Qualification of Drivers; Exemption Applications; Epilepsy and Seizure Disorders

Larry W. Minor
Federal Motor Carrier Safety Administration
14 February 2018

[Federal Register Volume 83, Number 31 (Wednesday, February 14, 2018)]
[Notices]
[Pages 6729-6730]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-03058]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2011-0389; FMCSA-2012-0094; FMCSA-2013-0107; FMCSA-
2014-0381; FMCSA-2015-0116]


Qualification of Drivers; Exemption Applications; Epilepsy and 
Seizure Disorders

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

ACTION: Notice of final disposition.

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SUMMARY: FMCSA announces its decision to renew exemptions for six 
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 November 6, 2017. The 
exemptions expire on November 6, 2019.

FOR FURTHER INFORMATION CONTACT: Ms. Christine A. Hydock, Chief, 
Medical Programs Division, (202) 366-4001, fmcsamedical@dot.gov, FMCSA,

[[Page 6730]]

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 December 13, 2017, FMCSA published a notice announcing its 
decision to renew exemptions for six individuals from the epilepsy and 
seizure disorders prohibition in 49 CFR 391.41(b)(8) to operate a CMV 
in interstate commerce and requested comments from the public (82 FR 
58681). The public comment period ended on January 12, 2018 and one 
comment was received.
    As stated in the previous notice, FMCSA has evaluated the 
eligibility of these applicants and determined that renewing these 
exemptions 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 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.]

III. Discussion of Comments

    FMCSA received one comment in this proceeding. The author wrote 
that exemptions to driving qualification tests should not be granted 
and that drivers should prove their ability to drive despite medical 
conditions. FMCSA interprets this comment as referring to necessity of 
drivers being required to demonstrate their ability to safely operate a 
commercial motor vehicle despite not meeting the physical qualification 
standards. The Agency only issues exemptions if the driver is likely to 
achieve a level of highway safety that is equivalent to, or granter 
than, the level if none were granted. Additionally, interstate 
commercial motor vehicle drivers who are granted medical exemptions 
must undergo the same driver qualification process as other interstate 
commercial motor vehicle operators.

IV. Conclusion

    Based upon its evaluation of the six renewal exemption applications 
and the comment received, FMCSA announces its' decision to exempt the 
following drivers from the epilepsy and seizure disorders prohibition 
in 49 CFR 391.41 (b)(8):
    As of November 6, 2017, and in accordance with 49 U.S.C. 31136(e) 
and 31315, the following six individuals have satisfied the renewal 
conditions for obtaining an exemption from the epilepsy and seizure 
disorders prohibition in the FMCSRs for interstate CMV drivers. (82 FR 
58681):
Christopher Bird, (OH)
Ronald Bohr, (IA)
Michael Breitbach, (IA)
William H. Brown, (NC)
Joseph D'Angelo, (NY)
Stephen Stawinsky, (PA)
    The drivers were included in docket number FMCSA-2011-0389; FMCSA-
2012-0094; FMCSA-2013-0107; FMCSA-2014-0381; FMCSA-2015-0116. Their 
exemptions are applicable as of November 6, 2017, and will expire on 
November 6, 2019.
    In accordance with 49 U.S.C. 31315, each exemption will be valid 
for two years from the effective date unless revoked earlier by FMCSA. 
The exemption will be revoked if the following occurs: (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 
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: February 7, 2018.
Larry W. Minor,
Associate Administrator for Policy .
[FR Doc. 2018-03058 Filed 2-13-18; 8:45 am]
 BILLING CODE 4910-EX-P