[Federal Register Volume 84, Number 170 (Tuesday, September 3, 2019)]
[Notices]
[Pages 46086-46088]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-18964]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[FMCSA Docket No. FMCSA-2019-0029]
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 exempt 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
[[Page 46087]]
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 applicable on June 18, 2019. The exemptions
expire on June 18, 2021.
FOR FURTHER INFORMATION CONTACT: Ms. Christine A. Hydock, Chief,
Medical Programs Division, (202) 366-4001, [email protected], 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, (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/docket?D=FMCSA-2019-0029 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.
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 May 9, 2019, FMCSA published a notice announcing receipt of
applications from six individuals requesting an exemption from the
epilepsy and seizure disorders prohibition in 49 CFR 391.41(b)(8) and
requested comments from the public (84 FR 20464.) The public comment
period ended on June 10, 2019, and one comments was 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 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 (MEs) 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 one comment in this proceeding. The commenter
expressed his concerns that drivers with a history of seizure disorders
may have additional episodes of loss of consciousness. In response to
this comment, prior to deciding to grant these exemptions, FMCSA
considered each driver's health history and driving records to
determine that these drivers can operate a CMV at a level of safety
that meets or exceeds that of other drivers.
IV. Basis for Exemption Determination
Under 49 U.S.C. 31136(e) and 31315(b), FMCSA may grant an exemption
from the FMCSRs for no longer than a 5-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 5-year period. FMCSA grants medical exemptions from the
FMCSRs for a 2-year period to align with the maximum duration of a
driver's medical certification.
The Agency's decision regarding these exemption applications is
based on the 2007 recommendations of the Agency's Medical Expert Panel
(MEP). The Agency conducted 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 for commercial
driver's license (CDL) holders, and interstate and intrastate
inspections recorded in the Motor Carrier Management Information
System. For non-CDL holders, the Agency reviewed the driving records
from the State Driver's Licensing Agency (SDLA). A summary of each
applicant's seizure history was discussed in the May 9, 2019, Federal
Register notice (84 FR 20464) and will not be repeated in this notice.
These six applicants have been seizure-free over a range of 15
years while taking anti-seizure medication and maintained a stable
medication treatment regimen for the last 2 years. In each case, the
applicant's treating physician verified his or her seizure history and
supports the ability to drive commercially.
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 and seizure disorder prohibition in Sec.
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 2-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 ME, as
defined by Sec. 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
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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 six exemption applications, FMCSA
exempts the following drivers from the epilepsy and seizure disorder
prohibition, Sec. 391.41(b)(8), subject to the requirements cited
above:
Gary Bartels (SD)
Charles Davenport (TN)
Alan Finlayson (AL)
Gregory Long (CT)
John McFarland (VA)
Scott Schelske (SD)
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 and objectives of 49 U.S.C. 31136(e) and
31315(b).
Issued on: August 21, 2019.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2019-18964 Filed 8-30-19; 8:45 am]
BILLING CODE 4910-EX-P