Federal Register / Vol. 83, No. 175 / Monday, September 10, 2018 / Notices 45723 

1See http://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. 

objections with the Director of the 

Board’s Office of Economics within 14 

calendar days of the date of this notice. 

The rules for release of waybill data are 

codified at 49 CFR 1244.9. 

Contact: Alexander Dusenberry, (202) 

245–0319. 

Aretha Laws-Byrum, 

Clearance Clerk. 

[FR Doc. 2018–19521 Filed 9–7–18; 8:45 am] 

BILLING CODE 4915–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[FMCSA Docket No. FMCSA–2018–0053] 

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 antiseizure medication to operate CMVs in 

interstate commerce. 

DATES: The exemptions were applicable 

on August 1, 2018. The exemptions 

expire on August 1, 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: 

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., 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 http://www.regulations.gov, 

as described in the system of records 

notice (DOT/ALL–14 FDMS), which can 

be reviewed at http://www.dot.gov/ 

privacy. 

II. Background 

On June 21, 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 28896). The public comment period 

ended on July 23, 2018, and six 

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: § 391.41(b)(8), 

paragraphs 3, 4, and 5.] 

III. Discussion of Comments 

FMCSA received six comments in this 

proceeding. Four of these comments 

supported granted the exemptions. One 

commenter did not support granting 

these exemptions due to his or her 

concerns about these drivers refilling 

their medications while they are 

operating a CMVs on an interstate basis. 

Another commenter suggested that these 

applicants should provide complete 

medical histories and records and be 

incident free for at least two years. This 

commenter also stated his or her 

opinion that employers of drivers who 

have been issued an exemption be 

required to obtain additional accident 

liability insurance for these drivers. In 

reviewing these applications for 

exemptions, FMCSA evaluated the 

medical records of all eight applicants, 

obtained documentation of the treating 

physician’s support for granting the 

applicant an exemption, and 

determined that granting these 

exemptions would achieve an 

equivalent or greater level of safety than 

would be achieved without the 

exemption. FMCSA does not require 

employers to obtain additional 

insurance for drivers with medical 

exemptions. 

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 


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45724 Federal Register / Vol. 83, No. 175 / Monday, September 10, 2018 / Notices 

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 June 21, 2018 Federal 

Register notice (83 FR 28896) and will 

not be repeated in this notice. 

These eight applicants have been 

seizure-free over a range of 4 to 40 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: 

Ricky B. Alegre (NJ) 

Stephen M. Christner (PA) 

Paul J. Gomez (CA) 

Lawrence J. Knox (MA) 

Thomas A. Ork (NY) 

Constance Seale (DE) 

Anne M. Spencer-Brown (WV) 

Floyd C. Williams (VA) 

In accordance with 49 U.S.C. 

31315(b)(1), 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 

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: August 30, 2018. 

Larry W. Minor, 

Associate Administrator for Policy. 

[FR Doc. 2018–19644 Filed 9–7–18; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–2018–0054] 

Qualification of Drivers; Exemption 

Applications; Epilepsy and Seizure 

Disorders 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), DOT. 

ACTION: Notice of applications for 

exemption; request for comments. 

SUMMARY: FMCSA announces receipt of 

applications from 11 individuals for an 

exemption from the prohibition in the 

Federal Motor Carrier Safety 

Regulations (FMCSRs) 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 control a commercial motor 

vehicle (CMV) in interstate commerce. If 

granted, the exemptions would enable 

these individuals who have had one or 

more seizures and are taking antiseizure medication to operate CMVs in 

interstate commerce. 

DATES: Comments must be received on 

or before October 10, 2018. 

ADDRESSES: You may submit comments 

bearing the Federal Docket Management 

System (FDMS) Docket No. FMCSA– 

2018–0054 using any of the following 

methods: 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov. 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., E.T., 

Monday through Friday, except Federal 

Holidays. 

• Fax: 1–202–493–2251. 

Instructions: Each submission must 

include the Agency name and the 

docket number(s) for this notice. Note 

that all comments received will be 

posted without change to http://

www.regulations.gov, including any 

personal information provided. Please 

see the Privacy Act heading below for 

further information. 

Docket: For access to the docket to 

read background documents or 

comments, go to http://

www.regulations.gov at any time 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. The 

FDMS is available 24 hours each day, 

365 days each year. If you want 

acknowledgment that we received your 

comments, please include a selfaddressed, stamped envelope or 

postcard or print the acknowledgement 

page that appears after submitting 

comments online. 

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 http://www.regulations.gov, 

as described in the system of records 

notice (DOT/ALL–14 FDMS), which can 

be reviewed at http://www.dot.gov/ 

privacy. 

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., E.T., 

Monday through Friday, except Federal 

holidays. If you have questions 


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