83 FR 60953 - Qualification of Drivers; Exemption Application; Narcolepsy
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration Federal Register Volume 83, Issue 228 (November 27, 2018)
Federal Motor Carrier Safety Administration
Federal Register Volume 83, Issue 228 (November 27, 2018)
| Page Range | 60953-60954 | |
| FR Document | 2018-25848 |
[Federal Register Volume 83, Number 228 (Tuesday, November 27, 2018)] [Notices] [Pages 60953-60954] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-25848] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA-2018-0320] Qualification of Drivers; Exemption Application; Narcolepsy AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice of application for exemption; request for comments. ----------------------------------------------------------------------- SUMMARY: FMCSA announces receipt of an application from Mr. Terry L. Curtner for an exemption from the prohibition in the Federal Motor Carrier Safety Regulations (FMCSRs) against operation of a commercial motor vehicle (CMV) in interstate commerce by persons with either a clinical diagnosis of epilepsy or any other condition that is likely to cause a loss of consciousness or any loss of ability to control a CMV, or a mental, nervous, organic, or functional disease or psychiatric disorder likely to interfere with his/her ability to drive a CMV safely. If granted, the exemption would enable Mr. Curtner who has been diagnosed with narcolepsy and is receiving medical treatment to operate CMVs in interstate commerce. DATES: Comments must be received on or before December 27, 2018. ADDRESSES: You may submit comments identified by the Federal Docket Management System (FDMS) Docket ID FMCSA-2018-0320 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: [[Page 60954]] I. Public Participation A. Submitting Comments If you submit a comment, please include the docket number for this notice (Docket No. FMCSA-2018-0320), 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-2018-0320, 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-2018-0320, 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 from the FMCSRs for a five-year period 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 individual listed in this notice has requested an exemption from 49 CFR 391.41(b)(8) and (9). Accordingly, the Agency will evaluate the qualifications of the applicant to determine whether granting the exemption will achieve the required level of safety mandated by statute. The physical qualification standard for drivers 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 loss of consciousness or any loss of ability to control a commercial motor vehicle. The physical qualification standard for drivers found in 49 CFR 391.41(b)(9) states that a person is physically qualified to drive a CMV if that person has no mental, nervous, organic, or functional disease or psychiatric disorder likely to interfere with his/her ability to drive a commercial motor vehicle safely. 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. --------------------------------------------------------------------------- The advisory criteria states that if an individual has had a sudden episode of a non-epileptic seizure or loss of consciousness of unknown cause that did not require anti-seizure medication, the decision whether that person's condition is likely to cause the loss of consciousness or loss of ability to control a CMV should be made on an individual basis by the Medical Examiner in consultation with the treating physician. The advisory criteria also states that a variety of functional disorders can cause drowsiness, dizziness, confusion, weakness or paralysis that may lead to incoordination, inattention, loss of functional control and susceptibility to accidents while driving. In those individual cases where a driver had a seizure or an episode of loss of consciousness that resulted from a known medical condition (e.g., drug reaction, high temperature, acute infectious disease, dehydration, or acute metabolic disturbance), certification should be deferred until the driver has fully recovered from that condition, has no existing residual complications, and is not taking anti-seizure medication. III. Qualifications of Applicants Terry L. Curtner Mr. Curtner, is a commercial driver in Illinois. A letter dated August 10, 2018, from Mr. Curtner's neurologist reports that at his last July 31, 2018, follow-up evaluation, he was stable on a moderate daily dose of Nuvigil, and has not had any narcoleptic attacks or cataplexy in over 20 years. IV. Request for Comments In accordance with 49 U.S.C. 31136(e) and 31315, FMCSA requests public comment from all interested persons on the exemption petitions described in this notice. We will consider all comments received before the close of business on the closing date indicated in the dates section of the notice. Issued on: November 20, 2018. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2018-25848 Filed 11-26-18; 8:45 am] BILLING CODE 4910-EX-P
![Federal Register / Vol. 83, No. 228 / Tuesday, November 27, 2018 / Notices 60953
received, to include both pre-CDL and the ability of smaller carriers to apply ACTION:Notice of application for
post-CDL training. for the program. In an effort to not bias exemption; request for comments.
FMCSA Response: FMCSA agrees that the sample, OBMS data will be collected
this information should be requested, from participating drivers if the vehicle SUMMARY: FMCSA announces receipt of
and has updated data collection forms they operate is already equipped with an application from Mr. Terry L. Curtner
to reflect these items. However, FMCSA that system; however, it is not a for an exemption from the prohibition
will not preclude a carrier from requirement for participation. in the Federal Motor Carrier Safety
participation for not providing these Comments Neutral towards the Pilot Regulations (FMCSRs) against operation
details if other requirements are met. Program: There were three commenters of a commercial motor vehicle (CMV) in
13. Consider a formal review process who did not voice whether they interstate commerce by persons with
for motor carriers who temporarily fall supported or opposed the pilot program. either a clinical diagnosis of epilepsy or
out of compliance with the pilot These comments included one voicing any other condition that is likely to
program requirements and want to re- concern over the industry turning away cause a loss of consciousness or any loss
enter the program. these young drivers due to the difficult
FMCSA Response: Carriers who fall of ability to control a CMV, or a mental,
nature of the industry and its lifestyle nervous, organic, or functional disease
out of compliance with the pilot
(e.g., long periods away from home), a or psychiatric disorder likely to interfere
program requirements will be dealt with
commenter raising the need for a lot of with his/her ability to drive a CMV
on an individual basis depending on
hands on training for anyone entering safely. If granted, the exemption would
several factors, including evaluating the
the industry, and one commenter who enable Mr. Curtner who has been
severity of their lapse of compliance.
14. Allow for carriers to report driver had questions and commentary diagnosed with narcolepsy and is
infractions (e.g., failure of a drug test, regarding expanding the pilot program, receiving medical treatment to operate
crashes, violations, etc.) in one business current regulations, and the practices CMVs in interstate commerce.
day as opposed to one 24-hour period. their carrier follows. This commenter
also felt the current study design was DATES: Comments must be received on
FMCSA Response: FMCSA does not or before December 27, 2018.
agree that one business day is the too onerous for small carriers and
correct time frame for reporting these geared more towards large carriers. ADDRESSES: You may submit comments
infractions; however, FMCSA has FMCSA Response: These comments identified by the Federal Docket
clarified that they should be reported were not actionable with regard to this Management System (FDMS) Docket ID
within one day of the carrier being pilot program. The FAST Act specifies FMCSA–2018–0320 using any of the
informed of any of these infractions. who should be included in the pilot following methods:
Commenters Opposed to the Pilot program, and the military training offers • Federal eRulemaking Portal: Go to
Program: Of the 14 commenters who extensive classroom and behind-the-
http://www.regulations.gov. Follow the
were against the pilot program, 13 wheel training prior to being certified in
online instructions for submitting
comments were submitted by one of the relevant MOSs. Regarding the
comments.
individuals, while one comment was burden on small carriers, FMCSA has
submitted by the Advocates for designed a study that is open to having • Mail: Docket Management Facility;
Highway and Auto Safety (Advocates). all carriers (small, medium, and large) U.S. Department of Transportation, 1200
Several commenters mentioned general apply to the program, while still being New Jersey Avenue SE, West Building
knowledge that younger drivers tend to able to meet the safety needs of this Ground Floor, Room W12–140,
be less safe than older drivers. One pilot program and collect enough data to Washington, DC 20590–0001.
commenter mentioned concern over the conduct a statistically meaningful • Hand Delivery: West Building
potential for younger drivers to be analysis. FMCSA has made several Ground Floor, Room W12–140, 1200
treated harshly by the industry, and efforts to assist with reducing the New Jersey Avenue SE, Washington,
several mentioned a lack of experience burden on small carriers, such as not DC, between 9 a.m. and 5 p.m., ET,
that would be concerning. Advocates making OBMS data a requirement, and Monday through Friday, except Federal
additionally recommended requiring not requiring carriers to provide a driver Holidays.
both the use of an Electronic Logging for each group on a one-for-one basis.
• Fax: 1–202–493–2251.
Device (ELD) and the use of an On- Issued under the authority delegated in 49
Board Monitoring System (OBMS). CFR 1.87 on: November 20, 2018. To avoid duplication, please use only
FMCSA Response: For those one of these four methods. See the
G. Kelly Regal,
commenters who expressed concern due ‘‘Public-Participation’’ portion of the
Associate Administrator for Office of
to immaturity and lack of experience of SUPPLEMENTARY INFORMATION section for
Research and Information Technology.
younger drivers, FMCSA reiterates that instructions on submitting comments.
[FR Doc. 2018–25846 Filed 11–26–18; 8:45 am]
the pilot program will have stringent
BILLING CODE 4910–EX–P FOR FURTHER INFORMATION CONTACT: Ms.
participation criteria which includes
Christine A. Hydock, Chief, Medical
military training that exceeds most
Programs Division, (202) 366–4001,
entry-level driver training programs as DEPARTMENT OF TRANSPORTATION fmcsamedical@dot.gov, FMCSA,
well as military experience operating a
Department of Transportation, 1200
heavy vehicle that is comparable to a Federal Motor Carrier Safety New Jersey Avenue SE, Room W64–
CMV. Participants must be trained in a Administration 224,Washington, DC 20590–0001. Office
specific MOS which have been selected
amozie on DSK3GDR082PROD with NOTICES1
hours are from 8:30 a.m. to 5 p.m., ET,
as those most closely mirroring
[Docket No. FMCSA–2018–0320] Monday through Friday, except Federal
experience with CMVs. Drivers will be
holidays. If you have questions
required to comply with current Qualification of Drivers; Exemption regarding viewing or submitting
regulations regarding ELDs, and while Application; Narcolepsy material to the docket, contact Docket
most CMVs are equipped with OBMS
Services, telephone (202) 366–9826.
systems, FMCSA’s position is that AGENCY:Federal Motor Carrier Safety
requiring use of an OBMS would limit Administration (FMCSA), DOT. SUPPLEMENTARY INFORMATION:
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![60954 Federal Register / Vol. 83, No. 228 / Tuesday, November 27, 2018 / Notices
I. Public Participation the commenter provides, to the decision whether that person’s
www.regulations.gov, as described in condition is likely to cause the loss of
A. Submitting Comments
the system of records notice (DOT/ALL– consciousness or loss of ability to
If you submit a comment, please 14 FDMS), which can be reviewed at control a CMV should be made on an
include the docket number for this www.dot.gov/privacy. individual basis by the Medical
notice (Docket No. FMCSA–2018–0320), Examiner in consultation with the
indicate the specific section of this II. Background
treating physician. The advisory criteria
document to which each comment Under 49 U.S.C. 31136(e) and 31315, also states that a variety of functional
applies, and provide a reason for each FMCSA may grant an exemption from disorders can cause drowsiness,
suggestion or recommendation. You the FMCSRs for a five-year period if it dizziness, confusion, weakness or
may submit your comments and finds such exemption would likely paralysis that may lead to
material online or by fax, mail, or hand achieve a level of safety that is incoordination, inattention, loss of
delivery, but please use only one of equivalent to, or greater than, the level functional control and susceptibility to
these means. FMCSA recommends that that would be achieved absent such accidents while driving.
you include your name and a mailing exemption. The statute also allows the In those individual cases where a
address, an email address, or a phone Agency to renew exemptions at the end driver had a seizure or an episode of
number in the body of your document of the five-year period. FMCSA grants loss of consciousness that resulted from
so that FMCSA can contact you if there exemptions from the FMCSRs for a two- a known medical condition (e.g., drug
are questions regarding your year period to align with the maximum reaction, high temperature, acute
submission. duration of a driver’s medical infectious disease, dehydration, or acute
To submit your comment online, go to certification. metabolic disturbance), certification
http://www.regulations.gov, put the The individual listed in this notice
should be deferred until the driver has
docket number, FMCSA–2018–0320, in has requested an exemption from 49
fully recovered from that condition, has
the keyword box, and click ‘‘Search.’’ CFR 391.41(b)(8) and (9). Accordingly,
no existing residual complications, and
When the new screen appears, click on the Agency will evaluate the
is not taking anti-seizure medication.
the ‘‘Comment Now!’’ button and type qualifications of the applicant to
your comment into the text box on the determine whether granting the III. Qualifications of Applicants
following screen. Choose whether you exemption will achieve the required
Terry L. Curtner
are submitting your comment as an level of safety mandated by statute.
individual or on behalf of a third party The physical qualification standard Mr. Curtner, is a commercial driver in
and then submit. for drivers found in 49 CFR 391.41(b)(8) Illinois. A letter dated August 10, 2018,
If you submit your comments by mail states that a person is physically from Mr. Curtner’s neurologist reports
or hand delivery, submit them in an qualified to drive a CMV if that person that at his last July 31, 2018, follow-up
unbound format, no larger than 81⁄2 by has no established medical history or evaluation, he was stable on a moderate
11 inches, suitable for copying and clinical diagnosis of epilepsy or any daily dose of Nuvigil, and has not had
electronic filing. If you submit other condition which is likely to cause any narcoleptic attacks or cataplexy in
comments by mail and would like to loss of consciousness or any loss of over 20 years.
know that they reached the facility, ability to control a commercial motor
IV. Request for Comments
please enclose a stamped, self-addressed vehicle.
postcard or envelope. The physical qualification standard In accordance with 49 U.S.C. 31136(e)
FMCSA will consider all comments for drivers found in 49 CFR 391.41(b)(9) and 31315, FMCSA requests public
and material received during the states that a person is physically comment from all interested persons on
comment period. qualified to drive a CMV if that person the exemption petitions described in
has no mental, nervous, organic, or this notice. We will consider all
B. Viewing Documents and Comments functional disease or psychiatric comments received before the close of
To view comments, as well as any disorder likely to interfere with his/her business on the closing date indicated
documents mentioned in this notice as ability to drive a commercial motor in the dates section of the notice.
being available in the docket, go to vehicle safely. Issued on: November 20, 2018.
http://www.regulations.gov. Insert the In addition to the regulations, FMCSA
Larry W. Minor,
docket number, FMCSA–2018–0320, in has published advisory criteria1 to assist
Associate Administrator for Policy.
the keyword box, and click ‘‘Search.’’ Medical Examiners in determining
whether drivers with certain medical [FR Doc. 2018–25848 Filed 11–26–18; 8:45 am]
Next, click the ‘‘Open Docket Folder’’
button and choose the document to conditions are qualified to operate a BILLING CODE 4910–EX–P
review. If you do not have access to the CMV in interstate commerce. [49 CFR
internet, you may view the docket part 391, APPENDIX A TO PART 391—
online by visiting the Docket MEDICAL ADVISORY CRITERIA, DEPARTMENT OF TRANSPORTATION
Management Facility in Room W12–140 section H. Epilepsy: § 391.41(b)(8), Federal Motor Carrier Safety
on the ground floor of the DOT West paragraphs 3, 4, and 5.] Administration
Building, 1200 New Jersey Avenue SE, The advisory criteria states that if an
Washington, DC 20590, between 9 a.m. individual has had a sudden episode of
and 5 p.m., ET, Monday through Friday, a non-epileptic seizure or loss of [Docket No. FMCSA–2018–0208]
except Federal holidays. consciousness of unknown cause that
amozie on DSK3GDR082PROD with NOTICES1
Qualification of Drivers; Exemption
did not require anti-seizure medication,
C. Privacy Act Applications; Vision
In accordance with 5 U.S.C. 553(c), 1 See http://www.ecfr.gov/cgi-bin/text-idx?SID=
AGENCY: Federal Motor Carrier Safety
DOT solicits comments from the public e47b48a9ea42dd67d999246e23d97970&mc=
true&node=pt49.5.391&rgn=div5#ap49.5.391_171.a
Administration (FMCSA), DOT.
to better inform its rulemaking process. and https://www.gpo.gov/fdsys/pkg/CFR-2015- ACTION: Notice of applications for
DOT posts these comments, without title49-vol5/pdf/CFR-2015-title49-vol5-part391- exemption; request for comments.
edit, including any personal information appA.pdf.
VerDate Sep<11>2014 17:45 Nov 26, 2018 Jkt 247001 PO 00000 Frm 00134 Fmt 4703 Sfmt 4703 E:\FR\FM\27NON1.SGM 27NON1](https://thefederalregister.org/doc/83_FR_61181/page/2.svg)
Document Created: 2018-11-27 01:25:48
Document Modified: 2018-11-27 01:25:48
| 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 application for exemption; request for comments. | |
| Dates | Comments must be received on or before December 27, 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 60953 |
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