Qualification of Drivers; Exemption Applications; Epilepsy and Seizure Disorders |
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Larry W. Minor
Federal Motor Carrier Safety Administration
August 12, 2015
[Federal Register Volume 80, Number 155 (Wednesday, August 12, 2015)]
[Notices]
[Pages 48406-48408]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-19797]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2015-0117]
Qualification of Drivers; Exemption Applications; Epilepsy and
Seizure Disorders
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.
ACTION: Notice of applications for exemptions; request for comments.
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SUMMARY: FMCSA announces receipt of applications from 12 individuals
for 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 commercial
motor vehicle (CMV) 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 up to 2 years in interstate
commerce.
DATES: Comments must be received on or before September 11, 2015.
ADDRESSES: You may submit comments bearing the Federal Docket
Management System (FDMS) Docket ID FMCSA-2015-0117 using any of the
following methods:
Federal eRulemaking Portal: Go to 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 or Courier: 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 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 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: 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 records notice (DOT/ALL-14 FDMS), which can be reviewed at
www.dot.gov/privacy.
FOR FURTHER INFORMATION CONTACT: Charles A. Horan, III, Director,
Office of Carrier, Driver and Vehicle Safety, (202) 366-4001, or via
email at fmcsamedical@dot.gov, or by letter to 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 up to 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
allow the Agency to renew exemptions at the end of the 2-year period.
The 12 individuals listed in this notice have 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 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.
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 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
[[Page 48407]]
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-2015-0117'' 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-2015-0117'' and click ``Search.'' Next, click ``Open Docket
Folder'' and you will find all documents and comments related to the
proposed rulemaking.
Summary of Applications
Nicholes Arroyo
Mr. Arroyo is a 33 year-old driver in New Jersey. He has a history
of epilepsy and has remained seizure free for one year. He takes anti-
seizure medication with the dosage and frequency remaining the same
since 2006. If granted the exemption, he would like to drive a CMV. His
physician states that he is supportive of Mr. Arroyo receiving an
exemption.
Eric Joseph Barnwell
Mr. Barnwell is a 43 year-old class A CDL holder in Michigan. He
has a history of a seizure disorder and has remained seizure free since
1990. He takes anti-seizure medication with the dosage and frequency
remaining the same since that time. If granted the exemption, he would
like to drive a CMV. His physician states that he is supportive of Mr.
Barnwell receiving an exemption.
Kevin Scott Brelsford
Mr. Brelsford is a 40 year-old class A CDL holder in Maine. He has
a history of epilepsy and has remained seizure free since 2010. He
takes anti-seizure medication with the dosage and frequency remaining
the same since that time. If granted the exemption, he would like to
drive a CMV. His physician states that he is supportive of Mr. Brelsord
receiving an exemption.
Jason S. Coleman
Mr. Coleman is a 43 year-old driver in New Jersey. He has a history
of a seizure disorder and has remained seizure free since 1994. He
takes anti-seizure medication with the dosage and frequency remaining
the same since that time. If granted the exemption, he would like to
drive a CMV. His physician states that he is supportive of Mr. Coleman
receiving an exemption.
Donald Adin Horst
Mr. Horst is a 65 year-old driver in Maryland. He has a history of
a single seizure in 2009. He takes anti-seizure medication with the
dosage and frequency remaining the same since that time. If granted the
exemption, he would like to drive a CMV. His physician states that he
is supportive of Mr. Horst receiving an exemption.
Bradley Jolley
Mr. Jolley is a 40 year-old driver in New Jersey. He has a history
of epilepsy and has remained seizure free since 2006. He takes anti-
seizure medication with the dosage and frequency remaining the same
since that time. If granted the exemption, he would like to drive a
CMV. His physician states that he is supportive of Mr. Jolley receiving
an exemption.
Charles A. McCarthy III
Mr. McCarthy is a 68 year-old class B CDL holder in Massachusetts.
He has a history of a single seizure in 1998. He takes anti-seizure
medication with the dosage and frequency remaining the same since 2013.
If granted the exemption, he would like to drive a CMV. His physician
states that he is supportive of Mr. McCarthy receiving an exemption.
Paul Eric Ray
Mr. Ray is a 49 year-old driver in Iowa. He has a history of
epilepsy and has remained seizure free since 2006, although he
experiences stereotypical auras. He takes anti-seizure medication with
the dosage and frequency remaining the same since 2013. If granted the
exemption, he would like to drive a CMV. His physician states that he
is supportive of Mr. Ray receiving an exemption.
Randy P. Schuelke
Mr. Schuelke is a 54 year-old class A CDL holder in Wisconsin. He
has a history of epilepsy and has remained seizure free since 2004. He
takes anti-seizure medication with the dosage and frequency remaining
the same since that time. If granted the exemption, he would like to
drive a CMV. His physician states that he is supportive of Mr. Schuelke
receiving an exemption.
Eric Lee Troendle
Mr. Troendle is a 38 year-old class A CDL holder in Iowa. He has a
history of a brain tumor and has remained seizure free since 2014. He
takes anti-seizure medication with the dosage and frequency remaining
the same since that time. If granted the exemption, he would like to
drive a CMV. His physician states that he is supportive of Mr. Troendle
receiving an exemption.
Brian J. Underwood
Mr. Underwood is a 42 year-old class A CDL holder in Ohio. He has a
history of epilepsy and has remained seizure free since 2003. He takes
anti-seizure medication with the dosage and frequency remaining the
same since 2013. If granted the exemption, he would like to drive a
CMV. His physician states that he is supportive of Mr. Underwood
receiving an exemption.
Cory R. Wagner
Mr. Wagner is a 40 year-old class A CDL holder in Illinois. He has
a history of epilepsy and has remained seizure free since 1997. 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 CMV. His physician states that he is supportive of Mr. Wagner
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
[[Page 48408]]
this notice. We will consider all comments received before the close of
business on the closing date indicated earlier in the notice.
Issued on: July 28, 2015.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2015-19797 Filed 8-11-15; 8:45 am]
BILLING CODE 4910-EX-P