Qualification of Drivers; Exemption Applications; Epilepsy and Seizure Disorders, 46086-46088 [2019-18964]
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46086
Federal Register / Vol. 84, No. 170 / Tuesday, September 3, 2019 / Notices
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.
khammond on DSKBBV9HB2PROD with NOTICES
C. Privacy Act
DOT solicits comments from the
public to better inform its
decisionmaking processes. 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 January 20, 2012, Allerton
submitted a petition for determination
that the Chicago Ground Transportation
Tax (the Tax) registration emblem
display requirement, which applies to
interstate motor passenger carriers
within FMCSA’s jurisdiction, is
preempted by 49 U.S.C. 14506(a).
Section 14506(a) prohibits States from
requiring interstate motor carriers to
display in or on specified commercial
motor vehicles (CMVs) any form of
identification other than forms required
by the Secretary of Transportation, with
certain exceptions. On March 23, 2012,
FMCSA published a Notice of Allerton’s
petition, requesting comment on
whether the registration emblem display
requirement is preempted by 49 U.S.C.
14506(a) or whether any exception set
forth in section 14506(b) applies (77 FR
17105). On May 18, 2012, the City of
Chicago (Chicago) submitted its
response to Allerton’s petition. Chicago
opposed the petition, arguing that
Allerton did not demonstrate a ‘‘live
dispute’’ regarding the emblem display
requirement and, further, that the
emblem display requirement falls
within the exceptions identified in 49
U.S.C. 14506(b)(2) and (3). The statutory
exceptions cited by Chicago are,
respectively, credentials required under
the International Fuel Tax Agreement or
applicable State law (49 U.S.C.
14506(b)(2)) and a State law regarding
motor vehicle license plates ‘‘or other
displays that the Secretary determines
are appropriate’’ (49 U.S.C. 14506(b)(3)).
Allerton’s petition and Chicago’s
response are available in the docket for
this Notice.
The Tax requires providers of
passenger ground transportation within
the City of Chicago to register their
vehicles and pay a graduated fee that
varies according to the seating capacity
of each vehicle registered (Chicago Mun.
Code ch. 3–46). The Tax applies to all
for-hire vehicles used to pick up, drop
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16:24 Aug 30, 2019
Jkt 247001
off, or both pick up and drop off
passengers within the city (Chicago
Mun. Code § 3–46–020(H)). The Tax
applies regardless of whether the
vehicle is registered or titled within the
State of Illinois. Id.
Vehicles subject to the Tax must
display an emblem on the windshield as
evidence of registration and payment
(Chicago Mun. Code § 3–46–073(A)).
Vehicles failing to display the emblem
are prohibited from operating within the
city and are subject to seizure and
impoundment at the vehicle owner’s
expense, as well as an administrative
penalty of $500. Id.
As noted above, Federal law, codified
at 49 U.S.C. 14506(a), prohibits States
from requiring interstate motor carriers
to display in or on CMVs any form of
identification other than forms required
by the Secretary of Transportation.
However, section 14506(b) states that a
State may continue to require display of
credentials required (1) under the
International Registration Plan under
section 31704; (2) under the
International Fuel Tax Agreement
(IFTA) or under an applicable State law
if, on October 1, 2006, the State has a
form of highway use taxation not subject
to collection through IFTA; (3) under a
State law regarding requiring motor
vehicle license plates or other displays
that the Secretary determines are
appropriate; (4) in connection with
Federal requirements for hazardous
materials transportation under section
5103; or (5) in connection with Federal
vehicle inspection standards under
section 31136.
In accordance with a previous
decision, FMCSA interprets all the
exceptions in section 14506(b) to apply
to political subdivisions of States,
including municipalities. See
Identification of Interstate Motor
Vehicles: New York City, Cook County,
and New Jersey Identification
Requirements; Petition for
Determination, 75 FR 64779 (Oct. 20,
2010). Authority granted to the
Secretary under section 14506 has been
delegated to the FMCSA Administrator
by 49 CFR 1.87(a)(7).
On July 2, 2019, the American Bus
Association (ABA) requested that the
Agency re-publish the petition to allow
an opportunity for any additional public
comments on the matter, and that
FMCSA issue a determination as soon as
practicable thereafter. The ABA also
noted that, although Allerton recently
ceased operations, a number of ABA
members currently operating in Chicago
remain subject to the decal requirement
PO 00000
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Fmt 4703
Sfmt 4703
and the associated penalties for noncompliance.1
III. Comments Requested
As explained above, considering the
passage of time since the publication of
the Notice, FMCSA is re-opening the
comment period on Allerton’s petition.
The Agency specifically seeks comment
on whether the City of Chicago’s
registration emblem display
requirement is preempted by 49 U.S.C.
14506(a) or whether it qualifies under
any of the five exceptions set forth in 49
U.S.C. 14506(b) and listed above. As
stated in the March 23, 2012, Notice,
FMCSA believes that section
14506(b)(3) is the only exception that
could potentially apply to the Tax and
therefore seeks comment specifically on
whether the Agency should approve the
registration emblem display
requirement under that exception. The
Agency requests that comments be
limited to these issues, and encourages
the submission of data or legal
authorities supporting the commenter’s
position. Parties who commented in
response to the Agency’s March 23,
2012, Notice and have no further or
updated information to add need not
resubmit their comments. FMCSA may
issue a determination on the petition at
any time after the close of the comment
period.
Issued on: August 27, 2019.
Raymond P. Martinez,
Administrator.
[FR Doc. 2019–18983 Filed 8–30–19; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[FMCSA Docket No. FMCSA–2019–0029]
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 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
SUMMARY:
1 The July 2, 2019 letter from ABA to FMCSA
Administrator Ray Martinez is available in Docket
No. FMCSA–2012–0086, accessible through https://
www.regulations.gov.
E:\FR\FM\03SEN1.SGM
03SEN1
Federal Register / Vol. 84, No. 170 / Tuesday, September 3, 2019 / Notices
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,
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, (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/
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.
khammond on DSKBBV9HB2PROD with NOTICES
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
VerDate Sep<11>2014
16:24 Aug 30, 2019
Jkt 247001
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 § 391.41(b)(8).
The physical qualification standard
for drivers regarding epilepsy found in
§ 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.
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 2year 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
1 These criteria may be found in APPENDIX A TO
PART 391—MEDICAL ADVISORY CRITERIA,
section H. Epilepsy: § 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.
PO 00000
Frm 00144
Fmt 4703
Sfmt 4703
46087
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 § 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 § 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 selfemployed. The driver must also have a
copy of the exemption when driving, for
E:\FR\FM\03SEN1.SGM
03SEN1
46088
Federal Register / Vol. 84, No. 170 / Tuesday, September 3, 2019 / Notices
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, § 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
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
Qualification of Drivers; Exemption
Applications; Vision
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Notice of applications for
exemption; request for comments.
khammond on DSKBBV9HB2PROD with NOTICES
AGENCY:
FMCSA announces receipt of
applications from 19 individuals for an
exemption from the vision requirement
in the Federal Motor Carrier Safety
Regulations (FMCSRs) to operate a
commercial motor vehicle (CMV) in
interstate commerce. If granted, the
exemptions will enable these
individuals to operate CMVs in
VerDate Sep<11>2014
16:24 Aug 30, 2019
Jkt 247001
I. Public Participation
A. Submitting Comments
[Docket No. FMCSA–2019–0013]
SUMMARY:
interstate commerce without meeting
the vision requirement in one eye.
DATES: Comments must be received on
or before October 3, 2019.
ADDRESSES: You may submit comments
identified by the Federal Docket
Management System (FDMS) Docket No.
FMCSA–2019–0013 using any of the
following methods:
• Federal eRulemaking Portal: Go to
https://www.regulations.gov/
docket?D=FMCSA-2019-0013. Follow
the online instructions for submitting
comments.
• Mail: Docket Management Facility;
U.S. Department of Transportation, 1200
New Jersey Avenue SE, West Building
Ground Floor, Room W12–140,
Washington, DC 20590–0001.
• Hand Delivery: West Building
Ground Floor, Room W12–140, 1200
New Jersey Avenue SE, Washington,
DC, between 9 a.m. and 5 p.m., ET,
Monday through Friday, except Federal
Holidays.
• Fax: (202) 493–2251.
To avoid duplication, please use only
one of these four methods. See the
‘‘Public Participation’’ portion of the
SUPPLEMENTARY INFORMATION section for
instructions on submitting comments.
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 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:
If you submit a comment, please
include the docket number for this
notice (Docket No. FMCSA–2019–0013),
indicate the specific section of this
document to which each comment
applies, and provide a reason for each
suggestion or recommendation. You
may submit your comments and
material online or by fax, mail, or hand
delivery, but please use only one of
these means. FMCSA recommends that
you include your name and a mailing
address, an email address, or a phone
number in the body of your document
so that FMCSA can contact you if there
are questions regarding your
submission.
To submit your comment online, go to
https://www.regulations.gov/
PO 00000
Frm 00145
Fmt 4703
Sfmt 4703
docket?D=FMCSA-2019-0013. Click on
the ‘‘Comment Now!’’ button and type
your comment into the text box on the
following screen. Choose whether you
are submitting your comment as an
individual or on behalf of a third party
and then submit.
If you submit your comments by mail
or hand delivery, submit them in an
unbound format, no larger than 81⁄2 by
11 inches, suitable for copying and
electronic filing. If you submit
comments by mail and would like to
know that they reached the facility,
please enclose a stamped, self-addressed
postcard or envelope.
FMCSA will consider all comments
and material received during the
comment period.
B. 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/
docket?D=FMCSA-2019-0013 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.
C. 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
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 2year period to align with the maximum
duration of a driver’s medical
certification.
The 19 individuals listed in this
notice have requested an exemption
from the vision requirement in 49 CFR
391.41(b)(10). Accordingly, the Agency
E:\FR\FM\03SEN1.SGM
03SEN1
]]>Agencies
[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]
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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 https://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.
---------------------------------------------------------------------------
\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.
---------------------------------------------------------------------------
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
[[Page 46088]]
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
