83_FR_58907 83 FR 58683 - Qualification of Drivers; Exemption Applications; Epilepsy and Seizure Disorders

83 FR 58683 - Qualification of Drivers; Exemption Applications; Epilepsy and Seizure Disorders

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration

Federal Register Volume 83, Issue 224 (November 20, 2018)

Page Range58683-58685
FR Document2018-25278

FMCSA announces its decision to renew exemptions for 12 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 224 (Tuesday, November 20, 2018)
[Federal Register Volume 83, Number 224 (Tuesday, November 20, 2018)]
[Notices]
[Pages 58683-58685]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-25278]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2014-0213; FMCSA-2015-0323]


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 12 
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: Each group of renewed exemptions were applicable on the dates 
stated in the discussions below and will expire on the dates stated in 
the discussions below. Comments must be received on or before December 
20, 2018.

ADDRESSES: You may submit comments identified by the Federal Docket 
Management System (FDMS) Docket No. FMCSA-2014-0213; FMCSA-2015-0323 
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, [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.

SUPPLEMENTARY INFORMATION:

I. Public Participation

A. Submitting Comments

    If you submit a comment, please include the docket number for this 
notice (Docket Nos. FMCSA-2015-0323; FMCSA-2014-0213), 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

[[Page 58684]]

docket numbers, FMCSA-2014-0213; FMCSA-2015-0323, 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 numbers, FMCSA-2014-0213; FMCSA-2015-0323, 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 12 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 12 
applicants has satisfied the renewal conditions for obtaining an 
exemption from the epilepsy and seizure disorders prohibition. The 12 
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.
    In accordance with 49 U.S.C. 31136(e) and 31315, the following 
groups of drivers received renewed exemptions in the month of September 
and are discussed below:
    As of September 9, 2018, and in accordance with 49 U.S.C. 31136(e) 
and 31315, the following eight individuals have satisfied the renewal 
conditions for obtaining an exemption from the epilepsy and seizure 
disorders prohibition in the FMCSRs for interstate CMV drivers:

Mark D. Anderson (NC)
Jeremy N. Bradford (AL)
Jeffrey B. Green (CA)
Stephen M. Harmon (WV)
Donald A. Horst (MD)
Kyle P. Loney (WA)
Leigh P. Mallory (VT)
Raymond H. VanDeMark (NJ)

    The drivers were included in docket number FMCSA-2015-0323. Their 
exemptions are applicable as of September 9, 2018, and will expire on 
September 9, 2020.
    As of September 16, 2018, and in accordance with 49 U.S.C. 31136(e) 
and 31315, the following four individuals have satisfied the renewal 
conditions for obtaining an exemption from the epilepsy and seizure 
disorders prohibition in the FMCSRs for interstate CMV drivers:

Lee H. Anderson (MA)
Gary A. Combs, Jr. (KY)
Roland K. Mezger (PA)
Robert Thomas, Jr. (NC)

    The drivers were included in docket number FMCSA-2014-0213. Their 
exemptions are applicable as of September 16, 2018, and will expire on 
September 16, 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 58685]]

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 12 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: November 9, 2018.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2018-25278 Filed 11-19-18; 8:45 am]
BILLING CODE 4910-EX-P



                                Federal Register / Vol. 83, No. 224 / Tuesday, November 20, 2018 / Notices                                         58683

     research report ‘‘Implantable                           V. Conclusion                                         dates stated in the discussions below
     Cardioverter Defibrillators and the                        The Agency has determined that the                 and will expire on the dates stated in
     Impact of a Shock in a Patient When                     available medical and scientific                      the discussions below. Comments must
     Deployed.’’ Copies of the reports are                   literature and research provides                      be received on or before December 20,
     included in the docket.                                 insufficient data to enable the Agency to             2018.
        FMCSA has published advisory                         conclude that granting these exemptions               ADDRESSES: You may submit comments
     criteria to assist medical examiners in                 would achieve a level of safety                       identified by the Federal Docket
     determining whether drivers with                        equivalent to, or greater than, the level             Management System (FDMS) Docket No.
     certain medical conditions are qualified                of safety maintained without the                      FMCSA–2014–0213; FMCSA–2015–
     to operate a CMV in interstate                          exemption. Therefore, the following                   0323 using any of the following
     commerce. [Appendix A to Part 391—                      four applicants have been denied                      methods:
                                                             exemptions from the physical                             • Federal eRulemaking Portal: Go to
     Medical Advisory Criteria, section D,
                                                             qualification standards in 49 CFR                     http://www.regulations.gov. Follow the
     paragraph 4]. The advisory criteria for
                                                             391.41(b)(4):                                         online instructions for submitting
     49 CFR 391.41(b)(4) indicates that
                                                             David Christiansen (IL)                               comments.
     coronary artery bypass surgery and                                                                               • Mail: Docket Management Facility;
     pacemaker implantation are remedial                     Christopher G. Harville (SC)
                                                             Terry W. Meredith (TN)                                U.S. Department of Transportation, 1200
     procedures and thus, not medically                                                                            New Jersey Avenue SE, West Building
     disqualifying. Implantable cardioverter                 Grady C. Stone (GA)
                                                                Each applicant has, prior to this                  Ground Floor, Room W12–140,
     defibrillators are disqualifying due to                                                                       Washington, DC 20590–0001.
                                                             notice, received a letter of final
     risk of syncope.
                                                             disposition regarding his/her exemption                  • Hand Delivery: West Building
     III. Discussion of Comments                             request. Those decision letters fully                 Ground Floor, Room W12–140, 1200
                                                             outlined the basis for the denial and                 New Jersey Avenue SE, Washington,
       FMCSA received no comments in this                    constitutes final action by the Agency.               DC, between 9 a.m. and 5 p.m., ET,
     proceeding.                                             The list published today summarizes                   Monday through Friday, except Federal
                                                             the Agency’s recent denials as required               Holidays.
     IV. Basis for Exemption Determination                                                                            • Fax: 1–202–493–2251.
                                                             under 49 U.S.C. 31315(b)(4).                             To avoid duplication, please use only
        Under 49 U.S.C. 31136(e) and 31315,                    Issued on: November 9, 2018.                        one of these four methods. See the
     FMCSA may grant an exemption if it                      Larry W. Minor,                                       ‘‘Public Participation’’ portion of the
     finds such an exemption would likely                                                                          SUPPLEMENTARY INFORMATION section for
                                                             Associate Administrator for Policy.
     achieve a level of safety that is                                                                             instructions on submitting comments.
                                                             [FR Doc. 2018–25281 Filed 11–19–18; 8:45 am]
     equivalent to, or greater then, the level
                                                             BILLING CODE 4910–EX–P                                FOR FURTHER INFORMATION CONTACT: Ms.
     that would be achieved absent such an
                                                                                                                   Christine A. Hydock, Chief, Medical
     exemption.
                                                                                                                   Programs Division, 202–366–4001,
        The Agency’s decision regarding these                DEPARTMENT OF TRANSPORTATION                          fmcsamedical@dot.gov, FMCSA,
     exemption applications is based on an                                                                         Department of Transportation, 1200
     individualized assessment of each                       Federal Motor Carrier Safety                          New Jersey Avenue SE, Room W64–224,
     applicant’s medical information                         Administration                                        Washington, DC 20590–0001. Office
     provided by the applicant, available                    [Docket No. FMCSA–2014–0213; FMCSA–                   hours are from 8:30 a.m. to 5 p.m., ET,
     medical and scientific data concerning                  2015–0323]                                            Monday through Friday, except Federal
     ICD’s, and public comments received.                                                                          holidays. If you have questions
        In the case of persons with ICDs, the                Qualification of Drivers; Exemption                   regarding viewing or submitting
     underlying condition for which the ICD                  Applications; Epilepsy and Seizure                    material to the docket, contact Docket
     was implanted places the individual at                  Disorders                                             Services, telephone (202) 366–9826.
     high risk for syncope (a transient loss of              AGENCY: Federal Motor Carrier Safety                  SUPPLEMENTARY INFORMATION:
     consciousness) or other unpredictable                   Administration (FMCSA), DOT.                          I. Public Participation
     events known to result in gradual or                    ACTION: Notice of renewal of
     sudden incapacitation. ICDs may                                                                               A. Submitting Comments
                                                             exemptions; request for comments.
     discharge, which could result in loss of                                                                        If you submit a comment, please
     ability to safely control a CMV. See the                SUMMARY: FMCSA announces its                          include the docket number for this
     April 2007 Evidence Report on                           decision to renew exemptions for 12                   notice (Docket Nos. FMCSA–2015–0323;
     Cardiovascular Disease and Commercial                   individuals from the requirement in the               FMCSA–2014–0213), indicate the
     Motor vehicle Driver Safety, April                      Federal Motor Carrier Safety                          specific section of this document to
     2007.1 A focused research report on                     Regulations (FMCSRs) that interstate                  which each comment applies, and
     Implantable Cardioverter Defibrillators                 commercial motor vehicle (CMV)                        provide a reason for each suggestion or
     and the Impact of a Shock on a Patient                  drivers have ‘‘no established medical                 recommendation. You may submit your
     When Deployed completed for the                         history or clinical diagnosis of epilepsy             comments and material online or by fax,
     FMCSA December 2014 indicates that                      or any other condition which is likely                mail, or hand delivery, but please use
     the available scientific data on persons                to cause loss of consciousness or any                 only one of these means. FMCSA
     with ICDs and CMV driving does not                      loss of ability to control a CMV.’’ The               recommends that you include your
     support that persons with ICDs who                      exemptions enable these individuals                   name and a mailing address, an email
     operate CMVs are able to meet an equal                  who have had one or more seizures and                 address, or a phone number in the body
     or greater level of safety and upholds                  are taking anti-seizure medication to                 of your document so that FMCSA can
     the findings of the April 2007 report.                  continue to operate CMVs in interstate                contact you if there are questions
                                                             commerce.                                             regarding your submission.
       1 Now available at http://ntl.bts.gov/lib/30000/      DATES: Each group of renewed                            To submit your comment online, go to
     30100/30123/Final_CVD_Evidence_Report_v2.pdf.           exemptions were applicable on the                     http://www.regulations.gov, put the


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     58684                      Federal Register / Vol. 83, No. 224 / Tuesday, November 20, 2018 / Notices

     docket numbers, FMCSA–2014–0213;                           The physical qualification standard                Licensing Agency (SDLA). These factors
     FMCSA–2015–0323, in the keyword                         for drivers regarding epilepsy found in               provide an adequate basis for predicting
     box, and click ‘‘Search.’’ When the new                 49 CFR 391.41(b)(8) states that a person              each driver’s ability to continue to
     screen appears, click on the ‘‘Comment                  is physically qualified to drive a CMV                safely operate a CMV in interstate
     Now!’’ button and type your comment                     if that person has no established                     commerce. Therefore, FMCSA
     into the text box on the following                      medical history or clinical diagnosis of              concludes that extending the exemption
     screen. Choose whether you are                          epilepsy or any other condition which                 for each renewal applicant for a period
     submitting your comment as an                           is likely to cause the loss of                        of two years is likely to achieve a level
     individual or on behalf of a third party                consciousness or any loss of ability to               of safety equal to that existing without
     and then submit.                                        control a CMV.                                        the exemption.
       If you submit your comments by mail                      In addition to the regulations, FMCSA                 In accordance with 49 U.S.C. 31136(e)
     or hand delivery, submit them in an                     has published advisory criteria to assist             and 31315, the following groups of
     unbound format, no larger than 81⁄2 by                  Medical Examiners in determining                      drivers received renewed exemptions in
     11 inches, suitable for copying and                     whether drivers with certain medical                  the month of September and are
     electronic filing. If you submit                        conditions are qualified to operate a                 discussed below:
     comments by mail and would like to                      CMV in interstate commerce (49 CFR                       As of September 9, 2018, and in
     know that they reached the facility,                    part 391, APPENDIX A TO PART 391—                     accordance with 49 U.S.C. 31136(e) and
     please enclose a stamped, self-addressed                MEDICAL ADVISORY CRITERIA,                            31315, the following eight individuals
     postcard or envelope.                                   section H. Epilepsy: § 391.41(b)(8),                  have satisfied the renewal conditions for
       FMCSA will consider all comments                      paragraphs 3, 4, and 5).                              obtaining an exemption from the
     and material received during the                           The 12 individuals listed in this                  epilepsy and seizure disorders
     comment period.                                         notice have requested renewal of their                prohibition in the FMCSRs for interstate
                                                             exemptions from the epilepsy and                      CMV drivers:
     B. Viewing Documents and Comments                       seizure disorders prohibition in 49 CFR
                                                                                                                   Mark D. Anderson (NC)
        To view comments, as well as any                     391.41(b)(8), in accordance with
                                                                                                                   Jeremy N. Bradford (AL)
     documents mentioned in this notice as                   FMCSA procedures. Accordingly,                        Jeffrey B. Green (CA)
     being available in the docket, go to                    FMCSA has evaluated these                             Stephen M. Harmon (WV)
     http://www.regulations.gov. Insert the                  applications for renewal on their merits              Donald A. Horst (MD)
     docket numbers, FMCSA–2014–0213;                        and decided to extend each exemption                  Kyle P. Loney (WA)
     FMCSA–2015–0323, in the keyword                         for a renewable two-year period.                      Leigh P. Mallory (VT)
     box, and click ‘‘Search.’’ Next, click the                                                                    Raymond H. VanDeMark (NJ)
                                                             III. Request for Comments
     ‘‘Open Docket Folder’’ button and
                                                                Interested parties or organizations                   The drivers were included in docket
     choose the document to review. If you
                                                             possessing information that would                     number FMCSA–2015–0323. Their
     do not have access to the internet, you
                                                             otherwise show that any, or all, of these             exemptions are applicable as of
