83 FR 45723 - Qualification of Drivers; Exemption Applications; Epilepsy and Seizure Disorders
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration Federal Register Volume 83, Issue 175 (September 10, 2018)
Federal Motor Carrier Safety Administration
Federal Register Volume 83, Issue 175 (September 10, 2018)
| Page Range | 45723-45724 | |
| FR Document | 2018-19644 |
[Federal Register Volume 83, Number 175 (Monday, September 10, 2018)] [Notices] [Pages 45723-45724] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-19644] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [FMCSA Docket No. FMCSA-2018-0053] 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 eight 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 August 1, 2018. The exemptions expire on August 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 June 21, 2018, FMCSA published a notice announcing receipt of applications from eight 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 28896). The public comment period ended on July 23, 2018, and six 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 six comments in this proceeding. Four of these comments supported granted the exemptions. One commenter did not support granting these exemptions due to his or her concerns about these drivers refilling their medications while they are operating a CMVs on an interstate basis. Another commenter suggested that these applicants should provide complete medical histories and records and be incident free for at least two years. This commenter also stated his or her opinion that employers of drivers who have been issued an exemption be required to obtain additional accident liability insurance for these drivers. In reviewing these applications for exemptions, FMCSA evaluated the medical records of all eight applicants, obtained documentation of the treating physician's support for granting the applicant an exemption, and determined that granting these exemptions would achieve an equivalent or greater level of safety than would be achieved without the exemption. FMCSA does not require employers to obtain additional insurance for drivers with medical exemptions. 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 [[Page 45724]] 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 June 21, 2018 Federal Register notice (83 FR 28896) and will not be repeated in this notice. These eight applicants have been seizure-free over a range of 4 to 40 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 eight 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: Ricky B. Alegre (NJ) Stephen M. Christner (PA) Paul J. Gomez (CA) Lawrence J. Knox (MA) Thomas A. Ork (NY) Constance Seale (DE) Anne M. Spencer-Brown (WV) Floyd C. Williams (VA) 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: August 30, 2018. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2018-19644 Filed 9-7-18; 8:45 am] BILLING CODE 4910-EX-P
![Federal Register / Vol. 83, No. 175 / Monday, September 10, 2018 / Notices 45723
objections with the Director of the comments, go to http:// these exemptions due to his or her
Board’s Office of Economics within 14 www.regulations.gov and/or Room concerns about these drivers refilling
calendar days of the date of this notice. W12–140 on the ground level of the their medications while they are
The rules for release of waybill data are West Building, 1200 New Jersey Avenue operating a CMVs on an interstate basis.
codified at 49 CFR 1244.9. SE, Washington, DC, between 9 a.m. and Another commenter suggested that these
Contact: Alexander Dusenberry, (202) 5 p.m., e.t., Monday through Friday, applicants should provide complete
245–0319. except Federal holidays. medical histories and records and be
Privacy Act: In accordance with 5 incident free for at least two years. This
Aretha Laws-Byrum, U.S.C. 553(c), DOT solicits comments commenter also stated his or her
Clearance Clerk. from the public to better inform its opinion that employers of drivers who
[FR Doc. 2018–19521 Filed 9–7–18; 8:45 am] rulemaking process. DOT posts these have been issued an exemption be
BILLING CODE 4915–01–P comments, without edit, including any required to obtain additional accident
personal information the commenter liability insurance for these drivers. In
provides, to http://www.regulations.gov, reviewing these applications for
DEPARTMENT OF TRANSPORTATION as described in the system of records exemptions, FMCSA evaluated the
notice (DOT/ALL–14 FDMS), which can medical records of all eight applicants,
Federal Motor Carrier Safety be reviewed at http://www.dot.gov/ obtained documentation of the treating
Administration privacy. physician’s support for granting the
II. Background applicant an exemption, and
[FMCSA Docket No. FMCSA–2018–0053]
determined that granting these
On June 21, 2018, FMCSA published exemptions would achieve an
Qualification of Drivers; Exemption a notice announcing receipt of
Applications; Epilepsy and Seizure equivalent or greater level of safety than
applications from eight individuals would be achieved without the
Disorders requesting an exemption from the exemption. FMCSA does not require
AGENCY: Federal Motor Carrier Safety epilepsy and seizure disorders employers to obtain additional
Administration (FMCSA), DOT. prohibition in 49 CFR 391.41(b)(8) and insurance for drivers with medical
requested comments from the public (83 exemptions.
ACTION: Notice of final disposition.
FR 28896). The public comment period
ended on July 23, 2018, and six IV. Basis for Exemption Determination
SUMMARY: FMCSA announces its
decision to exempt eight individuals comments were received. Under 49 U.S.C. 31136(e) and
from the requirement in the Federal FMCSA has evaluated the eligibility 31315(b), FMCSA may grant an
Motor Carrier Safety Regulations of these applicants and determined that exemption from the epilepsy and
(FMCSRs) that interstate commercial granting exemptions to these seizure disorder prohibition in 49 CFR
motor vehicle (CMV) drivers have ‘‘no individuals would achieve a level of 391.41(b)(8) if the exemption is likely to
established medical history or clinical safety equivalent to or greater than the achieve an equivalent or greater level of
diagnosis of epilepsy or any other level that would be achieved by safety than would be achieved without
condition which is likely to cause loss complying with the current regulation the exemption. The exemption allows
of consciousness or any loss of ability to 49 CFR 391.41(b)(8). the applicants to operate CMVs in
control a CMV.’’ The exemptions enable The physical qualification standard interstate commerce.
these individuals who have had one or for drivers regarding epilepsy found in In reaching the decision to grant these
more seizures and are taking anti- 49 CFR 391.41(b)(8) states that a person exemption requests, FMCSA considered
seizure medication to operate CMVs in is physically qualified to drive a CMV the 2007 recommendations of the
interstate commerce. if that person has no established Agency’s Medical Expert Panel (MEP).
medical history or clinical diagnosis of The January 15, 2013, Federal Register
DATES: The exemptions were applicable
epilepsy or any other condition which notice (78 FR 3069) provides the current
on August 1, 2018. The exemptions is likely to cause the loss of MEP recommendations which is the
expire on August 1, 2020. consciousness or any loss of ability to criteria the Agency uses to grant seizure
FOR FURTHER INFORMATION CONTACT: Ms. control a CMV. exemptions.
Christine A. Hydock, Chief, Medical In addition to the regulations, FMCSA The Agency’s decision regarding these
Programs Division, (202) 366–4001, has published advisory criteria 1 to exemption applications is based on an
fmcsamedical@dot.gov, FMCSA, assist medical examiners in determining individualized assessment of each
Department of Transportation, 1200 whether drivers with certain medical applicant’s medical information,
New Jersey Avenue SE, Room W64–224, conditions are qualified to operate a including the root cause of the
Washington, DC 20590–0001. Office CMV in interstate commerce. [49 CFR respective seizure(s) and medical
hours are from 8:30 a.m. to 5 p.m., e.t., part 391, APPENDIX A TO PART 391— information about the applicant’s
Monday through Friday, except Federal MEDICAL ADVISORY CRITERIA, seizure history, the length of time that
holidays. If you have questions section H. Epilepsy: § 391.41(b)(8), has elapsed since the individual’s last
regarding viewing or submitting paragraphs 3, 4, and 5.] seizure, the stability of each individual’s
material to the docket, contact Docket treatment regimen and the duration of
Services, telephone (202) 366–9826. III. Discussion of Comments
time on or off of anti-seizure
SUPPLEMENTARY INFORMATION: FMCSA received six comments in this medication. In addition, the Agency
proceeding. Four of these comments reviewed the treating clinician’s
daltland on DSKBBV9HB2PROD with NOTICES
I. Electronic Access supported granted the exemptions. One medical opinion related to the ability of
You may see all the comments online commenter did not support granting the driver to safely operate a CMV with
through the Federal Document a history of seizure and each applicant’s
1 See http://www.ecfr.gov/cgi-bin/text-idx?SID=
Management System (FDMS) at: http:// driving record found in the Commercial
e47b48a9ea42dd67d999246e23d97970&mc=true&
www.regulations.gov. node=pt49.5.391&rgn=div5#ap49.5.391_171.a and
Driver’s License Information System
Docket: For access to the docket to https://www.gpo.gov/fdsys/pkg/CFR-2015-title49- (CDLIS) for commercial driver’s license
read background documents or vol5/pdf/CFR-2015-title49-vol5-part391-appA.pdf. (CDL) holders, and interstate and
VerDate Sep<11>2014 17:54 Sep 07, 2018 Jkt 244001 PO 00000 Frm 00130 Fmt 4703 Sfmt 4703 E:\FR\FM\10SEN1.SGM 10SEN1](https://thefederalregister.org/doc/83_FR_45898/page/1.svg)
![45724 Federal Register / Vol. 83, No. 175 / Monday, September 10, 2018 / Notices
intrastate inspections recorded in the VII. Conclusion ADDRESSES: You may submit comments
Motor Carrier Management Information Based upon its evaluation of the eight bearing the Federal Docket Management
System (MCMIS). For non-CDL holders, exemption applications, FMCSA System (FDMS) Docket No. FMCSA–
the Agency reviewed the driving records exempts the following drivers from the 2018–0054 using any of the following
from the State Driver’s Licensing epilepsy and seizure disorder methods:
Agency (SDLA). A summary of each prohibition, 49 CFR 391.41(b)(8), subject • Federal eRulemaking Portal: Go to
applicant’s seizure history was to the requirements cited above: http://www.regulations.gov. Follow the
discussed in the June 21, 2018 Federal online instructions for submitting
Ricky B. Alegre (NJ)
Register notice (83 FR 28896) and will Stephen M. Christner (PA) comments.
not be repeated in this notice. Paul J. Gomez (CA) • Mail: Docket Management Facility;
These eight applicants have been Lawrence J. Knox (MA) U.S. Department of Transportation, 1200
seizure-free over a range of 4 to 40 years Thomas A. Ork (NY) New Jersey Avenue SE, West Building
while taking anti-seizure medication Constance Seale (DE) Ground Floor, Room W12–140,
and maintained a stable medication Anne M. Spencer-Brown (WV) Washington, DC 20590–0001.
treatment regimen for the last two years. Floyd C. Williams (VA) • Hand Delivery: West Building
In each case, the applicant’s treating In accordance with 49 U.S.C. Ground Floor, Room W12–140, 1200
physician verified his or her seizure 31315(b)(1), each exemption will be New Jersey Avenue SE, Washington,
history and supports the ability to drive valid for two years from the effective DC, between 9 a.m. and 5 p.m., E.T.,
commercially. date unless revoked earlier by FMCSA. Monday through Friday, except Federal
The exemption will be revoked if the Holidays.
The Agency acknowledges the • Fax: 1–202–493–2251.
potential consequences of a driver following occurs: (1) The person fails to
comply with the terms and conditions Instructions: Each submission must
experiencing a seizure while operating a include the Agency name and the
CMV. However, the Agency believes the of the exemption; (2) the exemption has
resulted in a lower level of safety than docket number(s) for this notice. Note
drivers granted this exemption have that all comments received will be
demonstrated that they are unlikely to was maintained prior to being granted;
or (3) continuation of the exemption posted without change to http://
have a seizure and their medical www.regulations.gov, including any
condition does not pose a risk to public would not be consistent with the goals
and objectives of 49 U.S.C. 31136 and personal information provided. Please
safety. see the Privacy Act heading below for
31315.
Consequently, FMCSA finds that in further information.
each case exempting these applicants Issued on: August 30, 2018. Docket: For access to the docket to
from the epilepsy and seizure disorder Larry W. Minor, read background documents or
prohibition in 49 CFR 391.41(b)(8) is Associate Administrator for Policy. comments, go to http://
likely to achieve a level of safety equal [FR Doc. 2018–19644 Filed 9–7–18; 8:45 am] www.regulations.gov at any time or
to that existing without the exemption. BILLING CODE 4910–EX–P Room W12–140 on the ground level of
the West Building, 1200 New Jersey
V. Conditions and Requirements
Avenue SE, Washington, DC, between 9
The terms and conditions of the DEPARTMENT OF TRANSPORTATION a.m. and 5 p.m., E.T., Monday through
exemption are provided to the Friday, except Federal holidays. The
Federal Motor Carrier Safety FDMS is available 24 hours each day,
applicants in the exemption document
Administration 365 days each year. If you want
and includes the following: (1) Each
driver must remain seizure-free and [Docket No. FMCSA–2018–0054] acknowledgment that we received your
maintain a stable treatment during the comments, please include a self-
two-year exemption period; (2) each Qualification of Drivers; Exemption addressed, stamped envelope or
driver must submit annual reports from Applications; Epilepsy and Seizure postcard or print the acknowledgement
their treating physicians attesting to the Disorders page that appears after submitting
stability of treatment and that the driver AGENCY: Federal Motor Carrier Safety comments online.
has remained seizure-free; (3) each Administration (FMCSA), DOT. Privacy Act: In accordance with 5
driver must undergo an annual medical U.S.C. 553(c), DOT solicits comments
ACTION: Notice of applications for
examination by a certified Medical from the public to better inform its
exemption; request for comments. rulemaking process. DOT posts these
Examiner, as defined by 49 CFR 390.5;
and (4) each driver must provide a copy SUMMARY: FMCSA announces receipt of comments, without edit, including any
of the annual medical certification to applications from 11 individuals for an personal information the commenter
the employer for retention in the exemption from the prohibition in the provides, to http://www.regulations.gov,
driver’s qualification file, or keep a copy Federal Motor Carrier Safety as described in the system of records
of his/her driver’s qualification file if Regulations (FMCSRs) against persons notice (DOT/ALL–14 FDMS), which can
he/she is self-employed. The driver with a clinical diagnosis of epilepsy or be reviewed at http://www.dot.gov/
must also have a copy of the exemption any other condition that is likely to privacy.
when driving, for presentation to a duly cause a loss of consciousness or any loss FOR FURTHER INFORMATION CONTACT: Ms.
authorized Federal, State, or local of ability to control a commercial motor Christine A. Hydock, Chief, Medical
enforcement official. vehicle (CMV) in interstate commerce. If Programs Division, (202) 366–4001,
daltland on DSKBBV9HB2PROD with NOTICES
granted, the exemptions would enable fmcsamedical@dot.gov, FMCSA,
VI. Preemption
these individuals who have had one or Department of Transportation, 1200
During the period the exemption is in more seizures and are taking anti- New Jersey Avenue SE, Room W64–224,
effect, no State shall enforce any law or seizure medication to operate CMVs in Washington, DC 20590–0001. Office
regulation that conflicts with this interstate commerce. hours are 8:30 a.m. to 5 p.m., E.T.,
exemption with respect to a person DATES: Comments must be received on Monday through Friday, except Federal
operating under the exemption. or before October 10, 2018. holidays. If you have questions
VerDate Sep<11>2014 17:54 Sep 07, 2018 Jkt 244001 PO 00000 Frm 00131 Fmt 4703 Sfmt 4703 E:\FR\FM\10SEN1.SGM 10SEN1](https://thefederalregister.org/doc/83_FR_45898/page/2.svg)
Document Created: 2018-09-08 00:42:41
Document Modified: 2018-09-08 00:42:41
| 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 August 1, 2018. The exemptions expire on August 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 45723 |
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