83 FR 8568 - Qualification of Drivers; Exemption Applications; Epilepsy and Seizure Disorders

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration

Federal Register Volume 83, Issue 39 (February 27, 2018)

Page Range		8568-8569
FR Document		2018-03940

FMCSA announces its decision to renew exemptions for nine 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 39 (Tuesday, February 27, 2018)

[Federal Register Volume 83, Number 39 (Tuesday, February 27, 2018)]
[Notices]
[Pages 8568-8569]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-03940]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2012-0050; FMCSA-2015-0119; FMCSA-2015-0320]


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 nine 
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 January 21, 2018. The 
exemptions expire on January 21, 2020. Comments must be received on or 
before March 29, 2018.

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., 
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.

ADDRESSES: You may submit comments bearing the Federal Docket 
Management System (FDMS) Docket No. FMCSA-2012-0050; FMCSA-2015-0119; 
FMCSA-2015-0320; 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., 
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 E.T., 
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.

[[Page 8569]]

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 nine 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 nine 
applicants has satisfied the renewal conditions for obtaining an 
exemption from the epilepsy and seizure disorders prohibition. The nine 
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 January 21, 2018, and in accordance with 49 U.S.C. 31136(e) 
and 31315, the following nine individuals have satisfied the renewal 
conditions for obtaining an exemption from the epilepsy and seizure 
disorders prohibition in the FMCSRs for interstate CMV drivers:

Thomas A. De Angelo (IL)
Nathan L. Dermer (AK)
Daniel L. Halstead (NV)
Toriano T. Mitchell (OH)
Thomas A. Mitman (NY)
Diana J. Mugford (VT)
Tyler W. Schaefer (ME)
Alvin C. Strite (PA)
Thomas B. Vivirito (PA)

    The drivers were included in docket number FMCSA-2012-0050; FMCSA-
2015-0119; FMCSA-2015-0320. Their exemptions are applicable as of 
January 21, 2018, and will expire on January 21, 2020.

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.

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 nine 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. 2018-03940 Filed 2-26-18; 8:45 am]
 BILLING CODE 4910-EX-P

Federal Register / Vol. 83, No. 39 / Tuesday, February 27, 2018 / Notices 8569

I. Background notice remain in good standing with the must also have a copy of the exemption
Under 49 U.S.C. 31136(e) and 31315, Agency, have maintained their medical when driving, for presentation to a duly
FMCSA may grant an exemption for five monitoring and have not exhibited any authorized Federal, State, or local
years if it finds ‘‘such exemption would medical issues that would compromise enforcement official. The exemption
their ability to safely operate a CMV will be rescinded if: (1) The person fails
likely achieve a level of safety that is
during the previous two-year exemption to comply with the terms and
equivalent to or greater than the level
period. In addition, for Commercial conditions of the exemption; (2) the
that would be achieved absent such
Driver’s License (CDL) holders, the exemption has resulted in a lower level
exemption.’’ The statute also allows the
Commercial Driver’s License of safety than was maintained before it
Agency to renew exemptions at the end
Information System (CDLIS) and the was granted; or (3) continuation of the
of the five-year period. FMCSA grants
Motor Carrier Management Information exemption would not be consistent with
exemptions from the FMCSRs for a two-
System (MCMIS) are searched for crash the goals and objectives of 49 U.S.C.
year period to align with the maximum
and violation data. For non-CDL 31136(e) and 31315.
duration of a driver’s medical
certification. holders, the Agency reviews the driving V. Preemption
The physical qualification standard records from the State Driver’s
Licensing Agency (SDLA). These factors During the period the exemption is in
for drivers regarding epilepsy found in effect, no State shall enforce any law or
49 CFR 391.41(b)(8) states that a person provide an adequate basis for predicting
each driver’s ability to continue to regulation that conflicts with this
is physically qualified to drive a CMV exemption with respect to a person
if that person has no established safely operate a CMV in interstate
commerce. Therefore, FMCSA operating under the exemption.
medical history or clinical diagnosis of
epilepsy or any other condition which concludes that extending the exemption VI. Conclusion
is likely to cause the loss of for each renewal applicant for a period
Based upon its evaluation of the nine
consciousness or any loss of ability to of two years is likely to achieve a level
exemption applications, FMCSA renews
control a CMV. of safety equal to that existing without
the exemptions of the aforementioned
In addition to the regulations, FMCSA the exemption.
drivers from the epilepsy and seizure
has published advisory criteria to assist As of January 21, 2018, and in
disorders prohibition in 49 CFR 391.41
Medical Examiners in determining accordance with 49 U.S.C. 31136(e) and
(b)(8). In accordance with 49 U.S.C.
whether drivers with certain medical 31315, the following nine individuals
31136(e) and 31315, each exemption
conditions are qualified to operate a have satisfied the renewal conditions for
will be valid for two years unless
CMV in interstate commerce. [49 CFR obtaining an exemption from the
revoked earlier by FMCSA.
part 391, APPENDIX A TO PART 391— epilepsy and seizure disorders
prohibition in the FMCSRs for interstate Issued on: February 8, 2018.
MEDICAL ADVISORY CRITERIA,
CMV drivers: Larry W. Minor,
section H. Epilepsy: § 391.41(b)(8),
Thomas A. De Angelo (IL) Associate Administrator for Policy.
paragraphs 3, 4, and 5.]
The nine individuals listed in this Nathan L. Dermer (AK) [FR Doc. 2018–03940 Filed 2–26–18; 8:45 am]
notice have requested renewal of their Daniel L. Halstead (NV) BILLING CODE 4910–EX–P

exemptions from the epilepsy and Toriano T. Mitchell (OH)
seizure disorders prohibition in 49 CFR Thomas A. Mitman (NY)
Diana J. Mugford (VT) DEPARTMENT OF TRANSPORTATION
391.41(b)(8), in accordance with
FMCSA procedures. Accordingly, Tyler W. Schaefer (ME)
Alvin C. Strite (PA) Federal Motor Carrier Safety
FMCSA has evaluated these Administration
applications for renewal on their merits Thomas B. Vivirito (PA)
and decided to extend each exemption The drivers were included in docket [Docket No. FMCSA–2018–0090]
for a renewable two-year period. number FMCSA–2012–0050; FMCSA–
2015–0119; FMCSA–2015–0320. Their Parts and Accessories Necessary for
II. Request for Comments exemptions are applicable as of January Safe Operation; Application for an
Interested parties or organizations 21, 2018, and will expire on January 21, Exemption From the Automobile
possessing information that would 2020. Carriers Conference of the American
otherwise show that any, or all, of these Trucking Associations
IV. Conditions and Requirements
drivers are not currently achieving the AGENCY: Federal Motor Carrier Safety
statutory level of safety should The exemptions are extended subject Administration (FMCSA), DOT.
immediately notify FMCSA. The to the following conditions: (1) Each ACTION: Notice of application for
Agency will evaluate any adverse driver must remain seizure-free and exemption; request for comments.
evidence submitted and, if safety is maintain a stable treatment during the
being compromised or if continuation of two-year exemption period; (2) each SUMMARY: The Federal Motor Carrier
the exemption would not be consistent driver must submit annual reports from Safety Administration (FMCSA)
with the goals and objectives of 49 their treating physicians attesting to the requests public comment on an
U.S.C. 31136(e) and 31315, FMCSA will stability of treatment and that the driver application for exemption from the
take immediate steps to revoke the has remained seizure-free; (3) each Automobile Carriers Conference (ACC)
exemption of a driver. driver must undergo an annual medical of the American Trucking Associations
examination by a certified Medical (ATA) requesting that motor carriers
daltland on DSKBBV9HB2PROD with NOTICES

III. Basis for Renewing Exemptions Examiner, as defined by 49 CFR 390.5; operating stinger steered automobile
In accordance with 49 U.S.C. 31136(e) and (4) each driver must provide a copy transporter equipment be relieved from
and 31315, each of the nine applicants of the annual medical certification to the requirement to place warning flags
has satisfied the renewal conditions for the employer for retention in the on projecting loads of new motor
obtaining an exemption from the driver’s qualification file, or keep a copy vehicles. The Federal Motor Carrier
epilepsy and seizure disorders of his/her driver’s qualification file if Safety Regulations (FMCSRs) require
prohibition. The nine drivers in this he/she is self-employed. The driver any commercial motor vehicle (CMV)

VerDate Sep<11>2014 19:49 Feb 26, 2018 Jkt 244001 PO 00000 Frm 00152 Fmt 4703 Sfmt 4703 E:\FR\FM\27FEN1.SGM 27FEN1

Document Created: 2018-02-27 01:14:40
Document Modified: 2018-02-27 01:14:40

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 January 21, 2018. The exemptions expire on January 21, 2020. Comments must be received on or before March 29, 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., 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 8568

83 FR 8568 - Qualification of Drivers; Exemption Applications; Epilepsy and Seizure Disorders

DEPARTMENT OF TRANSPORTATIONFederal Motor Carrier Safety Administration

Federal Register Volume 83, Issue 39 (February 27, 2018)

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration