Qualification of Drivers; Exemption Applications; Epilepsy and Seizure Disorders |
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Larry W. Minor
Federal Motor Carrier Safety Administration
November 12, 2015
[Federal Register Volume 80, Number 218 (Thursday, November 12, 2015)]
[Notices]
[Pages 70065-70067]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-28739]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2015-0119]
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 13 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 December 14, 2015.
ADDRESSES: You may submit comments bearing the Federal Docket
Management System (FDMS) Docket ID FMCSA-2015-0119 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: Christine A. Hydock, Chief, Medical
Programs Division, (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,
[[Page 70066]]
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 13 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 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-2015-0119'' 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-2015-0119'' and click ``Search.'' Next, click ``Open Docket
Folder'' and you will find all documents and comments related to the
proposed rulemaking.
Summary of Applications
Christopher Wayne Beaver
Mr. Beaver is a 45 year-old driver in Pennsylvania. He has a
history of a single seizure and has remained seizure free since April
2014. He takes anti-seizure medication with the dosage and frequency
remaining the same since July 2014. If granted the exemption, he would
like to drive a CMV. His physician states that he is supportive of Mr.
Beaver receiving an exemption.
Daniel Gerald Bretz, Jr.
Mr. Bretz is a 40 year-old driver in Pennsylvania. He has a history
of a seizure disorder and has remained seizure free since 2011. 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. Bretz
receiving an exemption.
Kenneth Lee Brown
Mr. Brown is a 63 year-old class A CDL holder in Wyoming. He has a
history of seizure prior to a meningioma resection in 2003. 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. Brown
receiving an exemption.
Douglas Ray Burkhardt
Mr. Burkhardt is a 54 year-old class B CDL holder in South Dakota.
He has a history of a seizure disorder and has remained seizure free
since 1991. He takes anti-seizure medication with the dosage and
frequency remaining the same since September 2013. If granted the
exemption, he would like to drive a CMV. His physician states that he
is supportive of Mr. Burkhardt receiving an exemption.
Patrick P. Griffis, Sr.
Mr. Griffis is a 60 year-old driver in Mississippi. He has a
history of two seizures and has remained seizure free since February
2015. 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.
Griffis receiving an exemption.
Curtis Alan Hartman
Mr. Hartman is a 50 year-old class B CDL holder in Maryland. 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 since 2002. If granted the exemption, he would like to drive a
CMV. His physician states that he is supportive of Mr. Hartman
receiving an exemption.
Wendell Frank Headley, Jr.
Mr. Headley is a 31 year-old driver in Missouri. He has a history
of a seizure disorder and has remained seizure free since 2007. He
takes anti-seizure
[[Page 70067]]
medication with the dosage and frequency remaining the same since 2010.
If granted the exemption, he would like to drive a CMV. His physician
states that he is supportive of Mr. Headley receiving an exemption.
Gregory L. Hrutkay
Mr. Hrutkay is a 66 year-old class A CDL holder in driver in
Pennsylvania. He has a history of a seizure disorder and has remained
seizure free since 2005. 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. Hrutkay receiving an exemption.
Trever Bryant Jacobson
Mr. Jacobson is a 33 year-old driver in North Dakota. He has a
history of a single seizure prior to benign brain tumor removal in
2012. 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.
Jacobson receiving an exemption.
Michael William Ketchum, Sr.
Mr. Ketchum is a 60 year-old driver in Michigan. He has a history
of a single seizure in 1972. He takes anti-seizure medication with the
dosage and frequency remaining the same since 2004. If granted the
exemption, he would like to drive a CMV. His physician states that he
is supportive of Mr. Ketchum receiving an exemption.
Marion Franklin Legg, Jr.
Mr. Legg is a 60 year-old driver in Maryland. He has a history of a
single unprovoked seizure in October 2011. 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. Legg receiving an
exemption.
Alvin Clarence Strite
Mr. Strite is a 55 year-old class A CDL holder in Pennsylvania. He
has a history of a seizure disorder and has remained seizure free since
2007. He takes anti-seizure medication with the dosage and frequency
remaining the same since September 2013. If granted the exemption, he
would like to drive a CMV. His physician states that he is supportive
of Mr. Strite receiving an exemption.
Thomas B. Vivirito
Mr. Vivirito is a 31 year-old class B CDL holder in Pennsylvania.
He has a history of a single unprovoked seizure in 2008. 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. Vivirito
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: November 5, 2015.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2015-28739 Filed 11-10-15; 8:45 am]
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