Qualification of Drivers; Exemption Applications; Epilepsy and Seizure Disorders |
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Larry W. Minor
Federal Motor Carrier Safety Administration
September 16, 2013
[Federal Register Volume 78, Number 179 (Monday, September 16, 2013)]
[Notices]
[Pages 56984-56986]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-22489]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2013-0108]
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 6 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 October 16, 2013.
ADDRESSES: You may submit comments bearing the Federal Docket
Management System (FDMS) Docket ID FMCSA-2013-0108 using any of the
following methods:
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
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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 January 17, 2008 (73 FR 3316; January 17, 2008).
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 6
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 CMV.
FMCSA provides medical advisory criteria for use by medical
examiners in determining whether drivers with certain medical
conditions should be certified to operate CMVs 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.
Submitting Comments
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 http://www.regulations.gov and
in the search box insert the docket number ``FMCSA-2013-0108'' and
click the search button. When the new screen appears, click on the blue
``Comment Now!'' button on the right hand side of the page. On the new
page, enter information required including the specific section of this
document to which each comment applies, and provide a reason for each
suggestion or recommendation. If you submit your comments by mail or
hand delivery, submit them in an unbound format, no larger than 8\1/2\
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.
We will consider all comments and material received during the
comment period and may change this proposed rule based on your
comments. FMCSA may issue a final rule at any time after the close of
the comment period.
Viewing Comments and Documents
To view comments, as well as any documents mentioned in this
preamble, To submit your comment online, go to http://www.regulations.gov and in the search box insert the docket number
``FMCSA-2013-0108'' and click ``Search.'' Next, click ``Open Docket
Folder'' and you will find all documents and comments related to the
proposed rulemaking.
Summary of Applications
Stephen Amell, Sr.
Mr. Amell is a 55 year-old driver in Vermont. He has a history of a
single seizure in 2004 and has remained seizure free since that time.
He takes anti-seizure medication with the dosage and frequency
remaining the same since 2007. If granted the exemption, he would like
to drive a CMV. His physician states he is supportive of Mr. Amell
receiving an exemption.
Erik Fleiner
Mr. Fleiner is a 25 year-old class A commercial driver's license
holder in Nevada. He has a history of seizures and has remained seizure
free for at least 10 years. He takes anti-seizure medication with the
dosage and frequency remaining the same for 10 years. If granted the
exemption, he would like to continue to drive a CMV. His physician
states he is supportive of Mr. Fleiner receiving an exemption.
Gary Freeman
Mr. Freeman is a 48 year-old class A commercial driver's license
holder in Wisconsin. He has a history of seizures and has remained
seizure free for at least 10 years. He takes anti-seizure medication
with the dosage and frequency remaining the same for over 7 years. If
granted the exemption, he
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would like to continue to drive large trucks with trailers. He owns and
operates a transport business and would like to continue to drive for
his business. His physician states he is supportive of Mr. Freeman
receiving an exemption.
David Kestner
Mr. Kestner is a 28 year-old driver in Virginia. He has a history
of epilepsy and has remained seizure free for 9 years. He takes anti-
seizure medication with the dosage and frequency remaining the same for
5 years. If granted the exemption, he would like to drive a tractor
trailer. His physician states he is supportive of Mr. Kestner receiving
an exemption.
Paul G. Kane
Mr. Kane is a 56 year-old driver in Massachusetts. He has a history
of seizures and has remained seizure free since December 2009. He takes
anti-seizure medication with the dosage and frequency remaining the
same for over 2 years. If granted the exemption, he would like to drive
a truck over 10,001 lbs. His physician states he is supportive of Mr.
Kane receiving an exemption.
Chad Smith
Mr. Smith is a 36 year-old driver in Massachusetts. He has a
history of seizures and has remained seizure free for at least 15
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 continue to transport automobiles from auctions to dealers. His
physician states that he is supportive of Mr. Smith receiving 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: September 9, 2013.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2013-22489 Filed 9-13-13; 8:45 am]
BILLING CODE 4910-EX-P