Qualification of Drivers; Exemption Applications; Epilepsy and Seizure Disorders

Larry W. Minor
Federal Motor Carrier Safety Administration
4 December 2019

[Federal Register Volume 84, Number 233 (Wednesday, December 4, 2019)]
[Notices]
[Pages 66441-66442]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-26189]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2008-0355; FMCSA-2012-0050; FMCSA-2013-0106; FMCSA-
2014-0214; FMCSA-2014-0381; FMCSA-2015-0115; FMCSA-2015-0117; FMCSA-
2017-0180]


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 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 were applicable on the dates 
stated in the discussions below and will expire on the dates provided 
below.

[[Page 66442]]


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 Operations, (202) 366-9826.

SUPPLEMENTARY INFORMATION: 

I. Public Participation

A. 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-2008-0355; FMCSA-2012-0050; FMCSA-2013-
0106; FMCSA-2014-0214; FMCSA-2014-0381; FMCSA-2015-0115; FMCSA-2015-
0117; FMCSA-2017-0180, 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 Docket Operations 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.

B. 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

    On October 1, 2019, FMCSA published a notice announcing its 
decision to renew exemptions for 10 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 (84 FR 
52157). The public comment period ended on October 31, 2019, and no 
comments were received.
    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 Sec.  391.41(b)(8).
    The physical qualification standard for drivers regarding epilepsy 
found in Sec.  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.
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    \1\ These criteria may be found in APPENDIX A TO PART 391--
MEDICAL ADVISORY CRITERIA, section H. Epilepsy: Sec.  391.41(b)(8), 
paragraphs 3, 4, and 5, which is available on the internet at 
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 received no comments in this proceeding.

IV. Conclusion

    Based on its evaluation of the 10 renewal exemption applications, 
FMCSA announces its decision to exempt the following drivers from the 
epilepsy and seizure disorders prohibition in Sec.  391.41(b)(8).
    As of September 2, 2019, and in accordance with 49 U.S.C. 31136(e) 
and 31315(b), Daniel Maben (MI) has satisfied the renewal conditions 
for obtaining an exemption from the epilepsy and seizure disorders 
prohibition in the FMCSRs for interstate CMV drivers (84 FR 52157).
    This driver was included in docket number FMCSA-2017-0180. The 
exemption is applicable as of September 2, 2019, and will expire on 
September 2, 2021.
    As of September 12, 2019, and in accordance with 49 U.S.C. 31136(e) 
and 31315(b), 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 (84 FR 
52157):

Ronald Boogay (NJ)
Todd W. Brock (CO)
Jason Kirkham (WI)
Ivan M. Martin (PA)
Charles A. McCarthy, III (MA)
Douglas S. Slagel (OH)
Cory R. Wagner (IL)
Timothy M. Zahratka (MN)

    The drivers were included in docket number FMCSA-2008-0355; FMCSA-
2012-0050; FMCSA-2013-0106; FMCSA-2014-0214; FMCSA-2014-0381; FMCSA-
2015-0115; FMCSA-2015-0117. Their exemptions are applicable as of 
September 12, 2019, and will expire on September 12, 2021.
    In accordance with 49 U.S.C. 31315(b), each exemption will be valid 
for 2 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.

    Issued on: November 26, 2019.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2019-26189 Filed 12-3-19; 8:45 am]
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