Qualification of Drivers; Exemption Applications; Epilepsy and Seizure Disorders, 5548-5549 [2019-02952]
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Federal Register / Vol. 84, No. 35 / Thursday, February 21, 2019 / Notices
deterioration of their safety record.
However, should this occur, FMCSA
would take all steps necessary to protect
the public interest, including revocation
of the exemption. The FMCSA would
immediately revoke the exemption for
failure to comply with its terms and
conditions.
Issued on: February 13, 2019.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2019–02955 Filed 2–20–19; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2014–0213; FMCSA–
2015–0323]
Qualification of Drivers; Exemption
Applications; Epilepsy and Seizure
Disorders
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
AGENCY:
ACTION:
Notice of final disposition.
FMCSA announces its
decision to renew exemptions for 12
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.
SUMMARY:
Each group of renewed
exemptions were applicable on the
dates stated in the discussions below
and will expire on the dates stated in
the discussions below.
DATES:
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.
amozie on DSK3GDR082PROD with NOTICES1
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
VerDate Sep<11>2014
17:08 Feb 20, 2019
Jkt 247001
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
https://www.regulations.gov. Insert the
docket number, FMCSA–2014–0213;
FMCSA–2015–0323, 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.
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 November 20, 2018, FMCSA
published a notice announcing its
decision to renew exemptions for 12
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 (83 FR
56683). The public comment period
ended on December 20, 2018, and no
comments were received.
As stated in the previous notice,
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 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 to assist
Medical Examiners in determining
whether drivers with certain medical
conditions are qualified to operate a
PO 00000
Frm 00145
Fmt 4703
Sfmt 4703
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. Conclusion
Based on its evaluation of the 12
renewal exemption applications,
FMCSA announces its decision to
exempt the following drivers from the
epilepsy and seizure disorders
prohibition in 49 CFR 391.41(b)(8).
In accordance with 49 U.S.C. 31136(e)
and 31315, the following groups of
drivers received renewed exemptions in
the month of September and are
discussed below. As of September 9,
2018, and in accordance with 49 U.S.C.
31136(e) and 31315, the following eight
individuals have satisfied the renewal
conditions for obtaining an exemption
from the epilepsy and seizure disorders
prohibition in the FMCSRs for interstate
CMV drivers (83 FR 58683):
Mark D. Anderson (NC)
Jeremy N. Bradford (AL)
Jeffrey B. Green (CA)
Stephen M. Harmon (WV)
Donald A. Horst (MD)
Kyle P. Loney (WA)
Leigh P. Mallory (VT)
Raymond VanDeMark (NJ)
The drivers were included in docket
number FMCSA–2015–0323. Their
exemptions are applicable as of
September 9, 2018, and will expire on
September 9, 2020.
As of September 16, 2018, and in
accordance with 49 U.S.C. 31136(e) and
31315, the following four individuals
have satisfied the renewal conditions for
obtaining an exemption from the
epilepsy and seizure disorders
prohibition in the FMCSRs for interstate
CMV drivers (83 FR 58683):
Lee H. Anderson (MA)
Gary A. Combs, Jr. (KY)
Roland K. Mezger (PA)
Robert Thomas, Jr. (NC)
The drivers were included in docket
number FMCSA–2014–0213. Their
exemptions are applicable as of
September 16, 2018, and will expire on
September 16, 2020.
In accordance with 49 U.S.C. 31315,
each exemption will be valid for two
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
E:\FR\FM\21FEN1.SGM
21FEN1
Federal Register / Vol. 84, No. 35 / Thursday, February 21, 2019 / Notices
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: February 13, 2019.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2019–02952 Filed 2–20–19; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2001–9800]
Qualifications of Drivers; Exemption
Applications; Diabetes; Withdrawal of
Notices of Final Disposition
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
AGENCY:
Notice of withdrawal of 2003
and 2005 final disposition notices for
the diabetes exemption program.
ACTION:
FMCSA withdraws its
September 3, 2003, notice concerning
exemptions for certain individuals with
insulin-treated diabetes mellitus (ITDM)
and its November 8, 2005, revision. This
action is in response to the
Qualifications of Drivers; Diabetes
Standard final rule, published on
September 19, 2018, which revised the
physical qualifications standard for
ITDM individuals who wish to operate
commercial motor vehicles (CMVs) in
interstate commerce. The revised
standard allows certified medical
examiners, in consultation with the
treating clinician, to evaluate and
determine whether to grant an ITDM
individual a medical examiner’s
certificate (MEC) to drive a CMV in
interstate commerce. FMCSA has
determined, therefore, that an
exemption program for ITDM
individuals is no longer necessary.
SUMMARY:
This notice is applicable
February 21, 2019.
DATES:
Ms.
Christine Hydock, Chief, Medical
Programs Division, Federal Motor
Carrier Safety Administration, 1200
New Jersey Avenue SE, Washington, DC
20590–0001, by telephone at (202) 366–
4001, or by email at fmcsamedical@
dot.gov. If you have questions on
viewing material in the docket, contact
Docket Services, telephone (202) 366–
9826.
amozie on DSK3GDR082PROD with NOTICES1
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
VerDate Sep<11>2014
17:08 Feb 20, 2019
Jkt 247001
I. Background
Since 1970, 49 CFR 391.41(b)(3)
prohibited ITDM individuals from
operating CMVs. On September 3, 2003,
FMCSA announced that the Agency
would begin authorizing exemptions
from 49 CFR 391.41(b)(3) for certain
ITDM individuals (68 FR 52441).
Section 31315(b)(2) of 49 U.S.C. allows
the Agency to grant exemptions for a 2year period and to renew them at the
end of the period.1 The 2003 notice of
final disposition outlined the
requirements for ITDM individuals to
apply for an exemption, and the
considerations FMCSA would apply in
determining whether to grant such
applications in accordance with the
statute and the provisions of 49 CFR
part 381, subpart C. It addressed the
requirements to renew exemptions and
the considerations that would be used
by the Agency to determine whether to
renew an exemption once issued. It also
set out the circumstances that would
require revocation of an exemption.
In response to the enactment of
section 4129(a) through (c) of the Safe,
Accountable, Flexible, Efficient
Transportation Equity Act: A Legacy for
Users (SAFETEA–LU) (Pub. L. 109–59,
119 Stat. 1144, 1742, Aug. 10, 2005), the
Agency revised certain considerations
for such exemptions on November 8,
2005 (70 FR 67777).
On September 19, 2018, the Agency
published a final rule revising the
physical qualification standard for
operators of CMVs with ITDM (83 FR
47486). As of September 19, 2018, there
were 4,719 ITDM drivers who held
Federal diabetes exemptions. While the
exemption program provides a pathway
to medical certification for ITDM
individuals who otherwise meet the
physical qualifications standards of 49
CFR 391.41(b), the amended diabetes
standard provides a less burdensome
approach that emphasizes
individualized assessment and utilizes
the treating clinician of the ITDM
individual to assist the certified medical
examiner in making the certification
determination. Detailed explanations of
the process for complying with the new
physical qualification requirements are
included in the preamble to the final
rule published on September 19, 2018.
II. Transition From Exemption Program
to the New Standard
The withdrawal of the 2003 and 2005
program notices is applicable February
1 At the time, the statute limited exemptions to 2
years. The statute was subsequently amended to
allow exemptions for up to 5 years, but, as a
practical matter, diabetes exemptions have been
limited to 2 years.
PO 00000
Frm 00146
Fmt 4703
Sfmt 4703
5549
21, 2019. Individuals could begin the
process of obtaining MECs following the
new streamlined process on November
19, 2018.
A. Existing Diabetes Exemption Holders
Diabetes exemptions under the
program are issued for 2 years, but
exemption holders must be medically
certified by a certified medical examiner
and issued an MEC annually. Any MEC
that was obtained under an exemption
and was in effect when the final rule
became effective on November 19, 2018,
will remain in effect until the MEC
expires or is replaced by an MEC issued
under the new standard. Prior to its
expiration, a new MEC must be issued
under the new standard to operate a
CMV. FMCSA will direct certified
medical examiners to cease issuing
MECs under the exemption program on
or after the date of this withdrawal
notice.
Beginning November 19, 2018,
exemption holders could begin the
process of obtaining certification under
the new standard. This requires being
evaluated by a treating clinician who
must complete an Insulin-Treated
Diabetes Mellitus Assessment Form,
MCSA–5870, which is available on the
Agency’s website, and then obtaining a
medical certification examination by a
certified medical examiner. Existing
diabetes exemption holders should have
adequate time to comply with the
provisions of the final rule before their
current MECs expire. Obtaining
certification under the new standard
should be much less burdensome in
terms of both time and resources than
the lengthy process of applying for and
maintaining an exemption.
B. State Driver Licensing Agencies and
Variances
When an ITDM individual obtains an
MEC under the new standard, it will not
be necessary for the certified medical
examiner to indicate on the MEC that
certification is made consistent with the
terms of an exemption (unless other
exemptions are involved) because a
diabetes exemption is no longer
required to operate a CMV. Therefore, in
the case of an ITDM individual holding
a commercial driver’s license or a
commercial learner’s permit, it will not
be necessary for a State Driver Licensing
Agency to receive and post the
information about such a medical
variance on the individual’s
Commercial Driver’s License
Information System (CDLIS) record (see
49 CFR 383.73(o)).
E:\FR\FM\21FEN1.SGM
21FEN1
]]>Agencies
[Federal Register Volume 84, Number 35 (Thursday, February 21, 2019)]
[Notices]
[Pages 5548-5549]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-02952]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2014-0213; FMCSA-2015-0323]
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 renew exemptions for 12
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 stated in
the discussions below.
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:
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 https://www.regulations.gov.
Insert the docket number, FMCSA-2014-0213; FMCSA-2015-0323, 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.
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 November 20, 2018, FMCSA published a notice announcing its
decision to renew exemptions for 12 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 (83 FR
56683). The public comment period ended on December 20, 2018, and no
comments were received.
As stated in the previous notice, 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 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 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.]
III. Discussion of Comments
FMCSA received no comments in this proceeding.
IV. Conclusion
Based on its evaluation of the 12 renewal exemption applications,
FMCSA announces its decision to exempt the following drivers from the
epilepsy and seizure disorders prohibition in 49 CFR 391.41(b)(8).
In accordance with 49 U.S.C. 31136(e) and 31315, the following
groups of drivers received renewed exemptions in the month of September
and are discussed below. As of September 9, 2018, and in accordance
with 49 U.S.C. 31136(e) and 31315, the following eight individuals have
satisfied the renewal conditions for obtaining an exemption from the
epilepsy and seizure disorders prohibition in the FMCSRs for interstate
CMV drivers (83 FR 58683):
Mark D. Anderson (NC)
Jeremy N. Bradford (AL)
Jeffrey B. Green (CA)
Stephen M. Harmon (WV)
Donald A. Horst (MD)
Kyle P. Loney (WA)
Leigh P. Mallory (VT)
Raymond VanDeMark (NJ)
The drivers were included in docket number FMCSA-2015-0323. Their
exemptions are applicable as of September 9, 2018, and will expire on
September 9, 2020.
As of September 16, 2018, and in accordance with 49 U.S.C. 31136(e)
and 31315, the following four individuals have satisfied the renewal
conditions for obtaining an exemption from the epilepsy and seizure
disorders prohibition in the FMCSRs for interstate CMV drivers (83 FR
58683):
Lee H. Anderson (MA)
Gary A. Combs, Jr. (KY)
Roland K. Mezger (PA)
Robert Thomas, Jr. (NC)
The drivers were included in docket number FMCSA-2014-0213. Their
exemptions are applicable as of September 16, 2018, and will expire on
September 16, 2020.
In accordance with 49 U.S.C. 31315, each exemption will be valid
for two 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
[[Page 5549]]
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: February 13, 2019.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2019-02952 Filed 2-20-19; 8:45 am]
BILLING CODE 4910-EX-P