     may view the docket online by visiting
                                                             drivers are not currently achieving the               September 9, 2018, and will expire on
     the Docket Management Facility in
                                                             statutory level of safety should                      September 9, 2020.
     Room W12–140 on the ground floor of                                                                              As of September 16, 2018, and in
     the DOT West Building, 1200 New                         immediately notify FMCSA. The
                                                             Agency will evaluate any adverse                      accordance with 49 U.S.C. 31136(e) and
     Jersey Avenue SE, Washington, DC                                                                              31315, the following four individuals
     20590, between 9 a.m. and 5 p.m., ET,                   evidence submitted and, if safety is
                                                             being compromised or if continuation of               have satisfied the renewal conditions for
     Monday through Friday, except Federal                                                                         obtaining an exemption from the
     holidays.                                               the exemption would not be consistent
                                                             with the goals and objectives of 49                   epilepsy and seizure disorders
     C. Privacy Act                                          U.S.C. 31136(e) and 31315, FMCSA will                 prohibition in the FMCSRs for interstate
       In accordance with 5 U.S.C. 553(c),                   take immediate steps to revoke the                    CMV drivers:
     DOT solicits comments from the public                   exemption of a driver.                                Lee H. Anderson (MA)
     to better inform its rulemaking process.                                                                      Gary A. Combs, Jr. (KY)
                                                             IV. Basis for Renewing Exemptions                     Roland K. Mezger (PA)
     DOT posts these comments, without
     edit, including any personal information                  In accordance with 49 U.S.C. 31136(e)               Robert Thomas, Jr. (NC)
     the commenter provides, to                              and 31315, each of the 12 applicants has                 The drivers were included in docket
     www.regulations.gov, as described in                    satisfied the renewal conditions for                  number FMCSA–2014–0213. Their
     the system of records notice (DOT/ALL–                  obtaining an exemption from the                       exemptions are applicable as of
     14 FDMS), which can be reviewed at                      epilepsy and seizure disorders                        September 16, 2018, and will expire on
     www.dot.gov/privacy.                                    prohibition. The 12 drivers in this                   September 16, 2020.
                                                             notice remain in good standing with the
     II. Background                                          Agency, have maintained their medical                 V. Conditions and Requirements
        Under 49 U.S.C. 31136(e) and 31315,                  monitoring and have not exhibited any                   The exemptions are extended subject
     FMCSA may grant an exemption for up                     medical issues that would compromise                  to the following conditions: (1) Each
     to five years if it finds ‘‘such exemption              their ability to safely operate a CMV                 driver must remain seizure-free and
     would likely achieve a level of safety                  during the previous two-year exemption                maintain a stable treatment during the
     that is equivalent to or greater than the               period. In addition, for Commercial                   two-year exemption period; (2) each
     level that would be achieved absent                     Driver’s License (CDL) holders, the                   driver must submit annual reports from
     such exemption.’’ The statute also                      Commercial Driver’s License                           their treating physicians attesting to the
     allows the Agency to renew exemptions                   Information System (CDLIS) and the                    stability of treatment and that the driver
     at the end of the five-year period.                     Motor Carrier Management Information                  has remained seizure-free; (3) each
     FMCSA grants exemptions from the                        System (MCMIS) are searched for crash                 driver must undergo an annual medical
     FMCSRs for a two-year period to align                   and violation data. For non-CDL                       examination by a certified Medical
     with the maximum duration of a                          holders, the Agency reviews the driving               Examiner, as defined by 49 CFR 390.5;
     driver’s medical certification.                         records from the State Driver’s                       and (4) each driver must provide a copy


