Qualification of Drivers; Exemption Applications; Epilepsy and Seizure Disorders |
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Larry W. Minor
Federal Motor Carrier Safety Administration
12 January 2017
[Federal Register Volume 82, Number 8 (Thursday, January 12, 2017)]
[Notices]
[Pages 3842-3843]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-00518]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2013-0109; FMCSA-2013-0444]
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 of 10
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 was effective 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 February
13, 2017.
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.,
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-2013-0109; FMCSA-2013-0444
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.,
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., 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.
I. Background
Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption
for two 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 two-year period.
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 10 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
Under 49 U.S.C. 31315(b)(1), an exemption may be granted for no
longer than two years from its approval date and may be renewed upon
application. In accordance with 49 U.S.C. 31136(e) and 31315, each of
the 10 applicants has satisfied the conditions for obtaining an
exemption from the Epilepsy and Seizure Disorder requirements and was
published in the Federal Register (79
[[Page 3843]]
FR 23054, 79 FR 73400). 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.
The 10 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.
FMCSA has concluded that renewing the exemptions for each of these
applicants is likely to achieve a level of safety equal to that
existing without the exemption. Therefore, FMCSA has decided to renew
each exemption for a two-year period. In accordance with 49 U.S.C.
31136(e) and 31315, each driver has received a renewed exemption.
As of June 9, 2016, David Crowe (VA) has satisfied the renewal
conditions for obtaining an exemption from the Epilepsy and Seizure
Disorders prohibition in 49 CFR 391.41(b)(8) from driving CMVs in
interstate commerce (79 FR 23054). This driver was included in FMCSA-
2013-0109. The exemption was effective on June 9, 2016, and will expire
on June 9, 2018.
As of June 24, 2016, the following 9 individuals have satisfied the
renewal conditions for obtaining an exemption from the Epilepsy and
Seizure Disorders prohibition in 49 CFR 391.41(b)(8) from driving CMVs
in interstate commerce (79 FR 73400):
Travis Arend (VA)
Heath Crowe (LA)
Richard Degnan (AZ)
Peter DellaRocco (PA)
Domenick Panfie (NJ)
Scott Reaves (TX)
Milton Tatham (NV)
Thomas Tincher (VA)
Duane Troff (MN)
These drivers were included in FMCSA-2013-0444. The exemptions were
effective on June 24, 2016, and will expire on June 24, 2018.
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 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 10 exemption applications, FMCSA
renews the exemptions of the aforementioned drivers from the Epilepsy
and Seizure Disorders requirement 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: December 29, 2016.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2017-00518 Filed 1-11-17; 8:45 am]
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