83 FR 53951 - Qualification of Drivers; Exemption Applications; Epilepsy and Seizure Disorders

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration

Federal Register Volume 83, Issue 207 (October 25, 2018)

Page Range		53951-53953
FR Document		2018-23328

FMCSA announces its decision to renew exemptions for three 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 207 (Thursday, October 25, 2018)

[Federal Register Volume 83, Number 207 (Thursday, October 25, 2018)]
[Notices]
[Pages 53951-53953]
From the Federal Register Online [www.thefederalregister.org]
[FR Doc No: 2018-23328]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2014-0212]

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.

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SUMMARY: FMCSA announces its decision to renew exemptions for three
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 August 28, 2018. The
exemptions expire on August 28, 2020. Comments must be received on or
before November 26, 2018.

ADDRESSES: You may submit comments identified by the Federal Docket
Management System (FDMS) Docket No. FMCSA-2014-0212 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.,
ET, Monday through Friday, except Federal Holidays.
Fax: 1-202-493-2251.
To avoid duplication, please use only one of these four methods.
See the ``Public Participation'' portion of the SUPPLEMENTARY
INFORMATION section for instructions on submitting comments.

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,

[[Page 53952]]

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.

SUPPLEMENTARY INFORMATION:

I. Public Participation

A. Submitting Comments

If you submit a comment, please include the docket number for this
notice (Docket No. FMCSA-2014-0212), indicate the specific section of
this document to which each comment applies, and provide a reason for
each suggestion or recommendation. You may submit your comments and
material online or by fax, mail, or hand delivery, but please use only
one of these means. FMCSA recommends that you include your name and a
mailing address, an email address, or a phone number in the body of
your document so that FMCSA can contact you if there are questions
regarding your submission.
To submit your comment online, go to http://www.regulations.gov,
put the docket number, FMCSA-2014-0212, in the keyword box, and click
``Search.'' When the new screen appears, click on the ``Comment Now!''
button and type your comment into the text box on the following screen.
Choose whether you are submitting your comment as an individual or on
behalf of a third party and then submit.
If you submit your comments by mail or hand delivery, submit them
in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for
copying and electronic filing. If you submit comments by mail and would
like to know that they reached the facility, please enclose a stamped,
self-addressed postcard or envelope.
FMCSA will consider all comments and material received during the
comment period.

B. 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-2014-0212, 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.

C. 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

Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption
for up to 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 three 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.

III. 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.

IV. Basis for Renewing Exemptions

In accordance with 49 U.S.C. 31136(e) and 31315, each of the three
applicants has satisfied the renewal conditions for obtaining an
exemption from the epilepsy and seizure disorders prohibition. The
three 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 August 28, 2018, and in accordance with 49 U.S.C. 31136(e)
and 31315, the following three individuals have satisfied the renewal
conditions for obtaining an exemption from the epilepsy and seizure
disorders prohibition in the FMCSRs for interstate CMV drivers: Peter
R. Bender, (MN); Terry D. Hamber, (NC); and Louis W. Lerch, (IA).
The drivers were included in docket number FMCSA-2014-0212. Their
exemptions are applicable as of August 28, 2018, and will expire on
August 28, 2020.

V. 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

[[Page 53953]]

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.

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 on its evaluation of the three 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: October 17, 2018.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2018-23328 Filed 10-24-18; 8:45 am]
BILLING CODE 4910-EX-P

Federal Register / Vol. 83, No. 207 / Thursday, October 25, 2018 / Notices 53951

Corey M. McCormack (CA) driver must submit a quarterly DEPARTMENT OF TRANSPORTATION
Melvin W. Miller (MI) monitoring checklist completed by the
Anthony H. Patrick (KY) treating endocrinologist as well as an Federal Motor Carrier Safety
Danny L. Peterson (WI) annual checklist with a comprehensive Administration
Robert L. Rich, Jr. (MN) medical evaluation; (2) each driver must [Docket No. FMCSA–2014–0212]
Eugene P. Roever (AR)
report within two business days of
Jim W. Royer (MN) Qualification of Drivers; Exemption
David E. Schoch (NJ) occurrence, all episodes of severe
hypoglycemia, significant Applications; Epilepsy and Seizure
Joshua D. Taylor (MO)
Clyde L. Weaver (NC) complications, or inability to manage Disorders
Jason A. Weiss (IL) diabetes; also, any involvement in an AGENCY: Federal Motor Carrier Safety
The drivers were included in docket accident or any other adverse event in Administration (FMCSA), DOT.
number FMCSA–2016–0379. Their a CMV or personal vehicle, whether or
ACTION: Notice of renewal of
exemptions are applicable as of not it is related to an episode of exemptions; request for comments.
December 28, 2018, and will expire on hypoglycemia; (3) each driver must
December 28, 2020. submit an annual ophthalmologist’s or SUMMARY: FMCSA announces its
As of December 29, 2018, and in optometrist’s report; and (4) each driver decision to renew exemptions for three
accordance with 49 U.S.C. 31136(e) and must provide a copy of the annual individuals from the requirement in the
31315, the following 37 individuals medical certification to the employer for Federal Motor Carrier Safety
have satisfied the renewal conditions for retention in the driver’s qualification Regulations (FMCSRs) that interstate
obtaining an exemption from the rule file, or keep a copy in his/her driver’s commercial motor vehicle (CMV)
prohibiting drivers with ITDM from qualification file if he/she is self- drivers have ‘‘no established medical
driving CMVs in interstate commerce employed. The driver must also have a history or clinical diagnosis of epilepsy
(79 FR 70920; 80 FR 5613; 81 FR 92941): copy of the exemption when driving, for or any other condition which is likely
Andrew P. Bivens (TN) presentation to a duly authorized to cause loss of consciousness or any
Everett D. Blevins (KY) Federal, State, or local enforcement loss of ability to control a CMV.’’ The
Kirk J. Brummeler (GA) official. The exemption will be exemptions enable these individuals
Travis M. Bryan (MA) who have had one or more seizures and
rescinded if: (1) The person fails to
John W. Condy (NY) are taking anti-seizure medication to
Kevin V. Cook (MO) comply with the terms and conditions
continue to operate CMVs in interstate
Guido Criscuolo, Jr. (CT) of the exemption; (2) the exemption has
commerce.
Zachary L. Diehl (IL) resulted in a lower level of safety than
DATES: The exemptions were applicable
Andrea I. Dirksen (IA) was maintained before it was granted; or
(3) continuation of the exemption would on August 28, 2018. The exemptions
Clarice L. Dunklin (LA)
Ricky L. Exler (FL) expire on August 28, 2020. Comments
not be consistent with the goals and
Paul B. Fuerstenberg (WI) must be received on or before November
objectives of 49 U.S.C. 31136(e) and
Nathan M. Gallant (TX) 26, 2018.
31315.
Louis A. Goodenough (IN) ADDRESSES: You may submit comments
Tyler L. Gravatt (ID) VI. Preemption identified by the Federal Docket
Gary W. Honaker (VA) Management System (FDMS) Docket No.
Rex L. Kreutzer (NE) During the period the exemption is in FMCSA–2014–0212 using any of the
Larry D. Lloyd (OR) effect, no State shall enforce any law or following methods:
Dennis D. Markowski (WA) regulation that conflicts with this • Federal eRulemaking Portal: Go to
William F. Melchert-Dinkel (MN) exemption with respect to a person http://www.regulations.gov. Follow the
Brit K. Miller (SD) operating under the exemption. online instructions for submitting
Charles B. Petersen (ID) comments.
Anthony J. Politan (IN) VII. Conclusion
• Mail: Docket Management Facility;
Emil T. Ricci (PA) Based upon its evaluation of the 145 U.S. Department of Transportation, 1200
Arturo Robles (WY) New Jersey Avenue SE, West Building
Robert F. Rothbauer (WI) exemption applications, FMCSA renews
the exemptions of the aforementioned Ground Floor, Room W12–140,
Michael A. Runyan, Jr. (NC) Washington, DC 20590–0001.
John D. Sheets (NH) drivers from the rule prohibiting drivers
with ITDM from driving CMVs in • Hand Delivery: West Building
Kyle L. Shuman (NY)
interstate commerce. In accordance with Ground Floor, Room W12–140, 1200
Gregory A. Smith (GA)
William S. Spaeth (WI) 49 U.S.C. 31136(e) and 31315, each New Jersey Avenue SE, Washington,
Eloy G. Tijerina (TX) exemption will be valid for two years DC, between 9 a.m. and 5 p.m., ET,
Santos R. Torres (TX) Monday through Friday, except Federal
unless revoked earlier by FMCSA.
Leroy A. Traudt (NE) Holidays.
Gerald S. Volpone, Jr. (MA)
Issued on: October 17, 2018. • Fax: 1–202–493–2251.
Galen R. Watts (TX) Larry W. Minor, To avoid duplication, please use only
John E. Wildenmann (KY) Associate Administrator for Policy. one of these four methods. See the
The drivers were included in docket [FR Doc. 2018–23330 Filed 10–24–18; 8:45 am] ‘‘Public Participation’’ portion of the
number FMCSA–2014–0309. Their SUPPLEMENTARY INFORMATION section for
daltland on DSKBBV9HB2PROD with NOTICES

BILLING CODE 4910–EX–P
exemptions are applicable as of instructions on submitting comments.
December 29, 2018, and will expire on FOR FURTHER INFORMATION CONTACT: Ms.
December 29, 2020. Christine A. Hydock, Chief, Medical
Programs Division, 202–366–4001,
V. Conditions and Requirements fmcsamedical@dot.gov, FMCSA,
The exemptions are extended subject Department of Transportation, 1200
to the following conditions: (1) Each New Jersey Avenue SE, Room W64–224,

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Document Created: 2018-10-25 01:43:44
Document Modified: 2018-10-25 01:43:44

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 August 28, 2018. The exemptions expire on August 28, 2020. Comments must be received on or before November 26, 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., 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 53951

83 FR 53951 - Qualification of Drivers; Exemption Applications; Epilepsy and Seizure Disorders

DEPARTMENT OF TRANSPORTATIONFederal Motor Carrier Safety Administration

Federal Register Volume 83, Issue 207 (October 25, 2018)

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration