Qualification of Drivers; Exemption Applications; Epilepsy and Seizure Disorders |
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Larry W. Minor
Federal Motor Carrier Safety Administration
23 May 2017
[Federal Register Volume 82, Number 98 (Tuesday, May 23, 2017)]
[Notices]
[Pages 23707-23709]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-10560]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[FMCSA Docket No. FMCSA-2016-0315]
Qualification of Drivers; Exemption Applications; Epilepsy and
Seizure Disorders
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.
[[Page 23708]]
ACTION: Notice of final disposition.
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SUMMARY: FMCSA announces its decision to exempt eight 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 operate CMVs in interstate commerce.
DATES: The exemptions were effective on May 5, 2017. The exemptions
expire on May 5, 2019.
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.
SUPPLEMENTARY INFORMATION:
I. Electronic Access
You may see all the comments online through the Federal Document
Management System (FDMS) at: http://www.regulations.gov.
Docket: For access to the docket to read background documents or
comments, go to http://www.regulations.gov and/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.
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.
II. Background
On March 16, 2017, FMCSA published a notice announcing receipt of
applications from eight individuals requesting an exemption from the
epilepsy prohibition in 49 CFR 391.41(b)(8) and requested comments from
the public (82 FR 14104). The public comment period ended on April 17,
2017 and three comments were received.
FMCSA has evaluated the eligibility of these applicants and
determined that granting exemptions to these individuals would achieve
a level of safety equivalent to or greater than the level that would be
achieved by complying with the current regulation 49 CFR 391.41(b)(8).
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.gpo.gov/fdsys/pkg/CFR-2015-title49-vol5/pdf/CFR-2015-title49-vol5-part391-appA.pdf.
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III. Discussion of Comments
FMCSA receive three comments in this proceeding. Two commenters
provided support for granting these seizure exemptions. While a third
anonymous commenter expressed concern for granting exemptions to
individuals that have disorders which can result in unsafe driving.
FMCSA evaluated the medical records of all eight applicants and
determined that granting these exemptions would achieve an equivalent
or greater level of safety than would be achieved without the
exemption.
IV. Basis for Exemption Determination
Under 49 U.S.C. 31136(e) and 31315(b), FMCSA may grant an exemption
from the epilepsy/seizure standard in 49 CFR 391.41(b)(8) if the
exemption is likely to achieve an equivalent or greater level of safety
than would be achieved without the exemption. The exemption allows the
applicants to operate CMVs in interstate commerce.
In reaching the decision to grant these exemption requests, FMCSA
considered the 2007 recommendations of the Agency's Medical Expert
Panel (MEP). The January 15, 2013, Federal Register notice (78 FR 3069)
provides the current MEP recommendations which is the criteria the
Agency uses to grant seizure exemptions.
The Agency's decision regarding these exemption applications is
based on an individualized assessment of each applicant's medical
information, including the root cause of the respective seizure(s) and
medical information about the applicant's seizure history, the length
of time that has elapsed since the individual's last seizure, the
stability of each individual's treatment regimen and the duration of
time on or off of anti-seizure medication. In addition, the Agency
reviewed the treating clinician's medical opinion related to the
ability of the driver to safely operate a CMV with a history of seizure
and each applicant's driving record found in the Commercial Driver's
License Information System (CDLIS) for commercial driver's license
(CDL) holders, and interstate and intrastate inspections recorded in
the Motor Carrier Management Information System (MCMIS). For non-CDL
holders, the Agency reviewed the driving records from the State
Driver's Licensing Agency (SDLA).
These eight applicants have been seizure-free over a range of 9 to
18 years while taking anti-seizure medication and maintained a stable
medication treatment regimen for the last two years. In each case, the
applicant's treating physician verified his or her seizure history and
supports the ability to drive commercially.
A summary of each applicant's seizure history was discussed in the
March 16, 2017 Federal Register notice and will not be repeated in this
notice.
The Agency acknowledges the potential consequences of a driver
experiencing a seizure while operating a CMV. However, the Agency
believes the drivers granted this exemption have demonstrated that they
are unlikely to have a seizure and their medical condition does not
pose a risk to public safety.
Consequently, FMCSA finds that in each case exempting these
applicants from the epilepsy/seizure standard in 49 CFR 391.41(b)(8) is
likely to achieve a level of safety equal to that existing without the
exemption.
V. Conditions and Requirements
The terms and conditions of the exemption are provided to the
applicants in the exemption document and includes the following: (1)
Each driver must remain seizure-free and maintain a stable treatment
during the
[[Page 23709]]
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.
VI. 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.
VII. Conclusion
Based upon its evaluation of the eight exemption applications,
FMCSA exempts the following drivers from the epilepsy/seizure standard,
49 CFR 391.41(b)(8), subject to the requirements cited above:
Brian Justin Brown (PA)
Adam Cutler (ME)
Rick L. Gardener (WI)
Nathan J. Hanson (WI)
Larry Henington (UT)
Jason Speakman (IN)
Robert Lee Sprouse Jr. (VA)
Aaron M. Witt (NE)
In accordance with 49 U.S.C. 31315(b)(1), each exemption is valid
for two years unless revoked earlier by FMCSA. The exemption will be
revoked if the following occurs: (1) The individual 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 prior to being
granted; or (3) continuation of the exemption would not be consistent
with the goals and objectives of 49 U.S.C. 31136 and 31315.
Issued on: May 17, 2017.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2017-10560 Filed 5-22-17; 8:45 am]
BILLING CODE 4910-EX-P