83 FR 53733 - Qualification of Drivers; Exemption Applications; Epilepsy and Seizure Disorders

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration

Federal Register Volume 83, Issue 206 (October 24, 2018)

Page Range		53733-53734
FR Document		2018-23235

FMCSA announces its decision to renew exemptions for five 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 206 (Wednesday, October 24, 2018)

[Federal Register Volume 83, Number 206 (Wednesday, October 24, 2018)]
[Notices]
[Pages 53733-53734]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-23235]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2013-0443]


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 renew exemptions for five 
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 May 19, 2018. The exemptions 
expire on May 19, 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., 
ET, 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.

[[Page 53734]]


SUPPLEMENTARY INFORMATION: 

I. Public Participation

A. Viewing Documents and Comments

    To view comments, as well as any documents mentioned in this notice 
as being available in the docket, go to http://www.regulations.gov. 
Insert the docket number, FMCSA-2013-0443, in the keyword box, and 
click ``Search.'' Next, click the ``Open Docket Folder'' button and 
choose the document to review. If you do not have access to the 
internet, you may view the docket online by visiting the Docket 
Management Facility in Room W12-140 on the Ground Floor of the DOT West 
Building, 1200 New Jersey Avenue SE, Washington, DC 20590, between 9 
a.m. and 5 p.m., ET, Monday through Friday, except Federal holidays.

B. 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 www.regulations.gov, as described in the system 
of records notice (DOT/ALL-14 FDMS), which can be reviewed at 
www.dot.gov/privacy.

II. Background

    On July 20, 2018, FMCSA published a notice announcing its decision 
to renew exemptions for five individuals from the epilepsy and seizure 
disorders prohibition in 49 CFR 391.41(b)(8) to operate a CMV in 
interstate commerce and requested comments from the public (83 FR 
34670). The public comment period ended on August 20, 2018, and no 
comments were received.
    As stated in the previous notice, FMCSA has evaluated the 
eligibility of these applicants and determined that renewing these 
exemptions 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 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.]

III. Discussion of Comments

    FMCSA received no comments in this proceeding.

IV. Conclusion

    Based on its evaluation of the five renewal exemption applications, 
FMCSA announces its' decision to exempt the following drivers from the 
epilepsy and seizure disorders prohibition in 49 CFR 391.41(b)(8):

Thomas Bynum (NC)
Ronald A. Hartl (WI)
Craig Hoisington (NH)
Michael W. Miller (WI)
Peter M. Thompson (FL)

    The drivers were included in docket number FMCSA-2013-0443. Their 
exemptions are applicable as of May 19, 2018, and will expire on May 
19, 2020.
    In accordance with 49 U.S.C. 31315, 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: October 15, 2018.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2018-23235 Filed 10-23-18; 8:45 am]
 BILLING CODE 4910-EX-P

Federal Register / Vol. 83, No. 206 / Wednesday, October 24, 2018 / Notices 53733

