Qualification of Drivers; Exemption Applications; Epilepsy and Seizure Disorders

Larry W. Minor
Federal Motor Carrier Safety Administration
Federal Register
April 5, 2011

[Federal Register: April 5, 2011 (Volume 76, Number 65)]
[Notices]               
[Page 18822-18823]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr05ap11-118]                         

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2011-0089]

 
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 8 individuals for 
an exemption from the prohibition against persons with a clinical 
diagnosis of epilepsy or any other condition which is likely to cause a 
loss of consciousness or any loss of ability to operate a commercial 
motor vehicle (CMV) from operating CMVs in interstate commerce. If 
granted, the exemptions would enable these individuals with seizure 
disorders to operate CMVs in interstate commerce.

DATES: Comments must be received on or before May 5, 2011.

ADDRESSES: You may submit comments bearing the Federal Docket 
Management System (FDMS) Docket ID FMCSA-2011-0089 using any of the 
following methods:
     Federal eRulemaking Portal: Go to http://
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: 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 http://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 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., 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: Anyone may search the electronic form of all comments 
received into any of our dockets by the name of the individual 
submitting the comment (or of the person signing the comment, if 
submitted on behalf of an association, business, labor union, etc.). 
You may review the DOT's complete Privacy Act Statement in the Federal 
Register published on April 11, 2000 (65 FR 19477-78; Apr. 11, 2000). 
This information is also available at http://Docketinfo.dot.gov.

FOR FURTHER INFORMATION CONTACT: Dr. Mary D. Gunnels, Director, Medical 
Programs, (202) 366-4001, fmcsamedical@dot.gov, FMCSA, Room W64-224, 
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 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 also allow the 
Agency to renew exemptions at the end of the 2-year period. The 8 
individuals listed in this notice have recently 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 commercial motor vehicle 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 commercial motor vehicle.

[[Page 18823]]

    FMCSA provides medical advisory criteria for use by medical 
examiners in determining whether drivers with certain medical 
conditions should be certified to operate commercial motor vehicles in 
intrastate commerce. The advisory criteria indicates that if an 
individual has had a sudden episode of a non-epileptic seizure or loss 
of consciousness of unknown cause which 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 
commercial motor vehicle 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 fully recovered from that 
condition, has no existing residual complications, and is not taking 
anti-seizure medication. Drivers with 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.

Summary of Applications

Brian Sessions

    Mr. Sessions is a CMV driver in the state of Maine. He was 
diagnosed with seizure disorder in 1985 and placed on medication with 
good control until 1989 when his doctor recommended stopping the 
medicine. Mr. Sessions suffered a relapse seizure due to improper 
withdrawal advice in 1989 and resumed his medication. He was withdrawn 
successfully from his anti-seizure medication in 2007 and has remained 
medication free since that time. Mr. Sessions believes that he would 
achieve a level of safety that is equivalent to the level of safety 
obtained by complying with the regulation because he has remained 
seizure-free for 22 years and off anti-seizure medication for 4 years.

Donald Schutz

    Mr. Schutz is a CMV driver in the state of Ohio. He states that he 
was diagnosed with a brain tumor in 2002 and that he suffered a seizure 
due to the tumor in July of that year. He had brain surgery in November 
2002 and the tumor was successfully removed. Mr. Schutz has been taking 
the anti-seizure medication Dilantin since that time and has no further 
seizures. He has his medication levels checked often by blood tests and 
remains compliant with his regimen. Mr. Schutz believes that he would 
achieve a level of safety that is equivalent to the level of safety 
obtained by complying with the regulation because he has remained 
seizure-free for 9 years and has been on anti-seizure medication since 
2002.

Robin L. Sherwood

    Mr. Sherwood is a CMV driver in the state of Idaho. He states that 
he had a seizure caused by a brain tumor in 1997 and that the tumor was 
successfully removed during the same year. Mr. Sherwood has taken anti-
seizure medication (Carbotrol) since 1997 with no further seizure 
activity. His doctor supports Mr. Sherwood's application for exemption 
because of his successful surgery and medication compliance. Mr. 
Sherwood believes that he would achieve a level of safety that is 
equivalent to the level of safety obtained by complying with the 
regulation because he has remained seizure-free since 1997, has an 
excellent driving record, and is compliant with his medication regimen 
for seizures.

Frank Eveland

    Mr. Eveland is a CMV driver in the state of Wisconsin. He was 
diagnosed with one unprovoked seizure in 2003 and placed on the anti-
seizure medication Keppra at that time. His physician states that Mr. 
Eveland has had no further seizures and that his medication level is 
checked regularly by blood tests. The doctor states that Mr. Eveland is 
safe to operate a motor vehicle and that he is compliant with his 
medication. Mr. Eveland believes that he would achieve a level of 
safety that is equivalent to the level of safety obtained by complying 
with the regulation because he has maintained good medication control 
and has remained seizure-free for 8 years.

Frank Cekovic

    Mr. Cekovic is a CMV driver in the state of Pennsylvania. He was 
diagnosed with a seizure disorder in January 2009 and placed on the 
anti-seizure medication Keppra at that time. His treating physician 
states that he is compliant with his medication regimen and that his 
risk of a recurrent seizure is very low. The CMV that he operates is a 
``bucket truck'' for a power and light company and Mr. Cekovic states 
that the maximum distance he drives between job sites is no more than 
20 miles per day.

Paul G. Kane

    Mr. Kane is a CMV operator in the state of Massachusetts and he had 
a seizure in 2006. He had one other seizure in December 2009 and was 
placed on Keppra by his treating physician. Both seizures were listed 
as being from ``unknown causes''. His diagnosis is seizure disorder and 
he has done well on his medication with no further seizures according 
to his treating physician. Mr. Kane states that his maximum daily 
average CMV mileage would be between 5-20 miles per day.

Darren Keith

    Mr. Keith is a CMV driver from Missouri and suffered a seizure in 
October 2009. He was placed on the anti-seizure medication Dilantin at 
that time. Mr. Keith also reported that he had two childhood episodes 
of febrile seizures. Mr. Keith was able to discontinue his medication 
with no ill effects in March 2010 and diagnostic testing revealed that 
he does not exhibit epilepsy symptoms.

Richard Laqua

    Mr. Laqua is a CMV driver from Minnesota and was diagnosed with a 
partial seizure in March 2009. He was placed on the anti-seizure 
medication Trileptal at that time and has had no further seizure 
episodes. Mr. Laqua operates a milk truck.

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: March 29, 2011.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2011-7955 Filed 4-4-11; 8:45 am]
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