83 FR 6927 - Qualification of Drivers; Exemption Applications; Epilepsy and Seizure Disorders

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration

Federal Register Volume 83, Issue 32 (February 15, 2018)

Page Range		6927-6929
FR Document		2018-03043

FMCSA announces its decision to renew exemptions for five individuals from the requirement in the Federal Motor Carrier Safety Regulations (FMCSRs) that interstate commercial motor vehicle (CMV) drivers have ``no established medical history or clinical diagnosis of epilepsy or any other condition which is likely to cause loss of consciousness or any loss of ability to control a CMV.'' The exemptions enable these individuals who have had one or more seizures and are taking anti-seizure medication to continue to operate CMVs in interstate commerce.

Federal Register, Volume 83 Issue 32 (Thursday, February 15, 2018)

[Federal Register Volume 83, Number 32 (Thursday, February 15, 2018)]
[Notices]
[Pages 6927-6929]
From the Federal Register Online [www.thefederalregister.org]
[FR Doc No: 2018-03043]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2006-25854; FMCSA-2013-0108; FMCSA-2014-0382]

Qualification of Drivers; Exemption Applications; Epilepsy and
Seizure Disorders

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

ACTION: Notice of renewal of exemptions; request for comments.

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SUMMARY: FMCSA announces its decision to renew exemptions for five
individuals from the requirement in the Federal Motor Carrier Safety
Regulations (FMCSRs) that interstate commercial motor vehicle (CMV)
drivers have ``no established medical history or clinical diagnosis of
epilepsy or any other condition which is likely to cause loss of
consciousness or any loss of ability to control a CMV.'' The exemptions
enable these individuals who have had one or more seizures and are
taking anti-seizure medication to continue to operate CMVs in
interstate commerce.

DATES: The exemptions were applicable on December 23, 2017. The
exemptions expire on December 23, 2019. Comments must be received on or
before March 19, 2018.

ADDRESSES: You may submit comments bearing the Federal Docket
Management System (FDMS) Docket No. FMCSA-2006-25854; FMCSA-2013-0108;
FMCSA-2014-0382; 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

[[Page 6928]]

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.
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., ET, Monday through Friday,
except Federal holidays. The FDMS is available 24 hours each day ET,
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, fmcsamedical@dot.gov, 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. Background

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

II. 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.

III. Basis for Renewing Exemptions

In accordance with 49 U.S.C. 31136(e) and 31315, each of the five
applicants has satisfied the renewal conditions for obtaining an
exemption from the epilepsy and seizure disorders prohibition. The five
drivers in this notice remain in good standing with the Agency, have
maintained their medical monitoring and have not exhibited any medical
issues that would compromise their ability to safely operate a CMV
during the previous two-year exemption period. In addition, for
Commercial Driver's License (CDL) holders, the Commercial Driver's
License Information System (CDLIS) and the Motor Carrier Management
Information System (MCMIS) are searched for crash and violation data.
For non-CDL holders, the Agency reviews the driving records from the
State Driver's Licensing Agency (SDLA). These factors provide an
adequate basis for predicting each driver's ability to continue to
safely operate a CMV in interstate commerce. Therefore, FMCSA concludes
that extending the exemption for each renewal applicant for a period of
two years is likely to achieve a level of safety equal to that existing
without the exemption.
As of December 23, 2017, and in accordance with 49 U.S.C. 31136(e)
and 31315, the following five individuals have satisfied the renewal
conditions for obtaining an exemption from the epilepsy and seizure
disorders prohibition in the FMCSRs for interstate CMV drivers:

Gary Freeman (AL)
Aaron Gillette (SD)
David L. Kestner (VA)
Chad B. Smith (MA)
Trever A. Williams (MN)

The drivers were included in docket numbers FMCSA-2006-25854;
FMCSA-2013-0108; FMCSA-2014-0382. Their exemptions are applicable as of
December 23, 2017, and will expire on December 23, 2019.

IV. 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 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.

[[Page 6929]]

V. 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.

VI. Conclusion

Based upon its evaluation of the five 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: February 8, 2018.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2018-03043 Filed 2-14-18; 8:45 am]
BILLING CODE 4910-EX-P

Federal Register / Vol. 83, No. 32 / Thursday, February 15, 2018 / Notices 6927

Rashawn L. Morris (VA) interstate CMV drivers (77 FR 539; 77 VI. Conclusion
Charles D. Oestreich (MN) FR 10608; 79 FR 6993; 81 FR 15401): Based upon its evaluation of the 64
Carols A. Osollo (NM) exemption applications, FMCSA renews
Brian K. Cline (NC)
Robert L. Peason (GA)
Mickey Lawson (NC) the exemptions of the aforementioned
Robert M. Pickett, II (MI)
drivers from the vision requirement in
Johnny L. Powell (MD) The drivers were included in docket 49 CFR 391.41(b)(10), subject to the
Branden J. Ramos (CA) number FMCSA–2011–0325. Their requirements cited above. In accordance
Andres Regalado (CA) exemptions are applicable as of with 49 U.S.C. 31136(e) and 31315, each
Thenon D. Ridley (TX) February 22, 2018, and will expire on
Christopher M. Rivera (NM) exemption will be valid for two years
February 22, 2020. unless revoked earlier by FMCSA.
Richard S. Robb (NM)
Angelo D. Rogers (AL) As of February 27, 2018, and in Issued on: February 7, 2018.
David J. Rothermal (RI) accordance with 49 U.S.C. 31136(e) and Larry W. Minor.
Sonny Scott (OH) 31315, Danielle Wilkins (CA) has Associate Administrator for Policy.
James J. Slemmer (PA) satisfied the renewal conditions for [FR Doc. 2018–03036 Filed 2–14–18; 8:45 am]
John T. Thor (MN) obtaining an exemption from the vision
BILLING CODE 4910–EX–P
Donald L. Urmston (OH) requirement in the FMCSRs for
Paul J. Vines (AL) interstate CMV drivers (79 FR 1908; 79
Jackie G. Wells (VA) FR 14333; 81 FR 15401). DEPARTMENT OF TRANSPORTATION
Joseph A. Wells (IL) The driver was included in docket
James D. Zimmer (OH) number FMCSA–2013–0174. The Federal Motor Carrier Safety
The drivers were included in docket exemption is applicable as of February Administration
numbers FMCSA–1999–5748; FMCSA– 27, 2018, and will expire on February
[Docket No. FMCSA–2006–25854; FMCSA–
2003–15268; FMCSA–2003–15892; 27, 2020. 2013–0108; FMCSA–2014–0382]
FMCSA–2005–21711; FMCSA–2005– IV. Conditions and Requirements
22194; FMCSA–2005–22727; FMCSA– Qualification of Drivers; Exemption
2006–26653; FMCSA–2007–0017; The exemptions are extended subject Applications; Epilepsy and Seizure
FMCSA–2007–27897; FMCSA–2007– to the following conditions: (1) Each Disorders
29019; FMCSA–2009–0154; FMCSA– driver must undergo an annual physical
2009–0303; FMCSA–2011–0140; examination (a) by an ophthalmologist AGENCY: Federal Motor Carrier Safety
FMCSA–2011–0275; FMCSA–2011– or optometrist who attests that the Administration (FMCSA), DOT.
0298; FMCSA–2013–0028; FMCSA– vision in the better eye continues to ACTION: Notice of renewal of
2013–0029; FMCSA–2013–0165; meet the requirements in 49 CFR exemptions; request for comments.
FMCSA–2013–0166; FMCSA–2013– 391.41(b)(10), and (b) by a certified
0167; FMCSA–2013–0168; FMCSA– Medical Examiner, as defined by 49 CFR SUMMARY: FMCSA announces its
2013–0169; FMCSA–2013–0170; 390.5, who attests that the driver is decision to renew exemptions for five
FMCSA–2014–0304; FMCSA–2015– otherwise physically qualified under 49 individuals from the requirement in the
0053; FMCSA–2015–0056; FMCSA– CFR 391.41; (2) each driver must Federal Motor Carrier Safety
2015–0070; FMCSA–2015–0071; provide a copy of the ophthalmologist’s Regulations (FMCSRs) that interstate
FMCSA–2015–0072; FMCSA–2015– or optometrist’s report to the Medical commercial motor vehicle (CMV)
0344. Their exemptions are applicable Examiner at the time of the annual drivers have ‘‘no established medical
as of February 9, 2018, and will expire medical examination; and (3) each history or clinical diagnosis of epilepsy
on February 9, 2020. driver must provide a copy of the or any other condition which is likely
As of February 12, 2018, and in annual medical certification to the to cause loss of consciousness or any
accordance with 49 U.S.C. 31136(e) and employer for retention in the driver’s loss of ability to control a CMV.’’ The
31315, the following six individuals qualification file or keep a copy of his/ exemptions enable these individuals
have satisfied the renewal conditions for her driver’s qualification if he/she is who have had one or more seizures and
obtaining an exemption from the vision self-employed. The driver must also are taking anti-seizure medication to
requirement in the FMCSRs for have a copy of the exemption when continue to operate CMVs in interstate
interstate CMV drivers (81 FR 1474; 81 driving, for presentation to a duly commerce.
FR 48493): authorized Federal, State, or local DATES: The exemptions were applicable
Charles H. Baim (PA) enforcement official. The exemption on December 23, 2017. The exemptions
Dana L. Colberg (OR) will be rescinded if: (1) The person fails expire on December 23, 2019.
Joseph T. Saba (MN) to comply with the terms and Comments must be received on or
LeRoy W. Scharkey (MN) conditions of the exemption; (2) the before March 19, 2018.
Walton W. Smith (VA) exemption has resulted in a lower level ADDRESSES: You may submit comments
Aaron D. Tillman (DE) of safety than was maintained before it bearing the Federal Docket Management
The drivers were included in docket was granted; or (3) continuation of the System (FDMS) Docket No. FMCSA–
number FMCSA–2015–0347. Their exemption would not be consistent with 2006–25854; FMCSA–2013–0108;
exemptions are applicable as of the goals and objectives of 49 U.S.C. FMCSA–2014–0382; using any of the
February 12, 2018, and will expire on 31136(e) and 31315. following methods:
sradovich on DSK3GMQ082PROD with NOTICES

February 12, 2020. V. Preemption • Federal eRulemaking Portal: Go to
As of February 22, 2018, and in http://www.regulations.gov. Follow the
accordance with 49 U.S.C. 31136(e) and During the period the exemption is in online instructions for submitting
31315, the following two individuals effect, no State shall enforce any law or comments.
have satisfied the renewal conditions for regulation that conflicts with this • Mail: Docket Management Facility;
obtaining an exemption from the vision exemption with respect to a person U.S. Department of Transportation, 1200
requirement in the FMCSRs for operating under the exemption. New Jersey Avenue SE, West Building

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6928 Federal Register / Vol. 83, No. 32 / Thursday, February 15, 2018 / Notices

Ground Floor, Room W12–140, exemption.’’ The statute also allows the Commercial Driver’s License
Washington, DC 20590–0001. Agency to renew exemptions at the end Information System (CDLIS) and the
• Hand Delivery: West Building of the five-year period. FMCSA grants Motor Carrier Management Information
Ground Floor, Room W12–140, 1200 exemptions from the FMCSRs for a two- System (MCMIS) are searched for crash
New Jersey Avenue SE, Washington, year period to align with the maximum and violation data. For non-CDL
DC, between 9 a.m. and 5 p.m., ET, duration of a driver’s medical holders, the Agency reviews the driving
Monday through Friday, except Federal certification. records from the State Driver’s
Holidays. The physical qualification standard Licensing Agency (SDLA). These factors
• Fax: 1–202–493–2251. for drivers regarding epilepsy found in provide an adequate basis for predicting
Instructions: Each submission must 49 CFR 391.41(b)(8) states that a person each driver’s ability to continue to
include the Agency name and the is physically qualified to drive a CMV safely operate a CMV in interstate
docket number(s) for this notice. Note if that person has no established commerce. Therefore, FMCSA
that all comments received will be medical history or clinical diagnosis of concludes that extending the exemption
posted without change to http:// epilepsy or any other condition which for each renewal applicant for a period
www.regulations.gov, including any is likely to cause the loss of of two years is likely to achieve a level
personal information provided. Please consciousness or any loss of ability to of safety equal to that existing without
see the Privacy Act heading below for control a CMV. the exemption.
further information. In addition to the regulations, FMCSA As of December 23, 2017, and in
Docket: For access to the docket to has published advisory criteria to assist accordance with 49 U.S.C. 31136(e) and
read background documents or Medical Examiners in determining 31315, the following five individuals
comments, go to http:// whether drivers with certain medical have satisfied the renewal conditions for
www.regulations.gov at any time or conditions are qualified to operate a obtaining an exemption from the
Room W12–140 on the ground level of CMV in interstate commerce. [49 CFR epilepsy and seizure disorders
the West Building, 1200 New Jersey part 391, APPENDIX A TO PART 391— prohibition in the FMCSRs for interstate
Avenue SE, Washington, DC, between 9 MEDICAL ADVISORY CRITERIA, CMV drivers:
a.m. and 5 p.m., ET, Monday through section H. Epilepsy: § 391.41(b)(8), Gary Freeman (AL)
Friday, except Federal holidays. The paragraphs 3, 4, and 5.] Aaron Gillette (SD)
FDMS is available 24 hours each day The five individuals listed in this David L. Kestner (VA)
ET, 365 days each year. If you want notice have requested renewal of their Chad B. Smith (MA)
acknowledgment that we received your exemptions from the epilepsy and Trever A. Williams (MN)
comments, please include a self- seizure disorders prohibition in 49 CFR The drivers were included in docket
addressed, stamped envelope or 391.41(b)(8), in accordance with numbers FMCSA–2006–25854;
postcard or print the acknowledgement FMCSA procedures. Accordingly, FMCSA–2013–0108; FMCSA–2014–
page that appears after submitting FMCSA has evaluated these 0382. Their exemptions are applicable
comments online. applications for renewal on their merits as of December 23, 2017, and will expire
Privacy Act: In accordance with 5 and decided to extend each exemption on December 23, 2019.
U.S.C. 553(c), DOT solicits comments for a renewable two-year period. IV. Conditions and Requirements
from the public to better inform its II. Request for Comments
rulemaking process. DOT posts these The exemptions are extended subject
Interested parties or organizations to the following conditions: (1) Each
comments, without edit, including any
possessing information that would driver must remain seizure-free and
personal information the commenter
otherwise show that any, or all, of these maintain a stable treatment during the
provides, to http://www.regulations.gov,
drivers are not currently achieving the two-year exemption period; (2) each
as described in the system of records
statutory level of safety should driver must submit annual reports from
notice (DOT/ALL–14 FDMS), which can
immediately notify FMCSA. The their treating physicians attesting to the
be reviewed at http://www.dot.gov/
Agency will evaluate any adverse stability of treatment and that the driver
privacy.
evidence submitted and, if safety is has remained seizure-free; (3) each
FOR FURTHER INFORMATION CONTACT: Ms. being compromised or if continuation of driver must undergo an annual medical
Christine A. Hydock, Chief, Medical the exemption would not be consistent examination by a certified Medical
Programs Division, 202–366–4001, with the goals and objectives of 49 Examiner, as defined by 49 CFR 390.5;
fmcsamedical@dot.gov, FMCSA, U.S.C. 31136(e) and 31315, FMCSA will and (4) each driver must provide a copy
Department of Transportation, 1200 take immediate steps to revoke the of the annual medical certification to
New Jersey Avenue SE, Room W64–224, exemption of a driver. the employer for retention in the
Washington, DC 20590–0001. Office driver’s qualification file, or keep a copy
hours are from 8:30 a.m. to 5 p.m., ET, III. Basis for Renewing Exemptions of his/her driver’s qualification file if
Monday through Friday, except Federal In accordance with 49 U.S.C. 31136(e) he/she is self-employed. The driver
holidays. If you have questions and 31315, each of the five applicants must also have a copy of the exemption
regarding viewing or submitting has satisfied the renewal conditions for when driving, for presentation to a duly
material to the docket, contact Docket obtaining an exemption from the authorized Federal, State, or local
Services, telephone (202) 366–9826. epilepsy and seizure disorders enforcement official. The exemption
SUPPLEMENTARY INFORMATION: prohibition. The five drivers in this will be rescinded if: (1) The person fails
notice remain in good standing with the to comply with the terms and
sradovich on DSK3GMQ082PROD with NOTICES

I. Background Agency, have maintained their medical conditions of the exemption; (2) the
Under 49 U.S.C. 31136(e) and 31315, monitoring and have not exhibited any exemption has resulted in a lower level
FMCSA may grant an exemption for five medical issues that would compromise of safety than was maintained before it
years if it finds ‘‘such exemption would their ability to safely operate a CMV was granted; or (3) continuation of the
likely achieve a level of safety that is during the previous two-year exemption exemption would not be consistent with
equivalent to or greater than the level period. In addition, for Commercial the goals and objectives of 49 U.S.C.
that would be achieved absent such Driver’s License (CDL) holders, the 31136(e) and 31315.

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Document Created: 2018-02-15 00:20:58
Document Modified: 2018-02-15 00:20:58

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
Action		Notice of renewal of exemptions; request for comments.
Dates		The exemptions were applicable on December 23, 2017. The exemptions expire on December 23, 2019. Comments must be received on or before March 19, 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 6927

83 FR 6927 - Qualification of Drivers; Exemption Applications; Epilepsy and Seizure Disorders

DEPARTMENT OF TRANSPORTATIONFederal Motor Carrier Safety Administration

Federal Register Volume 83, Issue 32 (February 15, 2018)

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration