Qualification of Drivers; Exemption Applications; Epilepsy and Seizure Disorders |
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Larry W. Minor
Federal Motor Carrier Safety Administration
January 15, 2013
[Federal Register Volume 78, Number 10 (Tuesday, January 15, 2013)]
[Notices]
[Pages 3077-3079]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-00713]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2012-0094]
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 14 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. 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 2
years in interstate commerce.
DATES: Comments must be received on or before February 14, 2013.
ADDRESSES: You may submit comments bearing the Federal Docket
Management System (FDMS) Docket ID FMCSA-2012-0094--using any of the
following methods:
Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the on-line instructions for submitting
comments.
[[Page 3078]]
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 January 17, 2008 (73 FR 3316; January 17, 2008).
This information is also available at http://Docketinfo.dot.gov.
FOR FURTHER INFORMATION CONTACT: Elaine Papp, Chief, Medical Programs
Division, (202) 366-4001, or via email at fmcsamedical@dot.gov, or by
letter FMCSA, Room W64-113, 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 14
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.
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 indicate 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 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 fully recovered 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.
Summary of Applications
Salvatore Gerard Adamita
Mr. Adamita is a 45 year-old CMV driver in the state of Florida. He
has a history of epilepsy and has had two seizures in his lifetime; the
last seizure was in 1992. He has remained seizure free for 20 years. He
takes anti-seizure medication with the dosage and frequency remaining
the same for 20 years. If granted the exemption, he would like to drive
straight trucks or single tractor trailer trucks. His physician states
he is supportive of Mr. Adamita receiving an exemption and Mr. Adamita
states he feels he would operate a vehicle at the same safety level as
someone who did not require an exemption.
John W. Boerth
Mr. Boerth is a 64 year-old class CML driver in the State of
Wisconsin. He had brain surgery in 2002 and has since had 2 seizures,
one in 2002 and the last seizure was June 2003. He takes anti-seizure
medication with the dosage and frequency remaining the same for over 10
years. If granted the exemption, he would like to drive vehicles from
one-half ton vans to 18,000 pound straight trucks in interstate
commerce.
Michael C. Breitbach
Mr. Breitbach is a 56 year-old CMV driver in the State of Iowa. He
has a history of two nocturnal seizures in his lifetime; the last
seizure was in 2002. He has remained seizure free for 10 years. He
takes anti-seizure medication with the dosage and frequency remaining
the same for 5 years. If granted the exemption, he would like to drive
tractor trailer trucks. His physician states he is supportive of Mr.
Breitbach receiving an exemption.
Sonja D. Cottle
Ms. Cottle is a 55 year-old CDL driver in the State of Wisconsin.
She had brain surgery with the removal of a left frontal meningioma in
September 2011. She was placed on anti-seizure medication as a
preventative measure during and after the surgery. She remains on the
anti-seizure medication with the dosage and frequency remaining the
same since September 2011. She has never had a seizure. If granted the
exemption, she would like to return to driving semi-tractors with
trailers. Her medical provider states that she believes it is safe for
Ms. Cottle to return to driving CMVs.
Jeffrey Blake Davis
Mr. Davis is a 47 year-old CMV driver in the State of Maryland. He
has a
[[Page 3079]]
diagnosis of seizure disorder post aneurysm with three seizures related
to the diagnosis of the aneurysm. His last seizure was August 2011. He
has remained seizure free for 10 months. He takes anti-seizure
medication with the dosage and frequency remaining the same for 10
months. If granted the exemption, he would like to drive dump trucks in
interstate commerce. His physician states he is supportive of Mr. Davis
receiving an exemption.
Timothy Grant Edwards
Mr. Edwards is a 25 year-old driver in the state of Tennessee. He
has a diagnosis of complex partial seizures. His last seizure was in
1992. He has remained seizure free for 20 years. He takes anti-seizure
medication with the dosage and frequency remaining the same for 10
years. If granted the exemption, he would like to drive a service truck
for his employer that weighs more than 10,000 pounds, but less than
26,000 pounds, in interstate commerce.
Juan Flores
Mr. Flores is a 40 year-old driver in the state of Massachusetts.
He had a closed head injury at age 17 and has had 5 or 6 seizures in
his lifetime, the last one being January 2011. He has remained seizure
free since that time. He takes anti-seizure medication with the dosage
and frequency remaining the same for 1 year. If granted the exemption,
he would like to drive CMVs with aerial buckets and derrick diggers to
install utility poles.
Glenn Gervais
Mr. Gervais is a 49 year-old class E driver in the state of
Florida, allowing him to drive a commercial non-CDL vehicle. He has had
2 seizures, one in 2009 and the last seizure was February 2011, one
year ago. This seizure was the result of his physician taking him off
of his anti-seizure medication. He has remained seizure free for 1
year. He takes anti-seizure medication with the dosage and frequency
remaining the same for 1 year. If granted the exemption, he would like
to return to driving a package delivery truck for UPS in interstate
commerce.
Daryl Goodman
Mr. Goodman is a 38 year-old CDL driver in the state of New York.
He had a single seizure following brain surgery to remove a tumor in
March 2010. He was taking anti-seizure medication until September 2010,
when his physician stopped the medication. He has remained seizure free
for 2 years. If granted the exemption, he would like to drive a tractor
trailer in interstate commerce.
James Gorniak
Mr. Gorniak is a 49 year-old CMV driver in the state of Wisconsin.
Mr. Gorniak had a single seizure in January 2007. It was discovered he
had a brain tumor which was then removed. He was given anti-seizure
medication for a short time after the surgery, but has been off the
medication for 5 years and has remained seizure free since 2007. His
physician states he is supportive of him receiving the exemption. If
granted an exemption, he would like to return to driving tractor
trailers in interstate commerce.
Brian Hanson
Mr. Hanson is a 53 year-old driver in the state of Oregon. Mr.
Hanson has a diagnosis of epilepsy and his last seizure was in April
2004. He has been off of anti-seizure medication for 6 years. He has
remained seizure free for 8 years. If granted the exemption, he would
like to attend truck driving school and drive tractor trailer with his
wife, as she is a long haul driver.
Victor Marquez
Mr. Marquez is a 23 year-old driver in the state of Idaho. Mr.
Marquez has had 3 seizures in his lifetime with the last being March
2003. He has been on anti-seizure medication, with the dosage and
frequency remaining the same for 9 years. His physician states that he
believes Mr. Marquez is a good candidate for an exemption. If granted
an exemption, he would like to drive a water truck or flatbed truck in
interstate commerce.
Robert J. Mooney
Mr. Mooney is a 51 year-old CMV driver in the State of Ohio. He has
a diagnosis of seizure disorder and his last seizure was in 1981. He
has remained seizure free since that time. He takes anti-seizure
medication with the dosage and frequency remaining the same for over 20
years. If granted the exemption, he would like to drive 18-passenger
busses in interstate commerce.
Gary Osley
Mr. Osley is a 36 year-old CDL driver in the state of Kentucky. He
has not ever experienced a seizure. He was given anti-seizure
medication as a precaution before having brain surgery to remove a mass
in October 2011. He remains on the anti-seizure medication at present
for a period up to one year following the surgery, October 2012. He has
remained seizure free. If granted an exemption, he would return to
driving in interstate commerce.
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: January 10, 2013.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2013-00713 Filed 1-11-13; 4:15 pm]
BILLING CODE 4910-EX-P