Qualification of Drivers; Exemption Applications; Epilepsy and Seizure Disorders |
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Larry W. Minor
Federal Motor Carrier Safety Administration
July 12, 2013
[Federal Register Volume 78, Number 134 (Friday, July 12, 2013)]
[Notices]
[Pages 41988-41990]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-16685]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2013-0107]
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 9 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 August 12, 2013.
ADDRESSES: You may submit comments bearing the Federal Docket
Management System (FDMS) Docket ID FMCSA-2013-0107 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
[[Page 41989]]
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 9
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 CMV.
FMCSA provides medical advisory criteria for use by medical
examiners in determining whether drivers with certain medical
conditions should be certified to operate CMVs 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
Selene Anderson
Ms. Anderson is a 58 year-old driver in Tennessee. She suffered
seizures as a child and has been seizure-free since 1968. She takes
anti-seizure medication with the dosage and frequency remaining the
same for over 2 years.
Christopher Bird
Mr. Bird is a 29 year-old driver in Ohio. He has a diagnosis of
epilepsy and has remained seizure-free for over 15 years. He takes
anti-seizure medication with the dosage and frequency remaining the
same for over 5 years. His physician is supportive of Mr. Bird
receiving an exemption.
Fletcher Dortch
Mr. Dortch is a 58 year-old driver in Maryland. He had a single
seizure in 2007. He takes anti-seizure medication with the dosage and
frequency remaining the same for over 5 years. His physician is
supportive of Mr. Dortch receiving an exemption.
Michael Kramer
Mr. Kramer is a 46 year-old driver in Kansas. He had a seizure due
to a brain tumor which was removed in 2009. He has remained seizure-
free since that time. He does not require anti-seizure medication. His
physician is supportive of Mr. Kramer receiving an exemption.
Edward Nissenbaum
Mr. Nissenbaum is a 61 year-old driver in Pennsylvania. He had a
seizure in 1999. He takes anti-seizure medication with the dosage and
frequency remaining the same since that time. His physician is
supportive of Mr. Nissenbaum receiving an exemption.
Stanislav Spielvogel
Mr. Spielvogel is a 55 year-old driver in Connecticut. He has a
diagnosis of epilepsy and has remained seizure-free for over 20 years.
He takes anti-seizure medication with the dosage and frequency
remaining the same since 2006. His physician is supportive of Mr.
Spielvogel receiving an exemption.
Stephen Stawinsky
Mr. Stawinsky is a 54 year-old driver in Pennsylvania. He had a
seizure in 1995 and has been seizure-free for over 20 years. He takes
anti-seizure medication with the dosage and frequency remaining the
same since 2005. His physician is supportive of Mr. Stawinsky receiving
an exemption.
Lyle Trimm
Mr. Trimm is a 55 year-old driver in New Jersey. He had a seizure
in 2007 and has been seizure-free for 6 years. He takes anti-seizure
medication with the dosage and frequency remaining the same since that
time.
George Webb
Mr. Webb is a 71 year-old driver in Massachusetts. He has a history
of seizure disorder and has remained seizure-free for over 24 years. He
takes anti-seizure medication with the dosage and frequency remaining
the same since that time. His physician is supportive of Mr. Webb
receiving an exemption.
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.
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Issued on: July 8, 2013.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2013-16685 Filed 7-11-13; 8:45 am]
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