Qualification of Drivers; Exemption Application; Narcolepsy

Larry W. Minor
Federal Motor Carrier Safety Administration
27 November 2018

[Federal Register Volume 83, Number 228 (Tuesday, November 27, 2018)]
[Notices]
[Pages 60953-60954]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-25848]


-----------------------------------------------------------------------

 DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2018-0320]


Qualification of Drivers; Exemption Application; Narcolepsy

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

ACTION: Notice of application for exemption; request for comments.

-----------------------------------------------------------------------

SUMMARY: FMCSA announces receipt of an application from Mr. Terry L. 
Curtner for an exemption from the prohibition in the Federal Motor 
Carrier Safety Regulations (FMCSRs) against operation of a commercial 
motor vehicle (CMV) in interstate commerce by persons with either a 
clinical diagnosis of epilepsy or any other condition that is likely to 
cause a loss of consciousness or any loss of ability to control a CMV, 
or a mental, nervous, organic, or functional disease or psychiatric 
disorder likely to interfere with his/her ability to drive a CMV 
safely. If granted, the exemption would enable Mr. Curtner who has been 
diagnosed with narcolepsy and is receiving medical treatment to operate 
CMVs in interstate commerce.

DATES: Comments must be received on or before December 27, 2018.

ADDRESSES: You may submit comments identified by the Federal Docket 
Management System (FDMS) Docket ID FMCSA-2018-0320 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., 
ET, Monday through Friday, except Federal Holidays.
     Fax: 1-202-493-2251.
    To avoid duplication, please use only one of these four methods. 
See the ``Public-Participation'' portion of the SUPPLEMENTARY 
INFORMATION section for instructions on submitting comments.

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: 

[[Page 60954]]

I. Public Participation

A. Submitting Comments

    If you submit a comment, please include the docket number for this 
notice (Docket No. FMCSA-2018-0320), indicate the specific section of 
this document to which each comment applies, and provide a reason for 
each suggestion or recommendation. You may submit your comments and 
material online or by fax, mail, or hand delivery, but please use only 
one of these means. FMCSA recommends that you include your name and a 
mailing address, an email address, or a phone number in the body of 
your document so that FMCSA can contact you if there are questions 
regarding your submission.
    To submit your comment online, go to http://www.regulations.gov, 
put the docket number, FMCSA-2018-0320, in the keyword box, and click 
``Search.'' When the new screen appears, click on the ``Comment Now!'' 
button and type your comment into the text box on the following screen. 
Choose whether you are submitting your comment as an individual or on 
behalf of a third party and then submit.
    If you submit your comments by mail or hand delivery, submit them 
in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for 
copying and electronic filing. If you submit comments by mail and would 
like to know that they reached the facility, please enclose a stamped, 
self-addressed postcard or envelope.
    FMCSA will consider all comments and material received during the 
comment period.

B. Viewing Documents and Comments

    To view comments, as well as any documents mentioned in this notice 
as being available in the docket, go to http://www.regulations.gov. 
Insert the docket number, FMCSA-2018-0320, in the keyword box, and 
click ``Search.'' Next, click the ``Open Docket Folder'' button and 
choose the document to review. If you do not have access to the 
internet, you may view the docket online by visiting the Docket 
Management Facility in Room W12-140 on the ground floor of the DOT West 
Building, 1200 New Jersey Avenue SE, Washington, DC 20590, between 9 
a.m. and 5 p.m., ET, Monday through Friday, except Federal holidays.

C. 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 www.regulations.gov, as described in the system 
of records notice (DOT/ALL-14 FDMS), which can be reviewed at 
www.dot.gov/privacy.

II. Background

    Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption 
from the FMCSRs for a five-year period 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 individual listed in this notice has requested an exemption 
from 49 CFR 391.41(b)(8) and (9). Accordingly, the Agency will evaluate 
the qualifications of the applicant to determine whether granting the 
exemption will achieve the required level of safety mandated by 
statute.
    The physical qualification standard for drivers 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 
loss of consciousness or any loss of ability to control a commercial 
motor vehicle.
    The physical qualification standard for drivers found in 49 CFR 
391.41(b)(9) states that a person is physically qualified to drive a 
CMV if that person has no mental, nervous, organic, or functional 
disease or psychiatric disorder likely to interfere with his/her 
ability to drive a commercial motor vehicle safely.
    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.]
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

    The advisory criteria states that if an individual has had a sudden 
episode of a non-epileptic seizure or loss of consciousness of unknown 
cause that did not require anti-seizure medication, the decision 
whether that person's condition is likely to cause the loss of 
consciousness or loss of ability to control a CMV should be made on an 
individual basis by the Medical Examiner in consultation with the 
treating physician. The advisory criteria also states that a variety of 
functional disorders can cause drowsiness, dizziness, confusion, 
weakness or paralysis that may lead to incoordination, inattention, 
loss of functional control and susceptibility to accidents while 
driving.
    In those individual cases where a driver had a seizure or an 
episode of loss of consciousness that resulted from a known medical 
condition (e.g., drug reaction, high temperature, acute infectious 
disease, dehydration, or acute metabolic disturbance), certification 
should be deferred until the driver has fully recovered from that 
condition, has no existing residual complications, and is not taking 
anti-seizure medication.

III. Qualifications of Applicants

Terry L. Curtner

    Mr. Curtner, is a commercial driver in Illinois. A letter dated 
August 10, 2018, from Mr. Curtner's neurologist reports that at his 
last July 31, 2018, follow-up evaluation, he was stable on a moderate 
daily dose of Nuvigil, and has not had any narcoleptic attacks or 
cataplexy in over 20 years.

IV. Request for Comments

    In accordance with 49 U.S.C. 31136(e) and 31315, FMCSA requests 
public comment from all interested persons on the exemption petitions 
described in this notice. We will consider all comments received before 
the close of business on the closing date indicated in the dates 
section of the notice.

    Issued on: November 20, 2018.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2018-25848 Filed 11-26-18; 8:45 am]
 BILLING CODE 4910-EX-P