Qualification of Drivers; Exemption Applications; Epilepsy and Seizure Disorders |
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Larry W. Minor
Federal Motor Carrier Safety Administration
January 15, 2013
[Federal Register Volume 78, Number 10 (Tuesday, January 15, 2013)]
[Notices]
[Pages 3079-3081]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-00712]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2012-0294
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.
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SUMMARY: FMCSA announces receipt of applications from 9 individuals for
an exemption from the prohibition against persons with a clinical
diagnosis of epilepsy or any other condition which is likely to cause a
loss of consciousness or any loss of ability to operate a commercial
motor vehicle (CMV) from operating CMVs in interstate commerce. The
regulation and the associated advisory criteria published in the Code
of Federal Regulations as the ``Instructions for Performing and
Recording Physical Examinations'' have resulted in numerous drivers
being prohibited from operating CMVs 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. If granted, the
exemptions would enable these individuals who have had one or more
seizures and are taking anti-seizure medication to operate CMVs for 2
years in interstate commerce.
DATES: Comments must be received on or before February 14, 2013.
ADDRESSES: You may submit comments bearing the Federal Docket
Management System (FDMS) Docket ID FMCSA-2012-0094--using any of the
following methods:
[[Page 3080]]
Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the on-line 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.,
Monday through Friday, except Federal Holidays.
Fax: 1-202-493-2251.
Each submission must include the Agency name and the docket ID for
this Notice. Note that DOT posts all comments received without change
to http://www.regulations.gov, including any personal information
included in a comment. Please see the Privacy Act heading below.
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., 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 self-addressed, stamped envelope or postcard
or print the acknowledgement page that appears after submitting
comments on-line.
Privacy Act: Anyone may search the electronic form of all comments
received into any of our dockets by the name of the individual
submitting the comment (or of the person signing the comment, if
submitted on behalf of an association, business, labor union, etc.).
You may review the DOT's complete Privacy Act Statement in the Federal
Register published on December 29, 2010 (75 FR 82132). This information
is also available at http://Docketinfo.dot.gov.
FOR FURTHER INFORMATION CONTACT: Elaine Papp, Chief, Medical Programs
Division (202) 366-4001, or via email at fmcsamedical@dot.gov, or by
letter FMCSA, Room W64-113, Department of Transportation, 1200 New
Jersey Avenue SE., Washington, DC 20590-0001. Office hours are from
8:30 a.m. to 5 p.m., Monday through Friday, except Federal holidays.
SUPPLEMENTARY INFORMATION:
Background
Under 49 U.S.C. 31315 and 31136(e), FMCSA may grant an exemption
for a 2-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 statutes also allow the
Agency to renew exemptions at the end of the 2-year period. The 9
individuals listed in this notice have recently requested an exemption
from the epilepsy prohibition in 49 CFR 391.41(b)(8), which applies to
drivers who operate CMVs as defined in 49 CFR 390.5, in interstate
commerce. Section 391.41(b)(8) states that a person is physically
qualified to drive a commercial motor vehicle 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 commercial motor vehicle.
FMCSA provides medical advisory criteria for use by medical
examiners in determining whether drivers with certain medical
conditions should be certified to operate commercial motor vehicles in
intrastate commerce. The advisory criteria indicate that if an
individual has had a sudden episode of a non-epileptic seizure or loss
of consciousness of unknown cause which 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 fully recovered 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.
Summary of Applications
Patrick Andreasen
Mr. Andreasen is a 54 year-old Class C driver in the State of
Pennsylvania. He has a history of epilepsy. His last seizure was in
1982. He has remained seizure free for 30 years. He takes anti-seizure
medication with the dosage and frequency remaining the same for 20
years. If granted the exemption, he would like to drive a 15-passenger
bus. His physician states he is supportive of Mr. Andreasen receiving
an exemption and Mr. Andreasen states he feels he would operate a
vehicle at the same safety level as someone who did not require an
exemption.
