Qualification of Drivers; Exemption Applications; Epilepsy and Seizure Disorders |
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Larry W. Minor
Federal Motor Carrier Safety Administration
10 September 2018
[Federal Register Volume 83, Number 175 (Monday, September 10, 2018)]
[Notices]
[Pages 45724-45726]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-19643]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2018-0054]
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) 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 October 10, 2018.
ADDRESSES: You may submit comments bearing the Federal Docket
Management System (FDMS) Docket No. FMCSA-2018-0054 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.,
E.T., 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 of 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
[[Page 45725]]
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 five-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
five-year period. FMCSA grants exemptions from the FMCSRs for a two-
year period to align with the maximum duration of a driver's medical
certification.
The 11 individuals listed in this notice have requested an
exemption from the epilepsy and seizure disorders 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 states 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. Before
certification is considered, it is suggested that a six-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 five-
year period 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, FMCSA announced in a Notice of Final
Disposition titled, Qualification of Drivers; Exemption Applications;
Epilepsy and Seizure Disorders, (78 FR 3069), 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 and seizure
disorders 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
Jonathan A. Arrieta
Mr. Arrieta is a 35-year-old Class A CDL holder in Florida. He has
a history of epilepsy and has been seizure free since 2008. He takes
anti-seizure medication with the dosage and frequency remaining the
same since 2009. His physician states that he is supportive of Mr.
Arrieta receiving an exemption.
Jose F.J. Cabrera Maciel
Mr. Cabrera Maciel is a 27-year-old Class C driver in California.
He has a history of a single unprovoked seizure and has been seizure
free since 2012. He stopped taking anti-seizure medication in 2014. His
physician states that he is supportive of Mr. Cabrera Maciel receiving
an exemption.
Pietro Capobianco
Mr. Capobianco is a 48-year-old Class D driver in New Jersey. He
has a history of epilepsy and has been seizure free since 2010. He
takes anti-seizure medication with the dosage and frequency remaining
the same since 2010. His physician states that he is supportive of Mr.
Capobianco receiving an exemption.
Armando B. Castro Jr.
Mr. Castro is a 59-year-old Class A CDL holder in Nevada. He has a
history of epilepsy and has been seizure free since 1986. He takes
anti-seizure medication with the dosage and frequency remaining the
same since March 2014. His physician states that he is supportive of
Mr. Castro receiving an exemption.
Joshua Cirilo
Mr. Cirilo is a 39-year-old Class D driver in Minnesota. He has a
history of epilepsy and has been seizure free since 1997. He stopped
taking anti-seizure medication in 1997. His physician states that he is
supportive of Mr. Cirilo receiving an exemption.
Barbara A. Cruz
Ms. Cruz is a 37-year-old driver in Indiana. She has a history of a
single provoked seizure and has been seizure free since 2008. She
stopped taking anti-seizure medications in 2009. Her physician states
that he is supportive of Ms. Cruz receiving an exemption.
Gail A. Hackathorn
Mr. Hackathorn is a 55-year-old Class A CDL holder in Iowa. He has
a history of epilepsy and has been seizure free since 1985. He takes
anti-seizure medication with the dosage and
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frequency remaining the same since 1985. His physician states that he
is supportive of Mr. Hackathorn receiving an exemption.
Jose G. Lara-Ramirez
Mr. Lara-Ramirez is a 47-year-old Class A driver in Nevada. He has
a history of epilepsy and has been seizure free since 2001. He takes
anti-seizure medication with the dosage and frequency remaining the
same since 2001. His physician states that she is supportive of Mr.
Lara-Ramirez receiving an exemption.
Bryan F. Sheehan
Mr. Sheehan is a 34-year-old Class E driver in Florida. He has a
history of epilepsy and has been seizure free since May 2010. He takes
anti-seizure medication with the dosage and frequency remaining the
same since 2010. His physician states that he is supportive of Mr.
Sheehan receiving an exemption.
Francis L. Stimpson
Mr. Stimpson is a 66-year-old Class A CDL holder in Idaho. He has a
history of epilepsy and has been seizure free since 1983. He takes
anti-seizure medication with the dosage and frequency remaining the
same since 2003. His physician states that he is supportive of Mr.
Stimpson receiving an exemption.
Christopher A. Steinke
Mr. Steinke is a 26-year-old Class D driver in Wisconsin. He has a
history of seizure disorder and has been seizure free since 2004. He
stopped taking anti-seizure medication in 2009. His physician states
that he is supportive of Mr. Steinke 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-2018-0054 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 materials received during the
comment period. FMCSA may issue a final determination at 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-2018-0054 and click ``Search.'' Next, click
``Open Docket Folder'' and you will find all documents and comments
related to this notice.
Issued on: August 30, 2018.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2018-19643 Filed 9-7-18; 8:45 am]
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