[Federal Register Volume 86, Number 74 (Tuesday, April 20, 2021)]
[Notices]
[Pages 20593-20594]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-08066]



[[Page 20593]]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[FMCSA Docket No. FMCSA-2020-0053]


Qualification of Drivers; Exemption Applications; Epilepsy and 
Seizure Disorders

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

ACTION: Notice of final disposition.

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SUMMARY: FMCSA announces its decision to exempt seven 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 are applicable on April 2, 2021. The exemptions 
expire on April 2, 2023.

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 Dockets Operations, (202) 366-9826.

SUPPLEMENTARY INFORMATION:

I. Public Participation

A. Viewing Comments

    To view comments go to www.regulations.gov. Insert the docket 
number, FMCSA-2020-0053, in the keyword box, and click ``Search.'' 
Next, sort the results by ``Posted (Newer-Older),'' choose the first 
notice listed, and click ``Browse Comments.'' If you do not have access 
to the internet, you may view the docket online by visiting Dockets 
Operations in Room W12-140 on the ground floor of the DOT West 
Building, 1200 New Jersey Avenue SE, Washington, DC 20590-0001, between 
9 a.m. and 5 p.m., ET, Monday through Friday, except Federal holidays. 
To be sure someone is there to help you, please call (202) 366-9317 or 
(202) 366-9826 before visiting Dockets Operations.

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.transportation.gov/privacy.

II. Background

    On February 23, 2021, FMCSA published a notice announcing receipt 
of applications from seven individuals requesting an exemption from the 
epilepsy and seizure disorders prohibition in 49 CFR 391.41(b)(8) and 
requested comments from the public (86 FR 11044). The public comment 
period ended on March 25, 2021, and 19 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 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 19 comments in this proceeding, one of which was a 
duplicate. Most of the comments received were either for or against the 
issuance of exemptions from the epilepsy and seizure disorders 
prohibition and not in response to the exemption requests from the 
specific seven applicants for which the Agency requested comments. 
There were nine comments in support of issuing exemptions from the 
epilepsy and seizure disorders prohibition. There were eight comments 
against the issuance of exemptions from the epilepsy and seizure 
disorders prohibition. The commenters that were against stated it would 
be a safety risk and danger to everyone on the road to allow these 
individuals to drive. Several pointed out that a seizure can occur 
unexpectedly while driving, causing a loss of consciousness, even if 
the individual is taking their medication as prescribed. In addition, 
there was one comment that specifically addressed the seven applicants 
and was only in support of an exemption being granted to Thomas A. Marx 
because his last seizure was more than 20 years ago. The commenter 
suggested that another 5-year waiting period be applied to the other 
six applicants. The commenter stated that at least 15 years of no 
recorded seizures or complications with epilepsy should be noted before 
allowing these individuals to operate a CMV. As stated in the February 
23, 2021, notice, to be considered for an exemption from the epilepsy 
and seizure disorders prohibition in Sec.  391.41(b)(8), applicants 
must meet the criteria in the 2007 recommendations of the Agency's 
Medical Expert Panel (78 FR 3069). These recommendations state that 
drivers who have a history of epilepsy/seizures, off anti-seizure 
medication and seizure-free for 10 years, may be qualified to operate a 
CMV in interstate commerce. The Agency also 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. Based on this information and the criteria in the 2007 
recommendations of the Agency's Medical Expert Panel (78 FR 3069), the 
Agency believes the drivers in this notice have demonstrated that they 
are unlikely to have a seizure and their medical condition does not 
pose a risk to public safety.

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

[[Page 20594]]

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. 
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. A summary of each applicant's seizure history was 
discussed in the February 23, 2021, Federal Register notice (FR 86 
11044) and will not be repeated in this notice.
    These seven applicants have been seizure-free over a range of 9 to 
26 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 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 seven 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:

Sayed K. Abbed (IL)
Devante Carter (IL)
David R. Frantz (PA)
Brian P. Klein (IN)
Thomas A. Marx (WA)
Jeffrey Smith, Jr. (FL)
Eric R. Smits (WI)

    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).

Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2021-08066 Filed 4-19-21; 8:45 am]
BILLING CODE 4910-EX-P