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                                Federal Register / Vol. 83, No. 224 / Tuesday, November 20, 2018 / Notices                                                 58685

     of the annual medical certification to                  with the identified best practices and                the standing CSX train parked on the
     the employer for retention in the                       that railroads take certain other actions             siding.
     driver’s qualification file, or keep a copy             to ensure the safety of railroad                         In the draft Safety Advisory, FRA also
     of his/her driver’s qualification file if               operations during temporary signal                    noted the March 14, 2016 accident near
     he/she is self-employed. The driver                     suspensions. FRA believes that actions                Granger, Wyoming, which occurred
     must also have a copy of the exemption                  consistent with this Safety Advisory                  when a Union Pacific Railroad (UP)
     when driving, for presentation to a duly                will reduce the risk of serious injury or             freight train traveled from the main
     authorized Federal, State, or local                     death both to railroad employees and                  track through a misaligned switch into
     enforcement official. The exemption                     members of the public.                                a controlled siding and collided head-on
     will be rescinded if: (1) The person fails              FOR FURTHER INFORMATION CONTACT:                      with another UP freight train standing
     to comply with the terms and                            Douglas Taylor, Staff Director,                       on the siding.
     conditions of the exemption; (2) the                    Operating Practices, Office of Railroad                  Notably, both the Cayce and Granger
     exemption has resulted in a lower level                 Safety, FRA, 1200 New Jersey Avenue                   accidents occurred while the operating
     of safety than was maintained before it                 SE, Washington, DC 20590, telephone                   railroads were installing and testing
     was granted; or (3) continuation of the                 (202) 493–6255; or Carolyn Hayward-                   positive train control (PTC) technology
     exemption would not be consistent with                  Williams, Staff Director, Positive Train              and while the railroads had temporarily
     the goals and objectives of 49 U.S.C.                   Control/Signal & Train Control Division,              suspended the signals in the accident
     31136(e) and 31315.                                     Office of Railroad Safety, FRA, 1200                  areas to perform installation and testing
                                                             New Jersey Avenue SE, Washington, DC                  activities. In the Granger accident, while
     VI. Preemption
                                                             20590, telephone (202) 493–6399.                      the signals were suspended, UP
        During the period the exemption is in                SUPPLEMENTARY INFORMATION:                            established absolute blocks intended to
     effect, no State shall enforce any law or                                                                     provide for the safe movement of trains
     regulation that conflicts with this                     Background
                                                                                                                   through the area without signals. In the
     exemption with respect to a person                         On April 23, 2018, FRA published a                 Cayce accident, the Amtrak train was
     operating under the exemption.                          notice of a draft Safety Advisory in the              operating on a track warrant and at the
     VII. Conclusion                                         Federal Register addressing railroad                  time of the accident, signal personnel
                                                             operations during temporary signal                    had stopped working for the day, yet the
       Based on its evaluation of the 12                     suspensions. 83 FR 17701. As stated in                temporary signal suspension remained
     exemption applications, FMCSA renews                    the draft Safety Advisory, a review of                in place.
     the exemptions of the aforementioned                    FRA’s accident/incident data shows that                  As explained in the draft Safety
     drivers from the epilepsy and seizure                   overall, rail transportation, both                    Advisory, the National Transportation
     disorders prohibition in 49 CFR 391.41                  passenger and freight, is safe. However,              Safety Board (NTSB) determined that
     (b)(8). In accordance with 49 U.S.C.                    recent rail accidents occurring in areas              the probable cause of the Granger
     31136(e) and 31315, each exemption                      where a railroad has temporarily                      accident was the employee-in-charge
     will be valid for two years unless                      suspended the signal system, typically                incorrectly using information from a
     revoked earlier by FMCSA.                               for purposes of maintenance, repair, or               conversation with the train dispatcher
       Issued on: November 9, 2018.                          installation of additional components                 as authorization to send a train into the
     Larry W. Minor,                                         for a new or existing system,                         area where the signal system suspension
     Associate Administrator for Policy.                     demonstrate that rail operations during               was in effect. The NTSB also found that
     [FR Doc. 2018–25278 Filed 11–19–18; 8:45 am]            signal suspensions present increased                  a contributing factor was the conductor
     BILLING CODE 4910–EX–P
                                                             safety risks. In the draft Safety Advisory,           pilot’s failure to check the switch
                                                             FRA specifically noted the February 4,                position before authorizing the train to
                                                             2018 accident in Cayce, South Carolina,               enter the area. Both FRA and the
     DEPARTMENT OF TRANSPORTATION                            in which the engineer and conductor of                NTSB’s investigations into the Cayce
                                                             National Railroad Passenger Corporation               accident are ongoing and while neither
     Federal Railroad Administration                         (Amtrak) Train P09103 were killed and                 agency has yet issued any formal
     [Docket No. FRA–2018–0037; Notice No. 2;
                                                             115 passengers injured,1 when their                   findings, on February 13, 2018, the
     Safety Advisory 2018–02]                                train collided head-on with a CSX                     NTSB issued a Safety Recommendation
                                                             Transportation, Inc. freight train (Train             Report 2 to FRA regarding train
     Safety Advisory Related to Temporary                    F77703). As noted in the draft Safety                 operations during signal suspensions. In
     Signal Suspensions                                      Advisory, while the cause of this                     its report, the NTSB recommended that
                                                             accident has not yet been determined,                 FRA issue an emergency order directing
     AGENCY: Federal Railroad                                FRA’s preliminary investigation
     Administration (FRA), Department of                                                                           railroads to require train crews to
                                                             indicates that despite the CSX train                  approach switches at restricted speed
     Transportation (DOT).                                   crew reporting to the train dispatcher                when signal suspensions are in effect
     ACTION: Notice of Safety Advisory.                      that the switch was lined correctly, the              and a switch has been reported relined
     SUMMARY: FRA is issuing this Safety                     crew did not restore the main track                   for a main track (NTSB Safety
     Advisory addressing railroad operations                 switch to its normal position as required             Recommendation R–18–005). The NTSB
     under temporary signal suspensions.                     by Federal regulation (Title 49 Code of               further recommended that after the
     This Safety Advisory recommends the                     Federal Regulations (CFR) 218.105) and                switch position is verified, train crews
     use of industry best practices when                     CSX’s own operating rules. The                        should be required to report to the
     planning and implementing temporary                     misaligned switch diverted the next                   dispatcher that the switch is correctly
     signal suspensions, including when                      train to traverse the location (the                   lined for the main track before
     conducting rail operations under                        Amtrak train) into the siding and into
                                                                                                                     2 NTSB, Safety Recommendation Report: Train
     temporary signal suspensions. This                        1 Including 92 individuals who were transported     Operation During Signal Suspension, Report No.
     Safety Advisory also recommends that                    to medical facilities for treatment and 23 people     RSR–18/01, Recommendation No. R–18–005 (Feb.
     railroads develop and implement                         who received first aid at a triage area established   13, 2018), https://www.ntsb.gov/investigations/
     procedures and practices consistent                     near the accident site.                               AccidentReports/Reports/RSR1801.pdf.



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Document Created: 2018-11-20 07:59:15
Document Modified: 2018-11-20 07:59:15
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice of renewal of exemptions; request for comments.
DatesEach group of renewed exemptions were applicable on the dates stated in the discussions below and will expire on the dates stated in the discussions below. Comments must be received on or before December 20, 2018.
ContactMs. 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 Citation83 FR 58683 

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