers:

Robert J. Forney (WI)
Curtis A. Hartman (MD)
Wendell F. Headley, Jr. (MO)
Michael W. Ketchum (MI)
Marion F. Legg, Jr. (MD)
Chance J. O'Mary (AK)

    The drivers were included in docket numbers FMCSA-2014-0382; FMCSA-
2015-0115; FMCSA-2015-0119. Their exemptions are applicable as of 
December 16, 2017, and will expire on December 16, 2019.

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 six 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.


[[Page 4548]]


    Issued on: January 24, 2018.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2018-01934 Filed 1-30-18; 8:45 am]
 BILLING CODE 4910-EX-P

Federal Register / Vol. 83, No. 21 / Wednesday, January 31, 2018 / Notices 4547

DC, between 9 a.m. and 5 p.m., e.t., whether drivers with certain medical have satisfied the renewal conditions for
Monday through Friday, except Federal conditions are qualified to operate a obtaining an exemption from the
Holidays. CMV in interstate commerce. [49 CFR epilepsy and seizure disorders
• Fax: 1–202–493–2251. part 391, APPENDIX A TO PART 391— prohibition in the FMCSRs for interstate
Instructions: Each submission must MEDICAL ADVISORY CRITERIA, CMV drivers:
include the Agency name and the section H. Epilepsy: § 391.41(b)(8), Robert J. Forney (WI)
docket number(s) for this notice. Note paragraphs 3, 4, and 5.] Curtis A. Hartman (MD)
that all comments received will be The six individuals listed in this Wendell F. Headley, Jr. (MO)
posted without change to http:// notice have requested renewal of their Michael W. Ketchum (MI)
www.regulations.gov, including any exemptions from the epilepsy and Marion F. Legg, Jr. (MD)
personal information provided. Please seizure disorders prohibition in 49 CFR Chance J. O’Mary (AK)
see the Privacy Act heading below for 391.41(b)(8), in accordance with
further information. FMCSA procedures. Accordingly, The drivers were included in docket
Docket: For access to the docket to FMCSA has evaluated these numbers FMCSA–2014–0382; FMCSA–
read background documents or applications for renewal on their merits 2015–0115; FMCSA–2015–0119. Their
comments, go to http:// and decided to extend each exemption exemptions are applicable as of
www.regulations.gov at any time or for a renewable two-year period. December 16, 2017, and will expire on
Room W12–140 on the ground level of December 16, 2019.
the West Building, 1200 New Jersey II. Request for Comments
IV. Conditions and Requirements
Avenue SE, Washington, DC, between 9 Interested parties or organizations
a.m. and 5 p.m., e.t., Monday through possessing information that would The exemptions are extended subject
Friday, except Federal holidays. The otherwise show that any, or all, of these to the following conditions: (1) Each
FDMS is available 24 hours each day drivers are not currently achieving the driver must remain seizure-free and
e.t., 365 days each year. If you want statutory level of safety should maintain a stable treatment during the
acknowledgment that we received your immediately notify FMCSA. The two-year exemption period; (2) each
comments, please include a self- Agency will evaluate any adverse driver must submit annual reports from
addressed, stamped envelope or evidence submitted and, if safety is their treating physicians attesting to the
postcard or print the acknowledgement being compromised or if continuation of stability of treatment and that the driver
page that appears after submitting the exemption would not be consistent has remained seizure-free; (3) each
comments online. with the goals and objectives of 49 driver must undergo an annual medical
Privacy Act: In accordance with 5 U.S.C. 31136(e) and 31315, FMCSA will examination by a certified Medical
U.S.C. 553(c), DOT solicits comments take immediate steps to revoke the Examiner, as defined by 49 CFR 390.5;
from the public to better inform its exemption of a driver. and (4) each driver must provide a copy
rulemaking process. DOT posts these of the annual medical certification to
III. Basis for Renewing Exemptions the employer for retention in the
comments, without edit, including any
personal information the commenter In accordance with 49 U.S.C. 31136(e) driver’s qualification file, or keep a copy
provides, to http://www.regulations.gov, and 31315, each of the six applicants of his/her driver’s qualification file if
as described in the system of records has satisfied the renewal conditions for he/she is self-employed. The driver
notice (DOT/ALL–14 FDMS), which can obtaining an exemption from the must also have a copy of the exemption
be reviewed at http://www.dot.gov/ epilepsy and seizure disorders when driving, for presentation to a duly
privacy. prohibition. The six drivers in this authorized Federal, State, or local
notice remain in good standing with the enforcement official. The exemption
I. Background Agency, have maintained their medical will be rescinded if: (1) The person fails
Under 49 U.S.C. 31136(e) and 31315, monitoring and have not exhibited any to comply with the terms and
FMCSA may grant an exemption for five medical issues that would compromise conditions of the exemption; (2) the
years if it finds ‘‘such exemption would their ability to safely operate a CMV exemption has resulted in a lower level
likely achieve a level of safety that is during the previous two-year exemption of safety than was maintained before it
equivalent to or greater than the level period. In addition, for Commercial was granted; or (3) continuation of the
that would be achieved absent such Driver’s License (CDL) holders, the exemption would not be consistent with
exemption.’’ The statute also allows the Commercial Driver’s License the goals and objectives of 49 U.S.C.
Agency to renew exemptions at the end Information System (CDLIS) and the 31136(e) and 31315.
of the five-year period. FMCSA grants Motor Carrier Management Information
System (MCMIS) are searched for crash V. Preemption
exemptions from the FMCSRs for a two-
year period to align with the maximum and violation data. For non-CDL During the period the exemption is in
duration of a driver’s medical holders, the Agency reviews the driving effect, no State shall enforce any law or
certification. records from the State Driver’s regulation that conflicts with this
The physical qualification standard Licensing Agency (SDLA). These factors exemption with respect to a person
for drivers regarding epilepsy found in provide an adequate basis for predicting operating under the exemption.
49 CFR 391.41(b)(8) states that a person each driver’s ability to continue to
VI. Conclusion
is physically qualified to drive a CMV safely operate a CMV in interstate
if that person has no established commerce. Therefore, FMCSA Based upon its evaluation of the six
exemption applications, FMCSA renews
sradovich on DSK3GMQ082PROD with NOTICES

medical history or clinical diagnosis of concludes that extending the exemption
epilepsy or any other condition which for each renewal applicant for a period the exemptions of the aforementioned
is likely to cause the loss of of two years is likely to achieve a level drivers from the epilepsy and seizure
consciousness or any loss of ability to of safety equal to that existing without disorders prohibition in 49 CFR 391.41
control a CMV. the exemption. (b)(8). In accordance with 49 U.S.C.
In addition to the regulations, FMCSA As of December 16, 2017, and in 31136(e) and 31315, each exemption
has published advisory criteria to assist accordance with 49 U.S.C. 31136(e) and will be valid for two years unless
Medical Examiners in determining 31315, the following six individuals revoked earlier by FMCSA.

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4548 Federal Register / Vol. 83, No. 21 / Wednesday, January 31, 2018 / Notices

Issued on: January 24, 2018. Privacy Act: In accordance with 5 22, 2017, and will expire on October 22,
Larry W. Minor, U.S.C. 553(c), DOT solicits comments 2019.
Associate Administrator for Policy. from the public to better inform its In accordance with 49 U.S.C. 31315,
[FR Doc. 2018–01934 Filed 1–30–18; 8:45 am] rulemaking process. DOT posts these each exemption will be valid for two
BILLING CODE 4910–EX–P comments, without edit, including any years from the effective date unless
personal information the commenter revoked earlier by FMCSA. The
provides, to http://www.regulations.gov, exemption will be revoked if the
DEPARTMENT OF TRANSPORTATION as described in the system of records following occurs: (1) The person fails to
notice (DOT/ALL–14 FDMS), which can comply with the terms and conditions
Federal Motor Carrier Safety be reviewed at http://www.dot.gov/ of the exemption; (2) the exemption has
Administration privacy. resulted in a lower level of safety than
[Docket No. FMCSA 2015–0118] II. Background was maintained prior to being granted;
or (3) continuation of the exemption
Qualification of Drivers; Exemption On November 27, 2017, FMCSA would not be consistent with the goals
Applications; Epilepsy and Seizure published a notice announcing its and objectives of 49 U.S.C. 31136 and
Disorders decision to renew exemptions for three 31315.
individuals from the epilepsy and
AGENCY: Federal Motor Carrier Safety Issued on: January 25, 2018.
seizure disorders prohibition in 49 CFR
Administration (FMCSA), DOT. 391.41(b)(8) to operate a CMV in Larry W. Minor,
ACTION: Notice of final disposition. interstate commerce and requested Associate Administrator for Policy.
comments from the public (82 FR [FR Doc. 2018–01935 Filed 1–30–18; 8:45 am]
SUMMARY: FMCSA announces its
56106). The public comment period BILLING CODE 4910–EX–P
decision to renew exemptions for three
individuals from the requirement in the ended on December 27, 2017 and zero
Federal Motor Carrier Safety comments were received.
As stated in the previous notice, DEPARTMENT OF TRANSPORTATION
Regulations (FMCSRs) that interstate
FMCSA has evaluated the eligibility of
commercial motor vehicle (CMV) Federal Motor Carrier Safety
these applicants and determined that
drivers have ‘‘no established medical Administration
renewing these exemptions would
history or clinical diagnosis of epilepsy
achieve a level of safety equivalent to or
or any other condition which is likely
to cause loss of consciousness or any greater than the level that would be [Docket No. FMCSA–2018–0002]
loss of ability to control a CMV.’’ The achieved by complying with the current
regulation 49 CFR 391.41(b)(8). Hours of Service of Drivers: Electronic
exemptions enable these individuals Logging Devices; Application for
The physical qualification standard
who have had one or more seizures and Exemption; Old Dominion and Other
for drivers regarding epilepsy found in
are taking anti-seizure medication to Motor Carriers Experiencing Problems
