Qualification of Drivers; Exemption Applications; Epilepsy and Seizure Disorders, 58452-58453 [2019-23758]
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58452
Federal Register / Vol. 84, No. 211 / Thursday, October 31, 2019 / Notices
certified medical examiner (ME) who
attests that the individual is otherwise
physically qualified under § 391.41; (2)
each driver must provide a copy of the
ophthalmologist’s or optometrist’s
report to the ME 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 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.
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 ten
exemption applications, FMCSA
exempts the following drivers from the
vision requirement, § 391.41(b)(10),
subject to the requirements cited above:
khammond on DSKJM1Z7X2PROD with NOTICES
Alex T. Balk (AZ)
Brian K. Egbert (MO)
Joseph M. Morgan (FL)
Chris J. Orphan, Jr. (SC)
Wayne E. Page (NC)
Joaquin A. Sandoval (OR)
Donald J. Thoel (MI)
Harold W. Via (VA)
Milton D. Voepel (MO)
Andrew L. Walker (MN)
In accordance with 49 U.S.C. 31136(e)
and 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: October 24, 2019.
Larry W. Minor,
Associate Administrator for Policy.
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[FMCSA Docket No. FMCSA–2019–0033]
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 five 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 October 4, 2019. The exemptions
expire on October 4, 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
Operations, (202) 366–9826.
SUPPLEMENTARY INFORMATION:
SUMMARY:
III. Discussion of Comments
A. Viewing Documents and Comments
IV. Basis for Exemption Determination
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-2019-0033 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.
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
B. Privacy Act
In accordance with 5 U.S.C. 553(c),
DOT solicits comments from the public
Jkt 250001
On August 28, 2019, FMCSA
published a notice announcing receipt
of applications from five 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 45205). The public comment period
ended on September 27, 2019, 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 § 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.
FMCSA received no comments in this
proceeding.
BILLING CODE 4910–EX–P
16:38 Oct 30, 2019
II. Background
I. Public Participation
[FR Doc. 2019–23763 Filed 10–30–19; 8:45 am]
VerDate Sep<11>2014
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.
PO 00000
Frm 00084
Fmt 4703
Sfmt 4703
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.
E:\FR\FM\31OCN1.SGM
31OCN1
Federal Register / Vol. 84, No. 211 / Thursday, October 31, 2019 / Notices
khammond on DSKJM1Z7X2PROD with NOTICES
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 August 28, 2019,
Federal Register notice (84 FR 45206)
and will not be repeated in this notice.
These five applicants have been
seizure-free over a range of 18 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
VerDate Sep<11>2014
16:38 Oct 30, 2019
Jkt 250001
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
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 five
exemption applications, FMCSA
exempts the following drivers from the
epilepsy and seizure disorder
prohibition, § 391.41(b)(8), subject to the
requirements cited above:
Lucas Meeker (OH)
Michael Miller (TX)
Jason Plummer (IN)
Keith Sayre (OH)
Tyler Tilseth (NM)
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: October 24, 2019.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2019–23758 Filed 10–30–19; 8:45 am]
BILLING CODE 4910–EX–P
PO 00000
58453
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–1998–4334; FMCSA–
1999–5578; FMCSA–2001–9561; FMCSA–
2003–14504; FMCSA–2003–15268; FMCSA–
2004–19477; FMCSA–2005–20560; FMCSA–
2005–21254; FMCSA–2006–24783; FMCSA–
2006–26066; FMCSA–2007–27333; FMCSA–
2007–27515; FMCSA–2007–27897; FMCSA–
2007–28695; FMCSA–2008–0292; FMCSA–
2009–0086; FMCSA–2009–0154; FMCSA–
2010–0354; FMCSA–2011–0010; FMCSA–
2011–0057; FMCSA–2011–0092; FMCSA–
2011–0102; FMCSA–2011–0124; FMCSA–
2011–0140; FMCSA–2011–0141; FMCSA–
2012–0338; FMCSA–2013–0021; FMCSA–
2013–0025; FMCSA–2013–0027; FMCSA–
2013–0028; FMCSA–2013–0029; FMCSA–
2013–0030; FMCSA–2014–0011; FMCSA–
2014–0305; FMCSA–2015–0048; FMCSA–
2015–0052; FMCSA–2015–0053; FMCSA–
2015–0055; FMCSA–2016–0033; FMCSA–
2016–0213; FMCSA–2017–0017; FMCSA–
2017–0020; FMCSA–2017–0022]
Qualification of Drivers; Exemption
Applications; Vision
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Notice of final disposition.
AGENCY:
FMCSA announces its
decision to renew exemptions for 104
individuals from the vision requirement
in the Federal Motor Carrier Safety
Regulations (FMCSRs) for interstate
commercial motor vehicle (CMV)
drivers. The exemptions enable these
individuals to continue to operate CMVs
in interstate commerce without meeting
the vision requirement in one eye.
DATES: Each group of renewed
exemptions were applicable on the
dates stated in the discussions below
and will expire on the dates provided
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, (202) 366–9826.
SUPPLEMENTARY INFORMATION:
SUMMARY:
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
Frm 00085
Fmt 4703
Sfmt 4703
E:\FR\FM\31OCN1.SGM
31OCN1
Agencies
[Federal Register Volume 84, Number 211 (Thursday, October 31, 2019)]
[Notices]
[Pages 58452-58453]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-23758]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[FMCSA Docket No. FMCSA-2019-0033]
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 five 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 October 4, 2019. The
exemptions expire on October 4, 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 Operations, (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-2019-0033 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 August 28, 2019, FMCSA published a notice announcing receipt of
applications from five 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 45205). The public comment
period ended on September 27, 2019, 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 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 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 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 58453]]
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 August 28, 2019,
Federal Register notice (84 FR 45206) and will not be repeated in this
notice.
These five applicants have been seizure-free over a range of 18
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 five 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:
Lucas Meeker (OH)
Michael Miller (TX)
Jason Plummer (IN)
Keith Sayre (OH)
Tyler Tilseth (NM)
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: October 24, 2019.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2019-23758 Filed 10-30-19; 8:45 am]
BILLING CODE 4910-EX-P