Qualification of Drivers; Exemption Applications; Epilepsy and Seizure Disorders, 75165-75167 [E8-29188]
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Federal Register / Vol. 73, No. 238 / Wednesday, December 10, 2008 / Notices
M. Schulz, Jason P. Smith, Joel C.
Smith, Dean A. Sullivan, James O.
Teague, Lawrence W. Thomas, Jack D.
Thorpe, Robert J. Vance, John R.
Watson, John A. Witt, John J. Wojcik, Jr.,
and Raymond W. Zimmerman, Jr., from
the ITDM standard in 49 CFR
391.41(b)(3), subject to the conditions
listed under ‘‘Conditions and
Requirements’’ above.
In accordance with 49 U.S.C. 31136(e)
and 31315 each exemption will be valid
for two years unless revoked earlier by
FMCSA. The exemption will be revoked
if: (1) The person fails to comply with
the terms and conditions of the
exemption; (2) the exemption has
resulted in a lower level of safety than
was maintained before it was granted; or
(3) continuation of the exemption would
not be consistent with the goals and
objectives of 49 U.S.C. 31136(e) and
31315. If the exemption is still effective
at the end of the 2-year period, the
person may apply to FMCSA for a
renewal under procedures in effect at
that time.
Issued on: December 3, 2008.
Larry W. Minor,
Associate Administrator for Policy and
Program Development.
[FR Doc. E8–29189 Filed 12–9–08; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2008–0355]
Qualification of Drivers; Exemption
Applications; Epilepsy and Seizure
Disorders
mstockstill on PROD1PC66 with NOTICES
AGENCY: Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Notice of applications for
exemption, request for comments.
SUMMARY: FMCSA announces receipt of
applications from fifteen 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 January 9, 2009.
ADDRESSES: You may submit comments
bearing the Federal Docket Management
System (FDMS) Docket ID FMCSA–
VerDate Aug<31>2005
16:49 Dec 09, 2008
Jkt 217001
2008–0355 using any of the following
methods:
• Federal eRulemaking Portal: Go to
https://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
https://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 https://
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 selfaddressed, stamped envelope or
postcard or print the acknowledgment
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 https://
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:
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75165
Background
Under 49 U.S.C. 31315 and 31136(e),
FMCSA may grant an exemption for a 2year 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
fifteen 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 indicates that if an
individual has had a sudden episode of
a nonepileptic seizure or loss of
consciousness of unknown cause which
did not require antiseizure 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 antiseizure 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 antiseizure medication.
Drivers with a history of epilepsy/
seizures off antiseizure medication and
seizure-free for 10 years may be
qualified to operate a CMV in interstate
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75166
Federal Register / Vol. 73, No. 238 / Wednesday, December 10, 2008 / Notices
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 antiseizure medication for a 5-year
period or more.
Summary of Application
Daniel Beeson
Mr. Beeson is a CMV driver in the
state of Indiana. He was diagnosed with
epilepsy in 1988, and is currently taking
anti-seizure medication (Dilantin). He
was put on Dilantin when first
diagnosed and has been on it ever since.
His neurologist certified that he has
maintained good medication control
and is monitored frequently for Dilantin
levels. Mr. Beeson 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 on
anti-seizure medication for 17 years.
Terrance W. Clawson
Mr. Clawson is a CMV driver in the
state of West Virginia. He states that he
was diagnosed with epilepsy in 1970
and has been off anti-seizure medication
since 2002. His neurologist certified that
he has been seizure-free for thirty-four
years and is clearly safe to drive. Mr.
Clawson 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 35 years and
has been off anti-seizure medication
since 2002.
mstockstill on PROD1PC66 with NOTICES
John M. Dobrowlski
Mr. Dobrowlski is a CMV driver in the
state of Delaware. He states that he has
a seizure disorder and is currently
taking anti-seizure medication (Keppra).
His doctor certified that he has been
seizure-free for twenty-two years on his
current dose of medication. Mr.
Dobrowlski 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 1985 and has an excellent driving
record. Mr. Dobrowlski currently has a
state waiver from Delaware.
Daniel Forth
Mr. Forth is a CMV driver in the state
of New York. He was diagnosed with
seizure disorder in 1979 disorder, and is
currently taking anti-seizure medication
(Tergretol). His doctor certified that he
has been seizure-free for 27 years on his
current dose of medication. Mr. Forth
believes that he would achieve a level
of safety that is equivalent to the level
of safety obtained by complying with
VerDate Aug<31>2005
16:49 Dec 09, 2008
Jkt 217001
the regulation because he has
maintained good medication control
and has remained seizure-free for 28
years.
Garry A. Gantle
Mr. Gantle is a CMV driver in the
state of New York. He was diagnosed
with epilepsy in 1980 and is currently
taking anti-seizure medication
(Zonegran). His neurologist certified
that his seizure is well controlled. Mr.
Gantle 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 on anti-seizure
medication for 8 years.
Steve L. Hunsaker
Mr. Hunsaker is a CMV driver in the
state of Idaho. He has a history of
nocturnal seizures and is currently
taking anti-seizure medication
(Dilantin). His doctor certified that he
has been seizure-free for eighteen years
on his current dose of medication. Mr.
Hunsaker 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 18 years.
Eric Jedrewski
Mr. Jedrewski is a CMV driver in the
state of Ohio. He was diagnosed with
epilepsy in 1972, and is currently taking
anti-seizure medication (Dilantin and
Phenobarbital). His neurologist certified
that he is extremely stable and there is
no need for restrictions in any potential
job duties. Mr. Jedrewski 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 on anti-seizure medication
for 32 years.
Shane Klementis
Mr. Klementis is a CMV driver in the
state of New York. He was diagnosed
with epilepsy in 1982 and is currently
taking anti-seizure medication
(Dilantin). His neurologist certified that
his seizure disorder is well controlled.
Mr. Klementis 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 on
anti-seizure medication for 17 years.
Humberto Ortiz
Mr. Ortiz is an electrician in the state
of Illinois. He was diagnosed with
epilepsy in 2001 and is currently taking
PO 00000
Frm 00090
Fmt 4703
Sfmt 4703
anti-seizure medication (Topamax). His
neurologist certified that his seizure
disorder is well controlled. Mr. Ortiz
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 on anti-seizure medication
for 7 years.
Austin Prince, Jr.
Mr. Prince is a CMV driver in the state
of Ohio. He was diagnosed with
epilepsy in 1974 and is currently taking
anti-seizure medication (Dilantin). His
neurologist certified that he has been
under good control and continues to
follow up for frequent monitoring of
Dilantin levels; he also states that Mr.
Prince is safe to drive commercially. Mr.
Prince 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 on anti-seizure
medication for 16 years.
Jerry L. Reeder
Mr. Reeder is a CMV driver in the
state of Texas. He was diagnosed with
epilepsy in 1994 and is currently taking
anti-seizure medication
(Carbamazepine). His neurologist
certified that he has not had a seizure
since 1998 and has maintained good
compliance with taking the medication.
Mr. Reeder 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 on
anti-seizure medication for 10 years.
Scott M. Rohlinger
Mr. Rohlinger is a CMV driver in the
state of Wisconsin. He was diagnosed in
1987 and took anti-seizure medication
(Dilantin) for twenty one years. Twenty
years ago, Mr. Rohlinger was involved
in a motor vehicle accident that was
linked to a possible seizure episode. His
doctor certified that there were no
seizure experiences prior to that, or
following that event. Mr. Rohlinger
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 21 years. His doctor has
certified that he may have never
experienced a seizure.
Anthony Ross
Mr. Ross is a CMV driver in the state
of Illinois, trying to acquire a CDL. He
has a history of nocturnal seizures;
diagnosed in 2001. He is currently on
anti-seizure medication (Dilantin).
According to his neurologist, his last
E:\FR\FM\10DEN1.SGM
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Federal Register / Vol. 73, No. 238 / Wednesday, December 10, 2008 / Notices
seizure was in 2004. Mr. Ross believes
that he would achieve a level of safety
that is equivalent to the level of safety
obtained by complying with the
regulation because his seizure disorder
is well controlled with his current
medication. His doctor certified that
while on medication, he is medically fit
to drive.
Travis Williams
Mr. Williams is a CMV driver in the
state of Louisiana. He was diagnosed
with epilepsy in 1996 and is currently
taking anti-seizure medication
(Depakote). His neurologist certified that
his seizure disorder is well controlled.
Mr. Williams 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 on
anti-seizure medication for 12 years.
John B. Yates
Mr. Yates is a CMV driver in the state
of West Virginia. He has a history of
seizures diagnosed in 1976. He is
currently on anti-seizure medication
(Depokota). According to his
neurologist, his last seizure was in 1982.
Mr. Yates 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 not had a seizure in 26
years while on medication.
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 application 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: December 3, 2008.
Larry W. Minor,
Associate Administrator for Policy and
Program Development.
[FR Doc. E8–29188 Filed 12–9–08; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
mstockstill on PROD1PC66 with NOTICES
Proposed Agency Information
Collection Activities; Comment
Request
AGENCY: Federal Railroad
Administration, DOT.
ACTION: Notice and request for
comments.
SUMMARY: In compliance with the
Paperwork Reduction Act of 1995 (44
VerDate Aug<31>2005
16:49 Dec 09, 2008
Jkt 217001
U.S.C. 3501 et seq.), this notice
announces that the Information
Collection Requirements (ICRs)
abstracted below have been forwarded
to the Office of Management and Budget
(OMB) for review and comment. Each
ICR describes the nature of the
information collection and its expected
burden. The Federal Register notice
with a 60-day comment period soliciting
comments on the collection of
information listed below was published
on October 2, 2008 (See 73 FR 57404).
DATES: Comments must be submitted on
or before January 9, 2009.
FOR FURTHER INFORMATION CONTACT: Mr.
Robert Brogan, Office of Planning and
Evaluation Division, RRS–21, Federal
Railroad Administration, 1200 New
Jersey Ave., SE., Mail Stop 25,
Washington, DC 20590 (telephone: (202)
493–6292), or Ms. Nakia Jackson, Office
of Information Technology, RAD–20,
Federal Railroad Administration, 1200
New Jersey Ave., SE., Mail Stop 35,
Washington, DC 20590 (telephone: (202)
493–6073). (These telephone numbers
are not toll-free.)
SUPPLEMENTARY INFORMATION: The
Paperwork Reduction Act of 1995
(PRA), Public Law No. 104–13, § 2, 109
Stat. 163 (1995) (codified as revised at
44 U.S.C. 3501–3520), and its
implementing regulations, 5 CFR Part
1320, require Federal agencies to issue
two notices seeking public comment on
information collection activities before
OMB may approve paperwork packages.
44 U.S.C. 3506, 3507; 5 CFR 1320.5,
1320.8(d)(1), 1320.12. On October 2,
2008, FRA published a 60-day notice in
the Federal Register soliciting comment
on ICRs that the agency was seeking
OMB approval. 73 FR 57404. FRA
received one letter in response to this
notice.
The letter came from Mr. Freddie
Simpson, President of the Brotherhood
of Maintenance of Way Employes
Division (BMWED). The BMWED is a
labor organization representing
approximately 35,000 railroad workers
who build, maintain, inspect, and repair
railroad tracks, bridges, and related
railroad infrastructure throughout the
United States. In his comments, Mr.
Simpson noted the following:
BMWED is a charter member of the Rail
Safety Advisory Committee (RSAC) and a
voting member of the RSAC Railroad Bridge
Working Group (RBWG). The RBWG is
tasked by FRA to ‘‘report to the Federal
Railroad Administration on the current state
of Railroad bridge safety management,
updating the findings and conclusions of the
1993 Summary Report of the FRA Railroad
Bridge Safety Survey, including
recommendations for further action.’’
PO 00000
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75167
BMWED believes the information
collection activities outlined in the OMB
Control Number 2130—New are necessary for
FRA and RBWG to properly execute its
functions. BMWED also believes the
information collection activities will have
practical utility in assessing the current state
of railroad bridge safety management and
that the anticipated surveys and evaluations
of selected railroad bridge management
programs is vital to such assessment. Finally,
BMWED believes FRA’s estimates of the
burden of such information collection
activities are reasonable, sound, and
minimally burdensome.
The information to be collected and
weighting factors to be applied
thereupon are presently being reviewed
by the American Short Line and
Regional Railroad Association
(ASLRRA) Bridge Committee. This
committee is composed of the chief
bridge engineers from the seven Class I
railroads and Amtrak, representatives of
Class II regional and Class III shot line
railroads, consulting engineers, and
industry suppliers. FRA will consider
the recommendations of the ASLRRA
Bridge Committee in this regard.
Before OMB decides whether to
approve this proposed collection of
information, it must provide 30 days for
public comment. 44 U.S.C. 3507(b); 5
CFR 1320.12(d). Federal law requires
OMB to approve or disapprove
paperwork packages between 30 and 60
days after the 30 day notice is
published. 44 U.S.C. 3507 (b)–(c); 5 CFR
1320.12(d); see also 60 FR 44978, 44983,
Aug. 29, 1995. OMB believes that the 30
day notice informs the regulated
community to file relevant comments
and affords the agency adequate time to
digest public comments before it
renders a decision. 60 FR 44983, Aug.