49 CFR 391.41(b)(8) states that a person
continue to operate CMVs in interstate Integrating PeopleNet ELD System
is physically qualified to drive a CMV
commerce. Updates Into Their Fleet Management
if that person has no established
DATES: The exemptions were applicable Systems
medical history or clinical diagnosis of
on October 22, 2017. The exemptions epilepsy or any other condition which
expire on October 22, 2019. AGENCY: Federal Motor Carrier Safety
is likely to cause the loss of
FOR FURTHER INFORMATION CONTACT: Ms. Administration (FMCSA), DOT.
consciousness or any loss of ability to
Christine A. Hydock, Chief, Medical control a CMV. ACTION: Notice of application for
Programs Division, (202) 366–4001, In addition to the regulations, FMCSA exemption; request for comments.
fmcsamedical@dot.gov, FMCSA, has published advisory criteria to assist
Department of Transportation, 1200 Medical Examiners in determining SUMMARY: FMCSA announces that Old
New Jersey Avenue SE, Room W64–224, whether drivers with certain medical Dominion Freight Line Inc. (Old
Washington, DC 20590–0001. Office conditions are qualified to operate a Dominion) has requested an exemption
hours are from 8:30 a.m. to 5 p.m., e.t., CMV in interstate commerce. [49 CFR from the electronic logging device (ELD)
Monday through Friday, except Federal part 391, APPENDIX A TO PART 391— requirements. Old Dominion request
holidays. If you have questions MEDICAL ADVISORY CRITERIA, this exemption to allow the company to
regarding viewing or submitting section H. Epilepsy: § 391.41(b)(8), install ELD devices running on
material to the docket, contact Docket paragraphs 3, 4, and 5.] automatic on-board recording device
Services, telephone (202) 366–9826. (AOBRD) software in commercial motor
SUPPLEMENTARY INFORMATION:
III. Discussion of Comments vehicles (CMVs) added to the
FMCSA received zero comments in company’s fleet for up to one year from
I. Electronic Access the December 18, 2017, ELD mandate
this preceding.
You may see all the comments online compliance date. If granted, this
through the Federal Document IV. Conclusion modified ELD phase-in period will
Management System (FDMS) at: http:// Based upon its evaluation of the three allow Old Dominion’s AORBD/ELD
www.regulations.gov. renewal exemption applications, provider, PeopleNet, to complete the
Docket: For access to the docket to FMCSA announces its’ decision to development of the software necessary
read background documents or to integrate ELD data with the
sradovich on DSK3GMQ082PROD with NOTICES

exempt the following drivers from the
comments, go to http:// epilepsy and seizure disorders company’s fleet management and safety
www.regulations.gov and/or Room prohibition in 49 CFR 391.41 (b)(8): systems to fully meet the ELD mandate.
W12–140 on the ground level of the Joshua Abel, (MD); Jeremy H. Fryburg, FMCSA considers the request to be on
West Building, 1200 New Jersey Avenue (PA); and Anthony E. Martens, (SD). behalf of all motor carriers in similar
SE, Washington, DC, between 9 a.m. and The drivers were included in docket situations concerning the integration of
5 p.m., e.t., Monday through Friday, number FMCSA–2015–0118. Their PeopleNet’s ELD software into fleet
except Federal holidays. exemptions are applicable as of October management systems.

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Document Created: 2018-01-31 00:59:15
Document Modified: 2018-01-31 00:59:15

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 December 16, 2017. The exemptions expire on December 16, 2019. Comments must be received on or before March 2, 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 4546

83 FR 4546 - Qualification of Drivers; Exemption Applications; Epilepsy and Seizure Disorders

DEPARTMENT OF TRANSPORTATIONFederal Motor Carrier Safety Administration

Federal Register Volume 83, Issue 21 (January 31, 2018)

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration