[Federal Register Volume 81, Number 89 (Monday, May 9, 2016)]
[Notices]
[Pages 28134-28135]
[FR Doc No: 2016-10794]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[FMCSA Docket No. FMCSA-2015-0320]

Qualification of Drivers; Exemption Applications; Epilepsy and
Seizure Disorders

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

ACTION: Notice of final disposition.

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SUMMARY: FMCSA announces its decision to exempt eight individuals from
the regulatory requirement 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 to operate CMVs in interstate
commerce.

DATES: The exemptions were effective on January 21, 2016. The
exemptions expire on January 21, 2018.

FOR FURTHER INFORMATION CONTACT: Christine A. Hydock, Chief, Medical
Programs Division,<PHONE_NUMBER><EMAIL_ADDRESS>FMCSA,
Department of Transportation, 1200 New Jersey Avenue SE., Room W64-113,
Washington, DC 20590-0001. Office hours are from 8:30 a.m. to 5 p.m.
e.t., Monday through Friday, except Federal holidays.

SUPPLEMENTARY INFORMATION:

I. Electronic Access

    You may see all the comments online through the Federal Document
Management System (FDMS) at: http://www.regulations.gov.
    Docket: For access to the docket to read background documents or
comments, go to http://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., 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 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 December 21, 2015, FMCSA published a notice announcing receipt
of applications from 17 individuals requesting an exemption from the
prohibition against persons with a clinical diagnosis of epilepsy or
any other condition that is likely to cause a loss of consciousness or
any loss of ability to operate a CMV in interstate commerce and
requested comments from the public (80 FR 70065). The public comment
period closed on January 20, 2016, and no comments were received.
    FMCSA has evaluated the eligibility of these applicants and
determined that granting the exemptions to eight 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 to assist medical examiners in determining whether drivers
with certain medical conditions are qualified to operate a CMV in
interstate commerce. The advisory criteria found in Appendix A to 49
CFR 391.41, states that:

    If an individual has had a sudden episode of a non-epileptic
seizure or loss of consciousness of unknown cause that did not
require anti-seizure medication, the decision whether that person's
condition is likely to cause the loss of consciousness or loss of
ability to control a CMV should be made on an individual basis by
the medical examiner in consultation with the treating physician.
Before certification is considered, it is suggested that a 6-month
waiting period elapse from the time of the episode. Following the
waiting period, it is suggested that the individual have a complete
neurological examination. If the results of the examination are
negative and anti-seizure medication is not required, then the
driver may be qualified.
    In those individual cases where a driver had a seizure or an
episode of loss of consciousness that resulted from a known medical
condition (e.g., drug reaction, high temperature, acute infectious
disease, dehydration, or acute metabolic disturbance), certification
should be deferred until the driver has recovered fully from that
condition, has no existing residual complications, and is not taking
anti-seizure medication.
    Drivers who have a history of epilepsy/seizures, off anti-
seizure medication and seizure-free for 10 years, may be qualified
to operate a CMV in interstate commerce. Interstate drivers with a
history of a single unprovoked seizure may be qualified to drive a
CMV in interstate commerce if seizure-free and off anti-seizure
medication for a 5-year period or more.

    As a result of medical examiners misinterpreting advisory criteria
as regulation, numerous drivers have been prohibited from operating a
CMV in interstate commerce based on the fact that they have had one or
more seizures and are taking anti-seizure medication, rather than an
individual analysis of their circumstances by a qualified medical
examiner based on the physical qualification standards and medical best
practices.
    In reaching the decision to grant these exemption requests, the
Agency considered the 2007 recommendations of the Agency's Medical
Expert Panel (MEP). The January 15, 2013 (78 FR 3069) Federal Register
notice provides the current MEP recommendations which is the criteria
the Agency uses to grant seizure exemptions.
    These eight applicants have been seizure-free over a range of 13 to
43 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. A summary of each
applicant's seizure history was discussed in the December 21, 2015
Federal Register notice and will not be repeated in this notice.

III. Discussion of Comments

    There were no comments in response to this notice. The Agency has
determined that eight applicants should be granted an exemption.

IV. Basis for Exemption Determination

    Under 49 U.S.C. 31136(e) and 31315(b), FMCSA may grant an exemption
from the epilepsy/seizure standard 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.
    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). 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/seizure standard 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 will be provided to the
applicants in the exemption document and includes the following: (1)
Each individual must remain seizure-free and maintain a stable
treatment during the 2-year exemption period; (2) each individual must
submit annual reports from their treating physicians attesting to the
stability of treatment and that the driver has remained seizure-free;
(3) each individual must undergo an annual medical examination by a
certified Medical Examiner, as defined by 49 CFR 390.5; and (4) each
individual 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. Conclusion

    Based upon its evaluation of the eight exemption applications,
FMCSA exempts the following drivers from the epilepsy/seizure standard
in 49 CFR 391.41(b)(8), subject to the requirements cited above: James
E. Allen (ME); Thomas A DeAngelo (IL); Nathan Dermer (AK); Daniel Lloyd
Halstead (NV); Kevin Mathis (NJ); Toriano T. Mitchell (OH); Thomas A.
Mitman (NY) and Tyler W. Schaefor (ME).
    In accordance with 49 U.S.C. 31315(b)(1), each exemption is valid
for 2 years, unless revoked earlier by FMCSA. The exemption will be
revoked if the following occurs: (1) The individual 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. If the
exemption is still effective at the end of the 2-year period, the
individual may apply to FMCSA for a renewal under procedures in effect
at that time.

    Issued on: April 29, 2016.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2016-10794 Filed 5-6-16; 8:45 am]
 BILLING CODE 4910-EX-P


[Federal Register: June 8, 2010 (Volume 75, Number 109)]
[Notices]
[Page 32536]
[DOCID:fr08jn10-169]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

Executive Committee of the Aviation Rulemaking Advisory
Committee; Meeting; Correction

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of meeting; correction.

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SUMMARY: On June 3, 2010, the FAA published a notice of a meeting of
the Executive Committee of the Aviation Rulemaking Advisory Committee.
The notice contained an inaccurate date in one section. This notice
corrects that error.

FOR FURTHER INFORMATION CONTACT: Gerri Robinson, Federal Aviation
Administration, 800 Independence Avenue, SW., Washington, DC 20591,
telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>; e-mail
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: In FR Doc. 2010-13326, published June 3,
2010, (75 FR 31509) make the following correction:
    On page 31509, in the second column, under the heading
SUPPLEMENTARY INFORMATION, revise the date ``December 9, 2009'' to read
``June 16, 2010.''

    Issued in Washington, DC, on June 3, 2010.
Pamela A. Hamilton-Powell,
Executive Director, Aviation Rulemaking Advisory Committee.
[FR Doc. 2010-13762 Filed 6-7-10; 8:45 am]
BILLING CODE 4910-13-P