Qualification of Drivers; Exemption Applications; Epilepsy and Seizure Disorders |
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Larry W. Minor
Federal Motor Carrier Safety Administration
14 October 2016
[Federal Register Volume 81, Number 199 (Friday, October 14, 2016)]
[Notices]
[Pages 71179-71181]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-24943]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2016-0007]
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 11 individuals
for an exemption from the prohibition in the Federal Motor Carrier
Safety Regulations (FMCSRs) 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 control a commercial motor
vehicle (CMV) to drive in interstate commerce. If granted, the
exemptions would enable these individuals who have had one or more
seizures and are taking anti-seizure medication to operate CMVs in
interstate commerce.
DATES: Comments must be received on or before November 14, 2016.
ADDRESSES: You may submit comments bearing the Federal Docket
Management System (FDMS) Docket No. FMCSA-2016-0007 using any of the
following methods:
Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the online 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.
Instructions: Each submission must include the Agency name and the
docket number(s) for this notice. Note that all comments received will
be posted without change to http://www.regulations.gov, including any
personal information provided. Please see the Privacy Act heading below
for further information.
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., e.t., 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 online.
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 http://www.regulations.gov as described in
the system records notice (DOT/ALL-14 FDMS), which can be reviewed at
http://www.dot.gov/privacy.
FOR FURTHER INFORMATION CONTACT: Ms. Christine A. Hydock, Chief,
Medical Programs Division, (202) 366-4001, fmcsamedical@dot.gov, FMCSA,
Department of Transportation, 1200 New Jersey Avenue SE., Room W64-224,
Washington, DC 20590-0001. Office hours are 8:30 a.m. to 5 p.m., e.t.,
Monday through Friday, except Federal holidays. If you have questions
regarding viewing or submitting material to the docket, contact Docket
Services, telephone (202) 366-9826.
SUPPLEMENTARY INFORMATION:
I. Background
Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption
from the FMCSRs for a two-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
statute also allows the Agency to renew exemptions at the end of the
two-year period.
The 11 individuals listed in this notice have requested an
exemption from the epilepsy prohibition in 49 CFR 391.41(b)(8).
Accordingly, the Agency will evaluate the qualifications of each
applicant to determine whether granting the exemption will achieve the
required level of safety mandated by statute.
The physical qualification standard for drivers regarding epilepsy
found in 49 CFR 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.
In addition to the regulations, FMCSA has published advisory
criteria \1\ to assist Medical Examiners in determining whether drivers
with certain medical conditions are qualified to operate a CMV in
interstate commerce. [49 CFR part 391, APPENDIX A TO PART 391--MEDICAL
ADVISORY CRITERIA, section H. Epilepsy: Sec. 391.41(b)(8), paragraphs
3, 4, and 5.]
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\1\ See http://www.ecfr.gov/cgi-bin/text-idx?SID=e47b48a9ea42dd67d999246e23d97970&mc=true&node=pt49.5.391&rgn=div5#ap49.5.391_171.a and https://www.gpo.gov/fdsys/pkg/CFR-2015-title49-vol5/pdf/CFR-2015-title49-vol5-part391-appA.pdf.
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The advisory criteria state the following:
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. Prior to
considering certification, it is suggested there be a six-month waiting
period from the time of the episode. Following the waiting period, it
is suggested that the individual undergo a complete neurological
examination. If the results of the examination are negative and anti-
seizure medication is not required, 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
[[Page 71180]]
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 who have had a single
unprovoked seizure may be qualified to drive a CMV in interstate
commerce if seizure-free and off anti-seizure medication for five years
or more.
As a result of Medical Examiners misinterpreting advisory criteria
as regulation, numerous drivers have been prohibited from operating a
CMV 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 based on the physical qualification standards and medical best
practices.
On January 15, 2013, in a Notice of Final Disposition entitled,
``Qualification of Drivers; Exemption Applications; Epilepsy and
Seizure Disorders,'' (78 FR 3069), FMCSA announced its decision to
grant requests from 22 individuals for exemptions from the regulatory
requirement that interstate CMV drivers have ``no established medical
history or clinical diagnosis of epilepsy or any other condition which
is likely to cause loss of consciousness or any loss of ability to
control a CMV.'' Since the January 15, 2013 notice, the Agency has
published additional notices granting requests from individuals for
exemptions from the regulatory requirement regarding epilepsy found in
49 CFR 391.41(b)(8).
To be considered for an exemption from the epilepsy prohibition in
49 CFR 391.41(b)(8), applicants must meet the criteria in the 2007
recommendations of the Agency's Medical Expert Panel (MEP) (78 FR
3069).
II. Qualifications of Applicants
Kevin Beamon
Mr. Beamon is a 56 year-old class A CDL holder in New York. He has
a history of a seizure in 2007. He takes anti-seizure medication with
the dosage and frequency remaining the same since 2011. His physician
states that he is supportive of Mr. Beamon receiving an exemption.
Marvin Lavern Fender
Mr. Fender is a 63 year-old class A CDL holder in Colorado. He has
a history of a seizure disorder and his last seizure was in 1996. He
takes anti-seizure medication with the dosage and frequency remaining
the same since that time. His physician states that he is supportive of
Mr. Fender receiving an exemption.
Michael Charles Grant
Mr. Grant is a 54 year-old driver in South Carolina. He has a
history of a seizure disorder and his last seizure was in 1995. He
takes anti-seizure medication with the dosage and frequency remaining
the same since 2013. His physician states that he is supportive of Mr.
Grant receiving an exemption.
Todd W. Hines
Mr. Hines is a 46 year-old class B CDL holder in Ohio. He has a
history of a brain tumor removal and a single seizure in 2002. He takes
anti-seizure medication with the dosage and frequency remaining the
same since 2006. His physician states that he is supportive of Mr.
Hines receiving an exemption.
John A. Kangas
Mr. Kangas is a 44 year-old class A CDL holder in Michigan. He has
a history of epilepsy and his last seizure was in 2001. He takes anti-
seizure medication with the dosage and frequency remaining the same
since that time. His physician states that he is supportive of Mr.
Kangas receiving an exemption.
Chad Thomas Knott
Mr. Knott is a 24 year-old driver in Maryland. He has a history of
juvenile epilepsy and his last seizure was in 2008. He takes anti-
seizure medication with the dosage and frequency remaining the same
since that time. His physician states that he is supportive of Mr.
Knott receiving an exemption.
Duane Scott Mahin
Mr. Mahin is a 56 year-old driver in Kansas. He has a history of
juvenile epilepsy and his last seizure was in 1977. He has not taken
anti-seizure medication since 1982. His physician states that he is
supportive of Mr. Mahin receiving an exemption.
Cornelius L. Page
Mr. Page is a 55 year-old driver in Maryland. He has a history of a
seizure disorder and his last seizure was in 2004. He takes anti-
seizure medication with the dosage and frequency remaining the same
since 2013. His physician states that he is supportive of Mr. Page
receiving an exemption.
Curtis Joseph Palubicki
Mr. Palubicki is a 30 year-old driver in Minnesota. He has a
history of epilepsy and his last seizure was in September 2008. He
takes anti-seizure medication with the dosage and frequency remaining
the same since that time. His physician states that he is supportive of
Mr. Palubicki receiving an exemption.
Daniel A. Pierstorff
Mr. Pierstorff is a 48 year-old class A CDL holder in Wisconsin. He
has a history of epilepsy and his last seizure was in 1982. He takes
anti-seizure medication with the dosage and frequency remaining the
same since 2013. His physician states that he is supportive of Mr.
Pierstorff receiving an exemption.
William M. Powderly
Mr. Powderly is a 33 year-old driver in California. He has a
history of a seizure disorder and his last seizure was in 2002. He
takes anti-seizure medication with the dosage and frequency remaining
the same since that time. His physician states that he is supportive of
Mr. Powderly receiving an exemption.
III. Request for Comments
In accordance with 49 U.S.C. 31136(e) and 31315, FMCSA requests
public comment from all interested persons on the exemption petitions
described in this notice. We will consider all comments received before
the close of business on the closing date indicated in the dates
section of the notice.
IV. 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-2016-0007'' 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
[[Page 71181]]
like to know that they reached the facility, please enclose a stamped,
self-addressed postcard or envelope.
We will consider all comments and materials received during the
comment period. FMCSA may issue a final determination any time after
the close of the comment period.
V. Viewing Comments and Documents
To view comments, as well as any documents mentioned in this
preamble, go to http://www.regulations.gov and in the search box insert
the docket number FMCSA-2016-0007 and click ``Search.'' Next, click
``Open Docket Folder'' and you will find all documents and comments
related to this notice.
Issued on: October 7, 2016.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2016-24943 Filed 10-13-16; 8:45 am]
BILLING CODE 4910-EX-P