Samuel D. Beverly
Mr. Beverly is a 46 year-old driver in the State of Virginia. He
has a history of seizures and his last seizure was in 1995. He takes
anti-seizure medication with the dosage and frequency remaining the
same for over 17 years. If granted the exemption, he would like to
drive a dump truck. Mr. Beverly's physician states he is highly
supportive of Mr. Beverly receiving an exemption.
Craig Bugella
Mr. Bugella is a 46 year-old CMV driver in the State of Wisconsin.
He has a history of complex partial and generalized seizures. He has
remained seizure free for 11 years. He takes anti-seizure medication
with the dosage and frequency remaining the same for 11 years. If
granted the exemption, he would like to drive bucket trucks and Derrick
diggers. His physician states he is extremely confident Mr. Bugella can
operate commercial motor vehicles in interstate commerce.
Eric Hilmer
Ms. Hilmer is a 36 year-old Class D driver in the State of
Wisconsin. He has a history of generalized seizure disorder as a child.
His last seizure in October 2007, following a closed head injury and at
that time, he was not taking anti-seizure medication Prior to that
event, his last seizure had been at age 17. He takes anti-seizure
medication with the dosage and frequency remaining the same for 5
years. If granted the exemption, she would like to drive commercial
motor vehicles. His physician is supportive of Mr. Hilmer being granted
an exemption.
Tye Dale Moore
Mr. Moore is a 46 year-old driver in the State of Indiana. He has a
diagnosis of seizure disorder and has remained
[[Page 3081]]
seizure free for more than 20 years. He takes anti-seizure medication
with the dosage and frequency remaining the same for 18 years. If
granted the exemption, he would like to drive tractor trailers in
interstate commerce. His physician states he is supportive of Mr. Moore
receiving an exemption.
Michael C. Ranalli
Mr. Ranalli is a 27 year-old Class CM driver in the State of
Pennsylvania. He has a diagnosis of Juvenile Myoclonic Epilepsy. His
last seizure was in 2006. He has remained seizure free for over 6
years. He takes anti-seizure medication with the dosage and frequency
remaining the same for 6 years. If granted the exemption, he would like
to drive a Class A International Material Handler bucket truck, a
single axle with a gross weight of 22,000 pounds. His physician states
he is supportive of Mr. Ranalli being granted an exemption.
Robert Spencer
Mr. Spencer is a 30 year-old Class E driver in the State of
Florida. He has a diagnosis of seizure disorder and his last seizure
was in February 2009. He has remained seizure free for over 3 years. He
takes anti-seizure medication with the dosage and frequency remaining
the same for over 3years. If granted the exemption, he would like to
drive a delivery van under 26,000 pounds. His physician is supportive
of Mr. Spencer being granted an exemption.
Brian J. Wiggins
Mr. Wiggins is a 52 year-old CMV driver in the State of Idaho.. He
has a diagnosis of seizure disorder and his last seizure was in 1996.
This seizure was the result of his physician taking him off of his
anti-seizure medication. He has remained seizure free for 16 years. He
takes anti-seizure medication with the dosage and frequency remaining
the same for 16 years. He is a diesel mechanic and, if granted the
exemption, would be driving Class 6, 7, and 8 trucks for diagnosis and
repair purposes. His physician is supportive of Mr. Wiggins being
granted an exemption.
Timothy M. Zarahtka
Mr. Zarahtka is a 37 year-old Class D driver in the State of
Minnesota. He suffered a penetrating head injury in 1993 and developed
a seizure disorder following the injury. He was taking anti-seizure
medications with good control until his treating physician changed his
medication to a generic in 2008. His last seizure was in August 2008
and his medication was changed. He has remained seizure-free for 4
years. He takes anti-seizure medication with the dosage and frequency
remaining the same for 4 years. If granted the exemption, he would like
to drive a single axle dump truck. His physician states he is
supportive of Mr. Zarhatka being granted an exemption.
Request for Comments
In accordance with 49 U.S.C. 31315 and 31136(e), FMCSA requests
public comment from all interested persons on the exemption
applications described in this notice. We will consider all comments
received before the close of business on the closing date indicated
earlier in the notice.
Issued on: January 10, 2013.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2013-00712 Filed 1-11-13; 4:15 pm]
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