Qualification of Drivers; Exemption Applications; Epilepsy and Seizure Disorders, 34664-34666 [2018-15577]
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34664
Federal Register / Vol. 83, No. 140 / Friday, July 20, 2018 / Notices
Nenad Harnos (NJ)
Matthew D. Hormann (MN)
James W. Jones (AL)
Duane R. Martin (PA)
Roger S. Orr (IA)
Richard D. Shryock (MO)
Steven D. Sodders (OH)
Keith R. Tyler (NC)
The drivers were included in docket
number FMCSA–2016–0014. Their
exemptions are applicable as of August
12, 2018, and will expire on August 12,
2020.
As of August 18, 2018, and in
accordance with 49 U.S.C. 31136(e) and
31315, the following 22 individuals
have satisfied the renewal conditions for
obtaining an exemption from the vision
requirement in the FMCSRs for
interstate CMV drivers (71 FR 14567; 71
FR 30228; 73 FR 28187; 73 FR 35195;
73 FR 35196; 73 FR 35197; 73 FR 35198;
73 FR 35199; 73 FR 35200; 73 FR 35201;
73 FR 38498; 73 FR 38499; 73 FR 48273;
73 FR 48275; 75 FR 25919; 75 FR 39729;
75 FR 44051; 77 FR 46153; 79 FR 46153;
81 FR 90050):
Donald L. Carman (OH)
Christopher R. Cone (GA)
Walter O. Connelly (WA)
Roger D. Elders (MI)
Lucious J. Erwin (TX)
Riche Ford (CO)
Kevin K. Friedel (NY)
Steven G. Harter (OR)
Andrew C. Kelly (WV)
Jason W. King (MT)
Billy J. Lewis (LA)
Robert W. McMillian (MA)
Richard A. Peterson (OR)
Carroll G. Quisenberry (KY)
Ryan J. Reimann (WI)
Brandon J. See (IA)
Ricky L. Shepler (PA)
John L. Stone (PA)
Nils S. Thornberg (OR)
Daniel W. Toppings (WV)
Christopher R. Whitson (NC)
Aaron E. Wright (MI)
The drivers were included in docket
numbers FMCSA–2006–24015;
FMCSA–2008–0106; FMCSA–2008–
0174; FMCSA–2010–0082. Their
exemptions are applicable as of August
18, 2018, and will expire on August 18,
2020.
As of August 19, 2018, and in
accordance with 49 U.S.C. 31136(e) and
31315, the following two individuals
have satisfied the renewal conditions for
obtaining an exemption from the vision
requirement in the FMCSRs for
interstate CMV drivers (79 FR 41737; 79
FR 56102; 81 FR 90050): Leamon V.
Manchester (LA); Leverne F. Schulte, Jr.
(OH)
The drivers were included in docket
number FMCSA–2014–0008. Their
VerDate Sep<11>2014
18:06 Jul 19, 2018
Jkt 244001
exemptions are applicable as of August
19, 2018, and will expire on August 19,
2020.
As of August 27, 2018, and in
accordance with 49 U.S.C. 31136(e) and
31315, Gregory S. Smith (AR) has
satisfied the renewal conditions for
obtaining an exemption from the vision
requirement in the FMCSRs for
interstate CMV drivers (77 FR 38381; 77
FR 51846; 79 FR 41740; 81 FR 90050).
The driver was included in docket
number FMCSA–2012–0160. The
exemption is applicable as of August 27,
2018, and will expire on August 27,
2020.
As of August 29, 2018, and in
accordance with 49 U.S.C. 31136(e) and
31315, Rickey W. Goins (TN) has
satisfied the renewal conditions for
obtaining an exemption from the vision
requirement in the FMCSRs for
interstate CMV drivers (77 FR 41879; 77
FR 52391; 79 FR 41735; 81 FR 90050).
The driver was included in docket
number FMCSA–2012–0161. The
exemption is applicable as of August 29,
2018, and will expire on August 29,
2020.
IV. Conditions and Requirements
The exemptions are extended subject
to the following conditions: (1) Each
driver must undergo an annual physical
examination (a) by an ophthalmologist
or optometrist who attests that the
vision in the better eye continues to
meet the requirements in 49 CFR
391.41(b)(10), and (b) by a certified
Medical Examiner, as defined by 49 CFR
390.5, who attests that the driver is
otherwise physically qualified under 49
CFR 391.41; (2) each driver must
provide a copy of the ophthalmologist’s
or optometrist’s report to the Medical
Examiner at the time of the annual
medical examination; and (3) 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 if he/her 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. The exemption
will be rescinded if: (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 before it
was 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.
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Frm 00129
Fmt 4703
Sfmt 4703
V. 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.
VI. Conclusion
Based upon its evaluation of the 100
exemption applications, FMCSA renews
the exemptions of the aforementioned
drivers from the vision requirement in
49 CFR 391.41(b)(10), subject to the
requirements cited above. In accordance
with 49 U.S.C. 31136(e) and 31315, each
exemption will be valid for two years
unless revoked earlier by FMCSA.
Issued on: July 12, 2018.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2018–15554 Filed 7–19–18; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[FMCSA Docket No. FMCSA–2018–0051]
Qualification of Drivers; Exemption
Applications; Epilepsy and Seizure
Disorders
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Notice of final disposition.
AGENCY:
FMCSA announces its
decision to exempt eight 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 antiseizure medication to operate CMVs in
interstate commerce.
DATES: The exemptions were applicable
on May 30, 2018. The exemptions
expire on May 30, 2020.
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., e.t.,
Monday through Friday, except Federal
holidays. If you have questions
regarding viewing or submitting
SUMMARY:
E:\FR\FM\20JYN1.SGM
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Federal Register / Vol. 83, No. 140 / Friday, July 20, 2018 / Notices
material to the docket, contact Docket
Services, telephone (202) 366–9826.
SUPPLEMENTARY INFORMATION:
daltland on DSKBBV9HB2PROD with NOTICES
I. Electronic Access
You may see all the comments online
through the Federal Document
Management System (FDMS) at: https://
www.regulations.gov.
Docket: For access to the docket to
read background documents or
comments, go to https://
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 https://www.regulations.gov,
as described in the system of records
notice (DOT/ALL–14 FDMS), which can
be reviewed at https://www.dot.gov/
privacy.
II. Background
On April 24, 2018, FMCSA published
a notice announcing receipt of
applications from eight individuals
requesting an exemption from the
epilepsy and seizure disorders
prohibition in 49 CFR 391.41(b)(8) and
requested comments from the public (83
FR 17879). The public comment period
ended on May 24, 2018, and no
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 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 1 to
assist medical examiners in determining
whether drivers with certain medical
1 See https://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-2015title49-vol5/pdf/CFR-2015-title49-vol5-part391appA.pdf.
VerDate Sep<11>2014
18:06 Jul 19, 2018
Jkt 244001
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: § 391.41(b)(8),
paragraphs 3, 4, and 5.]
III. Discussion of Comments
FMCSA received no comments in this
proceeding.
IV. Basis for Exemption Determination
Under 49 U.S.C. 31136(e) and
31315(b), FMCSA may grant an
exemption from the epilepsy and
seizure disorder prohibition in 49 CFR
391.41(b)(8) if the exemption is likely to
achieve an equivalent or greater level of
safety than would be achieved without
the exemption. The exemption allows
the applicants to operate CMVs in
interstate commerce.
In reaching the decision to grant these
exemption requests, FMCSA considered
the 2007 recommendations of the
Agency’s Medical Expert Panel (MEP).
The January 15, 2013, Federal Register
notice (78 FR 3069) provides the current
MEP recommendations which is the
criteria the Agency uses to grant seizure
exemptions.
The Agency’s decision regarding these
exemption applications is based on 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
(CDLIS) for commercial driver’s license
(CDL) holders, and interstate and
intrastate inspections recorded in the
Motor Carrier Management Information
System (MCMIS). 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 April 24, 2018 Federal
Register notice (83 FR 17879) and will
not be repeated in this notice.
These eight applicants have been
seizure-free over a range of 23 years
while taking anti-seizure medication
and maintained a stable medication
treatment regimen for the last two years.
In each case, the applicant’s treating
physician verified his or her seizure
PO 00000
Frm 00130
Fmt 4703
Sfmt 4703
34665
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 49 CFR 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
two-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 Medical
Examiner, as defined by 49 CFR 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 eight
exemption applications, FMCSA
exempts the following drivers from the
epilepsy and seizure disorder
prohibition, 49 CFR 391.41(b)(8), subject
to the requirements cited above:
Steven H. Ford (WI)
Scott Habeck (SD)
Nathan E. Kanouff (GA)
Richard L. Kienel, Jr. (GA)
Joe L. King, Jr. (NC)
Daniel L. Martin (IA)
Phillip Moore (CT)
Joshua Thomas (MN)
In accordance with 49 U.S.C.
31315(b)(1), each exemption will be
valid for two years from the effective
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Federal Register / Vol. 83, No. 140 / Friday, July 20, 2018 / Notices
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: July 13, 2018.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2018–15577 Filed 7–19–18; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[FMCSA Docket No. FMCSA–2018–0029]
Qualification of Drivers; Exemption
Applications; Diabetes Mellitus
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Notice of final disposition.
AGENCY:
FMCSA announces its
decision to exempt 37 individuals from
the prohibition in the Federal Motor
Carrier Safety Regulations (FMCSRs)
against persons with insulin-treated
diabetes mellitus (ITDM) from operating
a commercial motor vehicle (CMV) in
interstate commerce. The exemptions
enable these individuals with ITDM to
operate CMVs in interstate commerce.
DATES: The exemptions were applicable
on June 29, 2018. The exemptions
expire on June 29, 2020.
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., 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:
daltland on DSKBBV9HB2PROD with NOTICES
SUMMARY:
I. Electronic Access
You may see all the comments online
through the Federal Document
Management System (FDMS) at: https://
www.regulations.gov.
Docket: For access to the docket to
read background documents or
comments, go to https://
www.regulations.gov and/or Room
VerDate Sep<11>2014
18:06 Jul 19, 2018
Jkt 244001
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 https://www.regulations.gov,
as described in the system of records
notice (DOT/ALL–14 FDMS), which can
be reviewed at https://www.dot.gov/
privacy.
II. Background
On May 29, 2018, FMCSA published
a notice announcing receipt of
applications from 37 individuals
requesting an exemption from diabetes
requirement in 49 CFR 391.41(b)(3) and
requested comments from the public (83
FR 24576). The public comment period
ended on June 28, 2018, and one
comments was received.
FMCSA has evaluated the eligibility
of these applicants and determined that
granting the exemptions to these
individuals 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)(3).
The physical qualification standard
for drivers regarding diabetes found in
49 CFR 391.41(b)(3) states that a person
is physically qualified to drive a CMV
if that person has no established
medical history or clinical diagnosis of
diabetes mellitus currently requiring
insulin for control.
III. Discussion of Comments
FMCSA received one comment in this
proceeding. Vicky Johnson from the
Minnesota Department of Public Safety
stated that Minnesota has no objections
to granting diabetes exemptions to Jon
E. Behle, Gavin C. Gore, Stephen R.
Henderscheidt, and Jose C. Rosario.
IV. Basis for Exemption Determination
Under 49 U.S.C. 31136(e) and 31315,
FMCSA may grant an exemption from
the diabetes standard in 49 CFR
391.41(b)(3) if the exemption is likely to
achieve an equivalent or greater level of
safety than would be achieved without
the exemption. The exemption allows
the applicants to operate CMVs in
interstate commerce.
The Agency’s decision regarding these
exemption applications is based on the
program eligibility criteria and an
individualized assessment of
information submitted by each
applicant. The qualifications,
PO 00000
Frm 00131
Fmt 4703
Sfmt 4703
experience, and medical condition of
each applicant were stated and
discussed in detail in the May 29, 2018,
Federal Register notice (83 FR 24576)
and will not be repeated in this notice.
These 37 applicants have had ITDM
over a range of 1 to 22 years. These
applicants report no severe
hypoglycemic reactions resulting in loss
of consciousness or seizure, requiring
the assistance of another person, or
resulting in impaired cognitive function
that occurred without warning
symptoms, in the past 12 months and no
recurrent (two or more) severe
hypoglycemic episodes in the past five
years. In each case, an endocrinologist
verified that the driver has
demonstrated a willingness to properly
monitor and manage his/her diabetes
mellitus, received education related to
diabetes management, and is on a stable
insulin regimen. These drivers report no
other disqualifying conditions,
including diabetes related
complications. Each meets the vision
requirement at 49 CFR 391.41(b)(10).
Consequently, FMCSA finds that in
each case exempting these applicants
from the diabetes requirement in 49 CFR
391.41(b)(3) 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 submit a quarterly
monitoring checklist completed by the
treating endocrinologist as well as an
annual checklist with a comprehensive
medical evaluation; (2) each driver must
report within two business days of
occurrence, all episodes of severe
hypoglycemia, significant
complications, or inability to manage
diabetes; also, any involvement in an
accident or any other adverse event in
a CMV or personal vehicle, whether or
not it is related to an episode of
hypoglycemia; (3) each driver must
provide a copy of the ophthalmologist’s
or optometrist’s report to the Medical
Examiner at the time of the annual
medical examination; 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 keeping a copy in
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.
E:\FR\FM\20JYN1.SGM
20JYN1
Agencies
[Federal Register Volume 83, Number 140 (Friday, July 20, 2018)]
[Notices]
[Pages 34664-34666]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-15577]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[FMCSA Docket No. FMCSA-2018-0051]
Qualification of Drivers; Exemption Applications; Epilepsy and
Seizure Disorders
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.
ACTION: Notice of final disposition.
-----------------------------------------------------------------------
SUMMARY: FMCSA announces its decision to exempt eight 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 were applicable on May 30, 2018. The exemptions
expire on May 30, 2020.
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.,
e.t., Monday through Friday, except Federal holidays. If you have
questions regarding viewing or submitting
[[Page 34665]]
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: https://www.regulations.gov.
Docket: For access to the docket to read background documents or
comments, go to https://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 https://www.regulations.gov, as described in
the system of records notice (DOT/ALL-14 FDMS), which can be reviewed
at https://www.dot.gov/privacy.
II. Background
On April 24, 2018, FMCSA published a notice announcing receipt of
applications from eight individuals requesting an exemption from the
epilepsy and seizure disorders prohibition in 49 CFR 391.41(b)(8) and
requested comments from the public (83 FR 17879). The public comment
period ended on May 24, 2018, and no 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 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 \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 https://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.
---------------------------------------------------------------------------
III. Discussion of Comments
FMCSA received no comments in this proceeding.
IV. Basis for Exemption Determination
Under 49 U.S.C. 31136(e) and 31315(b), FMCSA may grant an exemption
from the epilepsy and seizure disorder prohibition in 49 CFR
391.41(b)(8) if the exemption is likely to achieve an equivalent or
greater level of safety than would be achieved without the exemption.
The exemption allows the applicants to operate CMVs in interstate
commerce.
In reaching the decision to grant these exemption requests, FMCSA
considered the 2007 recommendations of the Agency's Medical Expert
Panel (MEP). The January 15, 2013, Federal Register notice (78 FR 3069)
provides the current MEP recommendations which is the criteria the
Agency uses to grant seizure exemptions.
The Agency's decision regarding these exemption applications is
based on 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 (CDLIS) for commercial driver's license
(CDL) holders, and interstate and intrastate inspections recorded in
the Motor Carrier Management Information System (MCMIS). 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 April 24, 2018 Federal Register notice (83
FR 17879) and will not be repeated in this notice.
These eight applicants have been seizure-free over a range of 23
years while taking anti-seizure medication and maintained a stable
medication treatment regimen for the last two 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 49 CFR
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 two-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 Medical Examiner, as defined by 49 CFR 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 eight exemption applications,
FMCSA exempts the following drivers from the epilepsy and seizure
disorder prohibition, 49 CFR 391.41(b)(8), subject to the requirements
cited above:
Steven H. Ford (WI)
Scott Habeck (SD)
Nathan E. Kanouff (GA)
Richard L. Kienel, Jr. (GA)
Joe L. King, Jr. (NC)
Daniel L. Martin (IA)
Phillip Moore (CT)
Joshua Thomas (MN)
In accordance with 49 U.S.C. 31315(b)(1), each exemption will be
valid for two years from the effective
[[Page 34666]]
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: July 13, 2018.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2018-15577 Filed 7-19-18; 8:45 am]
BILLING CODE 4910-EX-P