Qualification of Drivers; Exemption Applications; Epilepsy and Seizure Disorders

Larry W. Minor
Federal Motor Carrier Safety Administration
July 12, 2013

[Federal Register Volume 78, Number 134 (Friday, July 12, 2013)]
[Notices]
[Pages 41988-41990]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-16685]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2013-0107]


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 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 August 12, 2013.

ADDRESSES: You may submit comments bearing the Federal Docket 
Management System (FDMS) Docket ID FMCSA-2013-0107 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 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

[[Page 41989]]

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 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 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.

Summary of Applications

Selene Anderson

    Ms. Anderson is a 58 year-old driver in Tennessee. She suffered 
seizures as a child and has been seizure-free since 1968. She takes 
anti-seizure medication with the dosage and frequency remaining the 
same for over 2 years.

Christopher Bird

    Mr. Bird is a 29 year-old driver in Ohio. He has a diagnosis of 
epilepsy and has remained seizure-free for over 15 years. He takes 
anti-seizure medication with the dosage and frequency remaining the 
same for over 5 years. His physician is supportive of Mr. Bird 
receiving an exemption.

Fletcher Dortch

    Mr. Dortch is a 58 year-old driver in Maryland. He had a single 
seizure in 2007. He takes anti-seizure medication with the dosage and 
frequency remaining the same for over 5 years. His physician is 
supportive of Mr. Dortch receiving an exemption.

Michael Kramer

    Mr. Kramer is a 46 year-old driver in Kansas. He had a seizure due 
to a brain tumor which was removed in 2009. He has remained seizure-
free since that time. He does not require anti-seizure medication. His 
physician is supportive of Mr. Kramer receiving an exemption.

Edward Nissenbaum

    Mr. Nissenbaum is a 61 year-old driver in Pennsylvania. He had a 
seizure in 1999. He takes anti-seizure medication with the dosage and 
frequency remaining the same since that time. His physician is 
supportive of Mr. Nissenbaum receiving an exemption.

Stanislav Spielvogel

    Mr. Spielvogel is a 55 year-old driver in Connecticut. He has a 
diagnosis of epilepsy and has remained seizure-free for over 20 years. 
He takes anti-seizure medication with the dosage and frequency 
remaining the same since 2006. His physician is supportive of Mr. 
Spielvogel receiving an exemption.

Stephen Stawinsky

    Mr. Stawinsky is a 54 year-old driver in Pennsylvania. He had a 
seizure in 1995 and has been seizure-free for over 20 years. He takes 
anti-seizure medication with the dosage and frequency remaining the 
same since 2005. His physician is supportive of Mr. Stawinsky receiving 
an exemption.

Lyle Trimm

    Mr. Trimm is a 55 year-old driver in New Jersey. He had a seizure 
in 2007 and has been seizure-free for 6 years. He takes anti-seizure 
medication with the dosage and frequency remaining the same since that 
time.

George Webb

    Mr. Webb is a 71 year-old driver in Massachusetts. He has a history 
of seizure disorder and has remained seizure-free for over 24 years. He 
takes anti-seizure medication with the dosage and frequency remaining 
the same since that time. His physician is supportive of Mr. Webb 
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.


[[Page 41990]]


    Issued on: July 8, 2013.
 Larry W. Minor,
 Associate Administrator for Policy.
[FR Doc. 2013-16685 Filed 7-11-13; 8:45 am]
BILLING CODE 4910-EX-P