and experience driving with the vision record of safety while driving with their In accordance with 49 U.S.C. 31136(e)
deficiency. The qualifications, vision impairment, demonstrating the and 31315, each exemption will be valid
experience, and medical condition of likelihood that they have adapted their for two years from the effective date
each applicant were stated and driving skills to accommodate their unless revoked earlier by FMCSA. The
discussed in detail in the July 20, 2018, condition. As the applicants’ ample exemption will be revoked if the
Federal Register notice (83 FR 34667) driving histories with their vision following occurs: (1) The person fails to
and will not be repeated in this notice. deficiencies are good predictors of comply with the terms and conditions
FMCSA recognizes that some drivers future performance, FMCSA concludes of the exemption; (2) the exemption has
do not meet the vision requirement but their ability to drive safely can be resulted in a lower level of safety than
have adapted their driving to projected into the future. was maintained prior to being granted;
accommodate their limitation and Consequently, FMCSA finds that in or (3) continuation of the exemption
demonstrated their ability to drive each case exempting these applicants would not be consistent with the goals
safely. The nine exemption applicants from the vision requirement in 49 CFR and objectives of 49 U.S.C. 31136 and
listed in this notice are in this category. 391.41(b)(10) is likely to achieve a level 31315.
They are unable to meet the vision of safety equal to that existing without
requirement in one eye for various the exemption. Issued on: October 15, 2018.
reasons, including amblyopia, aphakia,
V. Conditions and Requirements Larry W. Minor,
cataract, glaucoma, optic nerve
hypoplasia, prosthesis, and retinal The terms and conditions of the Associate Administrator for Policy.
detachment. In most cases, their eye exemption are provided to the [FR Doc. 2018–23233 Filed 10–23–18; 8:45 am]
conditions were not recently developed. applicants in the exemption document BILLING CODE 4910–EX–P
Five of the applicants were either born and includes the following: (1) Each
with their vision impairments or have driver must be physically examined
had them since childhood. The four every year (a) by an ophthalmologist or DEPARTMENT OF TRANSPORTATION
individuals that sustained their vision optometrist who attests that the vision
conditions as adults have had it for a Federal Motor Carrier Safety
in the better eye continues to meet the
range of four to nine years. Although Administration
standard in 49 CFR 391.41(b)(10) and (b)
each applicant has one eye which does by a certified Medical Examiner who [Docket No. FMCSA–2013–0443]
not meet the vision requirement in 49 attests that the individual is otherwise
CFR 391.41(b)(10), each has at least 20/ physically qualified under 49 CFR Qualification of Drivers; Exemption
40 corrected vision in the other eye, and 391.41; (2) each driver must provide a Applications; Epilepsy and Seizure
in a doctor’s opinion, has sufficient copy of the ophthalmologist’s or Disorders
vision to perform all the tasks necessary optometrist’s report to the Medical AGENCY: Federal Motor Carrier Safety
to operate a CMV. Examiner at the time of the annual Administration (FMCSA), DOT.
Doctors’ opinions are supported by medical examination; and (3) each
the applicants’ possession of a valid ACTION: Notice of final disposition.
driver must provide a copy of the
license to operate a CMV. By meeting annual medical certification to the SUMMARY: FMCSA announces its
State licensing requirements, the employer for retention in the driver’s decision to renew exemptions for five
applicants demonstrated their ability to qualification file, or keep a copy in his/ individuals from the requirement in the
operate a CMV, with their limited vision her driver’s qualification file if he/she is Federal Motor Carrier Safety
in intrastate commerce, even though self-employed. The driver must also Regulations (FMCSRs) that interstate
their vision disqualified them from have a copy of the exemption when commercial motor vehicle (CMV)
driving in interstate commerce. We driving, for presentation to a duly drivers have ‘‘no established medical
believe that the applicants’ intrastate authorized Federal, State, or local history or clinical diagnosis of epilepsy
driving experience and history provide enforcement official. or any other condition which is likely
an adequate basis for predicting their
VI. Preemption to cause loss of consciousness or any
ability to drive safely in interstate
loss of ability to control a CMV.’’ The
commerce. Intrastate driving, like During the period the exemption is in exemptions enable these individuals
interstate operations, involves effect, no State shall enforce any law or who have had one or more seizures and
substantial driving on highways on the regulation that conflicts with this are taking anti-seizure medication to
interstate system and on other roads exemption with respect to a person continue to operate CMVs in interstate
built to interstate standards. Moreover, operating under the exemption. commerce.
driving in congested urban areas
exposes the driver to more pedestrian VII. Conclusion DATES: The exemptions were applicable
and vehicular traffic than exists on Based upon its evaluation of the nine on May 19, 2018. The exemptions
interstate highways. Faster reaction to exemption applications, FMCSA expire on May 19, 2020.
traffic and traffic signals is generally exempts the following drivers from the FOR FURTHER INFORMATION CONTACT:
required because distances between vision requirement, 49 CFR Ms. Christine A. Hydock, Chief, Medical
them are more compact. These 391.41(b)(10), subject to the Programs Division, (202) 366–4001,
conditions tax visual capacity and requirements cited above: fmcsamedical@dot.gov, FMCSA,
driver response just as intensely as Paulo G. Clemente (NC) Department of Transportation, 1200
interstate driving conditions. Ronald W. Doskocil (TX) New Jersey Avenue SE, Room W64–224,
amozie on DSK3GDR082PROD with NOTICES1

The applicants in this notice have Loren D. Estad (ND) Washington, DC 20590–0001. Office
driven CMVs with their limited vision Ryan P. Garner (MT) hours are from 8:30 a.m. to 5 p.m., ET,
in careers ranging for 9 to 73 years. In Kody D. Gleckler (OH) Monday through Friday, except Federal
the past three years, no drivers were Jeffrey W. Hawkins (NC) holidays. If you have questions
involved in crashes, and one driver was Timothy D. Lundvall (NE) regarding viewing or submitting
convicted of a moving violation in a Eric D. Smith (GA) material to the docket, contact Docket
CMV. All the applicants achieved a Mark E. Thesing (MN) Services, telephone (202) 366–9826.

VerDate Sep<11>2014 17:43 Oct 23, 2018 Jkt 247001 PO 00000 Frm 00130 Fmt 4703 Sfmt 4703 E:\FR\FM\24OCN1.SGM 24OCN1

Document Created: 2018-10-24 00:23:05
Document Modified: 2018-10-24 00:23:05

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 May 19, 2018. The exemptions expire on May 19, 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., ET, 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 53733

83 FR 53733 - Qualification of Drivers; Exemption Applications; Epilepsy and Seizure Disorders

DEPARTMENT OF TRANSPORTATIONFederal Motor Carrier Safety Administration

Federal Register Volume 83, Issue 206 (October 24, 2018)

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration