83 FR 6716 - Qualification of Drivers; Exemption Applications; Epilepsy and Seizure Disorders

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration

Federal Register Volume 83, Issue 31 (February 14, 2018)

Page Range		6716-6718
FR Document		2018-03065

FMCSA announces receipt of applications from six individuals for an exemption from the prohibition in the Federal Motor Carrier Safety Regulations (FMCSRs) against persons with 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 commercial motor vehicle (CMV) to drive in interstate commerce. If granted, the exemptions would enable these individuals who have had one or more seizures and are taking anti-seizure medication to operate CMVs in interstate commerce.

Federal Register, Volume 83 Issue 31 (Wednesday, February 14, 2018)

[Federal Register Volume 83, Number 31 (Wednesday, February 14, 2018)]
[Notices]
[Pages 6716-6718]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-03065]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2017-0254]


Qualification of Drivers; Exemption Applications; Epilepsy and 
Seizure Disorders

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION: Notice of applications for exemption; request for comments.

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SUMMARY: FMCSA announces receipt of applications from six individuals 
for an exemption from the prohibition in the Federal Motor Carrier 
Safety Regulations (FMCSRs) against persons with 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 commercial motor 
vehicle (CMV) to drive in interstate commerce. If granted, the 
exemptions would enable these individuals who have had one or more 
seizures and are taking anti-seizure medication to operate CMVs in 
interstate commerce.

DATES: Comments must be received on or before March 16, 2018.

ADDRESSES: You may submit comments bearing the Federal Docket 
Management System (FDMS) Docket No. FMCSA-2017-0254 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., 
e.t., Monday through Friday, except Federal Holidays.
     Fax: 1-202-493-2251.
    Instructions: Each submission must include the Agency name and the 
docket number(s) for this notice. Note that all comments received will 
be posted without change to http://www.regulations.gov, including any 
personal information provided. Please see the Privacy Act heading below 
for further information.
    Docket: For access to the docket to read background documents or 
comments, go to http://www.regulations.gov at any time or Room W12-140 
on the ground level of the West Building, 1200 New Jersey Avenue SE, 
Washington, DC, between 9 a.m. and 5 p.m., e.t., Monday through Friday, 
except Federal holidays. The FDMS is available 24 hours each day, 365 
days each year. If you want acknowledgment that we received your 
comments, please include a self-addressed, stamped envelope or postcard 
or print the acknowledgement page that appears after submitting 
comments online.
    Privacy Act: In accordance with 5 U.S.C. 553(c), DOT solicits 
comments from the public to better inform its rulemaking process. DOT 
posts these comments, without edit, including any personal information 
the commenter provides, to http://www.regulations.gov, as described in 
the system of records notice (DOT/ALL-14 FDMS), which can be reviewed 
at http://www.dot.gov/privacy.

FOR FURTHER INFORMATION CONTACT: Ms. Christine A. Hydock, Chief, 
Medical Programs Division, (202) 366-4001, [email protected], FMCSA,

[[Page 6717]]

Department of Transportation, 1200 New Jersey Avenue SE, Room W64-224, 
Washington, DC 20590-0001. Office hours are 8:30 a.m. to 5 p.m., e.t., 
Monday through Friday, except Federal holidays. If you have questions 
regarding viewing or submitting material to the docket, contact Docket 
Services, telephone (202) 366-9826.

SUPPLEMENTARY INFORMATION: 

I. 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 six individuals listed in this notice have requested an 
exemption from the epilepsy and seizure disorders prohibition in 49 CFR 
391.41(b)(8). Accordingly, the Agency will evaluate the qualifications 
of each applicant to determine whether granting the exemption will 
achieve the required level of safety mandated by statute.
    The physical qualification standard for drivers regarding epilepsy 
found in 49 CFR 391.41(b)(8) states that a person is physically 
qualified to drive a CMV if that person has no established medical 
history or clinical diagnosis of epilepsy or any other condition which 
is likely to cause the loss of consciousness or any loss of ability to 
control a CMV.
    In addition to the regulations, FMCSA has published advisory 
criteria \1\ to assist Medical Examiners in determining whether drivers 
with certain medical conditions are qualified to operate a CMV in 
interstate commerce. [49 CFR part 391, APPENDIX A TO PART 391--MEDICAL 
ADVISORY CRITERIA, section H. Epilepsy: Sec.  391.41(b)(8), paragraphs 
3, 4, and 5.]
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    \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.
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    The advisory criteria states the following:
    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. Before 
certification is considered, it is suggested that a six-month waiting 
period elapse from the time of the episode. Following the waiting 
period, it is suggested that the individual have a complete 
neurological examination. If the results of the examination are 
negative and anti-seizure medication is not required, then the driver 
may be qualified.
    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 recovered fully from that 
condition, has no existing residual complications, and is not taking 
anti-seizure medication.
    Drivers who have a history of epilepsy/seizures, off anti-seizure 
medication and seizure-free for 10 years, may be qualified to operate a 
CMV in interstate commerce. Interstate drivers with a history of a 
single unprovoked seizure may be qualified to drive a CMV in interstate 
commerce if seizure-free and off anti-seizure medication for a five-
year period or more.
    As a result of Medical Examiners misinterpreting advisory criteria 
as regulation, numerous drivers have been prohibited from operating a 
CMV in interstate commerce based on the fact that they have had one or 
more seizures and are taking anti-seizure medication, rather than an 
individual analysis of their circumstances by a qualified Medical 
Examiner based on the physical qualification standards and medical best 
practices.
    On January 15, 2013, FMCSA announced in a Notice of Final 
Disposition titled, Qualification of Drivers; Exemption Applications; 
Epilepsy and Seizure Disorders, (78 FR 3069), its decision to grant 
requests from 22 individuals for exemptions from the regulatory 
requirement that interstate 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.'' Since the January 15, 2013 notice, the Agency has 
published additional notices granting requests from individuals for 
exemptions from the regulatory requirement regarding epilepsy found in 
49 CFR 391.41(b)(8).
    To be considered for an exemption from the epilepsy and seizure 
disorders prohibition in 49 CFR 391.41(b)(8), applicants must meet the 
criteria in the 2007 recommendations of the Agency's Medical Expert 
Panel (MEP) (78 FR 3069).

II. Qualifications of Applicants

Eriki M. Galloway

    Mr. Galloway, 48, has a history of a seizure disorder and has been 
seizure free since 1987. He takes anti-seizure medication, with the 
dosage and frequency remaining the same since 1981. His physician 
states that he is supportive of Mr. Galloway receiving an exemption.

Aaron J. Harms

    Mr. Harms, 29, has a history of epilepsy and has been seizure free 
since 2004. He takes anti-seizure medication, with the dosage and 
frequency remaining the same since 2004. His physician states that he 
is supportive of Mr. Harms receiving an exemption.

Matthew Heinen

    Mr. Heinen, 41, has a history of epilepsy and has been seizure free 
since 2004. He takes anti-seizure medications, with the dosages and 
frequencies remaining the same since 2004. His physician states that 
she is supportive of Mr. Heinen receiving an exemption.

Grant M. Johnson

    Mr. Johnson, 31, has a history of a seizure disorder and has been 
seizure free since 1999. He takes anti-seizure medication, with the 
dosage and frequency remaining the same since 1999. His physician 
states that he is supportive of Mr. Johnson receiving an exemption.

Derick Pendergrass

    Mr. Pendergrass, 35, has a history of a seizure disorder and has 
been seizure free since 2005. He takes anti-seizure medication, with 
the dosage and frequency remaining the same since 2005. His physician 
states that he is supportive of Mr. Pendergrass receiving an exemption.

Paul D. Vitous

    Mr. Vitous, 59, has a history of epilepsy and has been seizure free 
since 2007. He takes anti-seizure medication, with the dosage and 
frequency remaining the same since 2013. His physician states that he 
is supportive of Mr. Vitous receiving an exemption.

III. 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

[[Page 6718]]

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.

IV. Submitting Comments

    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 and 
in the search box insert the docket number FMCSA-2017-0254 and click 
the search button. When the new screen appears, click on the blue 
``Comment Now!'' button on the right hand side of the page. On the new 
page, enter information required including the specific section of this 
document to which each comment applies, and provide a reason for each 
suggestion or recommendation. 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.
    We will consider all comments and materials received during the 
comment period. FMCSA may issue a final determination at any time after 
the close of the comment period.

V. Viewing Comments and Documents

    To view comments, as well as any documents mentioned in this 
preamble, go to http://www.regulations.gov and in the search box insert 
the docket number FMCSA-2017-0254 and click ``Search.'' Next, click 
``Open Docket Folder'' and you will find all documents and comments 
related to this notice.

    Issued on: February 7, 2018.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2018-03065 Filed 2-13-18; 8:45 am]
 BILLING CODE 4910-EX-P

Federal Register / Vol. 83, No. 31 / Wednesday, February 14, 2018 / Notices 6717

Department of Transportation, 1200 person’s condition is likely to cause the prohibition in 49 CFR 391.41(b)(8),
New Jersey Avenue SE, Room W64–224, loss of consciousness or loss of ability applicants must meet the criteria in the
Washington, DC 20590–0001. Office to control a CMV should be made on an 2007 recommendations of the Agency’s
hours are 8:30 a.m. to 5 p.m., e.t., individual basis by the Medical Medical Expert Panel (MEP) (78 FR
Monday through Friday, except Federal Examiner in consultation with the 3069).
holidays. If you have questions treating physician. Before certification is
II. Qualifications of Applicants
regarding viewing or submitting considered, it is suggested that a six-
material to the docket, contact Docket month waiting period elapse from the Eriki M. Galloway
Services, telephone (202) 366–9826. time of the episode. Following the Mr. Galloway, 48, has a history of a
SUPPLEMENTARY INFORMATION: waiting period, it is suggested that the seizure disorder and has been seizure
individual have a complete neurological free since 1987. He takes anti-seizure
I. Background examination. If the results of the medication, with the dosage and
Under 49 U.S.C. 31136(e) and 31315, examination are negative and anti- frequency remaining the same since
FMCSA may grant an exemption from seizure medication is not required, then 1981. His physician states that he is
the FMCSRs for a five-year period if it the driver may be qualified. supportive of Mr. Galloway receiving an
finds ‘‘such exemption would likely In those individual cases where a
exemption.
achieve a level of safety that is driver had a seizure or an episode of
equivalent to or greater than the level loss of consciousness that resulted from Aaron J. Harms
that would be achieved absent such a known medical condition (e.g., drug Mr. Harms, 29, has a history of
exemption.’’ The statute also allows the reaction, high temperature, acute epilepsy and has been seizure free since
Agency to renew exemptions at the end infectious disease, dehydration, or acute 2004. He takes anti-seizure medication,
of the five-year period. FMCSA grants metabolic disturbance), certification with the dosage and frequency
exemptions from the FMCSRs for a two- should be deferred until the driver has remaining the same since 2004. His
year period to align with the maximum recovered fully from that condition, has physician states that he is supportive of
duration of a driver’s medical no existing residual complications, and Mr. Harms receiving an exemption.
certification. is not taking anti-seizure medication.
Drivers who have a history of Matthew Heinen
The six individuals listed in this
epilepsy/seizures, off anti-seizure Mr. Heinen, 41, has a history of
notice have requested an exemption
medication and seizure-free for 10 years, epilepsy and has been seizure free since
from the epilepsy and seizure disorders
may be qualified to operate a CMV in 2004. He takes anti-seizure medications,
prohibition in 49 CFR 391.41(b)(8).
interstate commerce. Interstate drivers with the dosages and frequencies
Accordingly, the Agency will evaluate with a history of a single unprovoked
the qualifications of each applicant to remaining the same since 2004. His
seizure may be qualified to drive a CMV physician states that she is supportive of
determine whether granting the in interstate commerce if seizure-free
exemption will achieve the required Mr. Heinen receiving an exemption.
and off anti-seizure medication for a
level of safety mandated by statute. five-year period or more. Grant M. Johnson
The physical qualification standard As a result of Medical Examiners
for drivers regarding epilepsy found in Mr. Johnson, 31, has a history of a
misinterpreting advisory criteria as seizure disorder and has been seizure
49 CFR 391.41(b)(8) states that a person regulation, numerous drivers have been
is physically qualified to drive a CMV free since 1999. He takes anti-seizure
prohibited from operating a CMV in medication, with the dosage and
if that person has no established interstate commerce based on the fact
medical history or clinical diagnosis of frequency remaining the same since
that they have had one or more seizures 1999. His physician states that he is
epilepsy or any other condition which and are taking anti-seizure medication,
is likely to cause the loss of supportive of Mr. Johnson receiving an
rather than an individual analysis of exemption.
consciousness or any loss of ability to their circumstances by a qualified
control a CMV. Medical Examiner based on the physical Derick Pendergrass
In addition to the regulations, FMCSA qualification standards and medical best Mr. Pendergrass, 35, has a history of
has published advisory criteria 1 to practices. a seizure disorder and has been seizure
assist Medical Examiners in On January 15, 2013, FMCSA free since 2005. He takes anti-seizure
determining whether drivers with announced in a Notice of Final medication, with the dosage and
certain medical conditions are qualified Disposition titled, Qualification of frequency remaining the same since
to operate a CMV in interstate Drivers; Exemption Applications; 2005. His physician states that he is
commerce. [49 CFR part 391, Epilepsy and Seizure Disorders, (78 FR supportive of Mr. Pendergrass receiving
APPENDIX A TO PART 391—MEDICAL 3069), its decision to grant requests from an exemption.
ADVISORY CRITERIA, section H. 22 individuals for exemptions from the
Epilepsy: § 391.41(b)(8), paragraphs 3, 4, regulatory requirement that interstate Paul D. Vitous
and 5.] CMV drivers have ‘‘no established Mr. Vitous, 59, has a history of
The advisory criteria states the medical history or clinical diagnosis of epilepsy and has been seizure free since
following: epilepsy or any other condition which 2007. He takes anti-seizure medication,
If an individual has had a sudden is likely to cause loss of consciousness with the dosage and frequency
episode of a non-epileptic seizure or or any loss of ability to control a CMV.’’ remaining the same since 2013. His
loss of consciousness of unknown cause Since the January 15, 2013 notice, the physician states that he is supportive of
daltland on DSKBBV9HB2PROD with NOTICES

that did not require anti-seizure Agency has published additional Mr. Vitous receiving an exemption.
medication, the decision whether that notices granting requests from
individuals for exemptions from the III. Request for Comments
1 See http://www.ecfr.gov/cgi-bin/text-idx?SID= regulatory requirement regarding In accordance with 49 U.S.C. 31136(e)
e47b48a9ea42dd67d999246e23d97970&mc=true&
node=pt49.5.391&rgn=div5#ap49.5.391_171.a and epilepsy found in 49 CFR 391.41(b)(8). and 31315, FMCSA requests public
https://www.gpo.gov/fdsys/pkg/CFR-2015-title49- To be considered for an exemption comment from all interested persons on
vol5/pdf/CFR-2015-title49-vol5-part391-appA.pdf. from the epilepsy and seizure disorders the exemption petitions described in

VerDate Sep<11>2014 22:07 Feb 13, 2018 Jkt 244001 PO 00000 Frm 00211 Fmt 4703 Sfmt 4703 E:\FR\FM\14FEN1.SGM 14FEN1

Document Created: 2018-02-14 03:59:03
Document Modified: 2018-02-14 03:59:03

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 applications for exemption; request for comments.
Dates		Comments must be received on or before March 16, 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 8:30 a.m. to 5 p.m., e.t., Monday through Friday, except Federal holidays. If you have questions regarding viewing or submitting material to the docket, contact Docket Services, telephone (202) 366-9826.
FR Citation		83 FR 6716

83 FR 6716 - Qualification of Drivers; Exemption Applications; Epilepsy and Seizure Disorders

DEPARTMENT OF TRANSPORTATIONFederal Motor Carrier Safety Administration

Federal Register Volume 83, Issue 31 (February 14, 2018)

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration