Qualification of Drivers; Exemption Applications; Epilepsy and Seizure Disorders |
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Larry W. Minor
Federal Motor Carrier Safety Administration
4 December 2019
[Federal Register Volume 84, Number 233 (Wednesday, December 4, 2019)]
[Notices]
[Pages 66446-66447]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-26185]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2019-0036]
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 seven 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 January 3, 2020.
ADDRESSES: You may submit comments identified by the Federal Docket
Operations Docket No. FMCSA-2019-0036 using any of the following
methods:
Federal eRulemaking Portal: Go to http://www.regulations.gov/docket?D=FMCSA-2019-0036. Follow the online
instructions for submitting comments.
Mail: Docket Operations; 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.,
ET, Monday through Friday, except Federal Holidays.
Fax: (202) 493-2251.
To avoid duplication, please use only one of these four methods.
See the ``Public Participation'' portion of the SUPPLEMENTARY
INFORMATION section for instructions on submitting comments.
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., ET,
Monday through Friday, except Federal holidays. If you have questions
regarding viewing or submitting material to the docket, contact Docket
Operations, (202) 366-9826.
SUPPLEMENTARY INFORMATION:
I. Public Participation
A. Submitting Comments
If you submit a comment, please include the docket number for this
notice (Docket No. FMCSA-2019-0036), indicate the specific section of
this document to which each comment applies, and provide a reason for
each suggestion or recommendation. 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/docket?D=FMCSA-2019-0036. Click on the ``Comment Now!'' button and type
your comment into the text box on the following screen. Choose whether
you are submitting your comment as an individual or on behalf of a
third party and then submit.
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.
FMCSA will consider all comments and material received during the
comment period.
B. Viewing Documents and Comments
To view comments, as well as any documents mentioned in this notice
as being available in the docket, go to http://www.regulations.gov/docket?D=FMCSA-2019-0036 and choose the document to review. If you do
not have access to the internet, you may view the docket online by
visiting the Docket Operations in Room W12-140 on the ground floor of
the DOT West Building, 1200 New Jersey Avenue SE, Washington, DC 20590,
between 9 a.m. and 5 p.m., ET, Monday through Friday, except Federal
holidays.
C. 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
of records notice (DOT/ALL-14 FDMS), which can be reviewed at
www.dot.gov/privacy.
II. Background
Under 49 U.S.C. 31136(e) and 31315(b), FMCSA may grant an exemption
from the FMCSRs for no longer than a 5-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 5-year period. FMCSA grants medical exemptions from the
FMCSRs for a 2-year period to align with the maximum duration of a
driver's medical certification.
The seven 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 Sec. 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 (MEs) in determining whether
drivers with certain medical conditions are qualified to operate a CMV
in interstate commerce.
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\1\ These criteria may be found in APPENDIX A TO PART 391--
MEDICAL ADVISORY CRITERIA, section H. Epilepsy: Sec. 391.41(b)(8),
paragraphs 3, 4, and 5, which is available on the internet at
https://www.gpo.gov/fdsys/pkg/CFR-2015-title49-vol5/pdf/CFR-2015-title49-vol5-part391-appA.pdf.
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The criteria states that if an individual has had a sudden episode
of a non-epileptic seizure or loss of
[[Page 66447]]
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 ME 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 has 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.
As a result of MEs 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 ME 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 that time, the Agency has published additional
notices granting requests from individuals for exemptions from the
regulatory requirement regarding epilepsy found in Sec. 391.41(b)(8).
To be considered for an exemption from the epilepsy and seizure
disorders prohibition in Sec. 391.41(b)(8), applicants must meet the
criteria in the 2007 recommendations of the Agency's Medical Expert
Panel (78 FR 3069).
III. Qualifications of Applicants
David Crouch
Mr. Crouch is a 63-year-old class D driver in Kentucky. He has a
history of seizure disorder and has been seizure free since 1995. He
takes anti-seizure medication with the dosage and frequency remaining
the same since May 2012. His physician states that he is supportive of
Mr. Crouch receiving an exemption.
Demetrius Furman
Mr. Furman is a 45-year-old class A CDL holder in South Dakota. He
has a history of seizure disorder and has been seizure free since 2009.
He takes anti-seizure medication with the dosage and frequency
remaining the same since June 2010. His physician states that he is
supportive of Mr. Furman receiving an exemption.
Christopher Gilbert
Mr. Gilbert is a 33-year-old class D driver in Virginia. He has a
history of seizure disorder and has been seizure free since 2011. He
takes anti-seizure medication with the dosage and frequency remaining
the same since 2011. His physician states that he is supportive of Mr.
Gilbert receiving an exemption.
Jeffrey Koesterer
Mr. Koesterer is a 49-year-old class A CDL holder in Missouri. He
has a history of a single provoked seizure and has been seizure free
since 1994. His anti-seizure medications were discontinued in 1994. His
physician states that he is supportive of Mr. Koesterer receiving an
exemption.
Kevin Market
Mr. Market is a 40-year-old class D driver in Ohio. He has a
history of single provoked seizure and has been seizure free since
2010. He takes anti-seizure medication with the dosage and frequency
remaining the same since May 2011. His physician states that he is
supportive of Mr. Market receiving an exemption.
Randy Wentz
Mr. Wentz is a 52-year-old class CM driver in Pennsylvania. He has
a history of seizure disorder and has been seizure free since 2002. He
takes anti-seizure medication with the dosage and frequency remaining
the same since 2002. His physician states that she is supportive of Mr.
Wentz receiving an exemption.
Robert Williams
Mr. Williams is a 52-year-old class A CDL holder in Illinois. He
has a history of seizure disorder and has been seizure free since 2002.
He takes anti-seizure medication with the dosage and frequency
remaining the same since 2002. His physician states that she is
supportive of Mr. Williams receiving an exemption.
IV. Request for Comments
In accordance with 49 U.S.C. 31136(e) and 31315(b), 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 under the DATES
section of the notice.
Issued on: November 26, 2019.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2019-26185 Filed 12-3-19; 8:45 am]
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