29, 1995. Therefore, respondents should
submit their respective comments to
OMB within 30 days of publication to
best ensure having their full effect. 5
CFR 1320.12(c); see also 60 FR 44983,
Aug. 29, 1995.
The summaries below describe the
nature of the information collection
requirements (ICRs) and the expected
burden. The proposed requirements are
being submitted for clearance by OMB
as required by the PRA.
Title: Factors for Selection of
Railroads for Evaluation of Bridge
Management Practices.
OMB Control Number: 2130—New.
Type of Request: Regular approval of
a proposed collection of information.
Affected Public: Railroads.
Form(s): FRA F 6180.129.
Abstract: The Federal Railroad
Administration (FRA) has conducted a
Railroad Bridge Safety Program at
various levels of effort ever since the
enactment of the Railroad Safety Act of
E:\FR\FM\10DEN1.SGM
10DEN1
]]>Agencies
[Federal Register Volume 73, Number 238 (Wednesday, December 10, 2008)]
[Notices]
[Pages 75165-75167]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-29188]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2008-0355]
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.
-----------------------------------------------------------------------
SUMMARY: FMCSA announces receipt of applications from fifteen
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 January 9, 2009.
ADDRESSES: You may submit comments bearing the Federal Docket
Management System (FDMS) Docket ID FMCSA-2008-0355 using any of the
following methods:
Federal eRulemaking Portal: Go to https://
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 https://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 https://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 acknowledgment 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 https://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 fifteen
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 indicates that if an
individual has had a sudden episode of a nonepileptic seizure or loss
of consciousness of unknown cause which did not require antiseizure
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 antiseizure 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
antiseizure medication.
Drivers with a history of epilepsy/seizures off antiseizure
medication and seizure-free for 10 years may be qualified to operate a
CMV in interstate
[[Page 75166]]
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 antiseizure medication for a 5-year period or
more.
Summary of Application
Daniel Beeson
Mr. Beeson is a CMV driver in the state of Indiana. He was
diagnosed with epilepsy in 1988, and is currently taking anti-seizure
medication (Dilantin). He was put on Dilantin when first diagnosed and
has been on it ever since. His neurologist certified that he has
maintained good medication control and is monitored frequently for
Dilantin levels. Mr. Beeson 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 on anti-
seizure medication for 17 years.
Terrance W. Clawson
Mr. Clawson is a CMV driver in the state of West Virginia. He
states that he was diagnosed with epilepsy in 1970 and has been off
anti-seizure medication since 2002. His neurologist certified that he
has been seizure-free for thirty-four years and is clearly safe to
drive. Mr. Clawson 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 35 years and
has been off anti-seizure medication since 2002.
John M. Dobrowlski
Mr. Dobrowlski is a CMV driver in the state of Delaware. He states
that he has a seizure disorder and is currently taking anti-seizure
medication (Keppra). His doctor certified that he has been seizure-free
for twenty-two years on his current dose of medication. Mr. Dobrowlski
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 1985 and has an excellent driving
record. Mr. Dobrowlski currently has a state waiver from Delaware.
Daniel Forth
Mr. Forth is a CMV driver in the state of New York. He was
diagnosed with seizure disorder in 1979 disorder, and is currently
taking anti-seizure medication (Tergretol). His doctor certified that
he has been seizure-free for 27 years on his current dose of
medication. Mr. Forth 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 28 years.
Garry A. Gantle
Mr. Gantle is a CMV driver in the state of New York. He was
diagnosed with epilepsy in 1980 and is currently taking anti-seizure
medication (Zonegran). His neurologist certified that his seizure is
well controlled. Mr. Gantle 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 on anti-
seizure medication for 8 years.
Steve L. Hunsaker
Mr. Hunsaker is a CMV driver in the state of Idaho. He has a
history of nocturnal seizures and is currently taking anti-seizure
medication (Dilantin). His doctor certified that he has been seizure-
free for eighteen years on his current dose of medication. Mr. Hunsaker
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 18 years.
Eric Jedrewski
Mr. Jedrewski is a CMV driver in the state of Ohio. He was
diagnosed with epilepsy in 1972, and is currently taking anti-seizure
medication (Dilantin and Phenobarbital). His neurologist certified that
he is extremely stable and there is no need for restrictions in any
potential job duties. Mr. Jedrewski 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 on
anti-seizure medication for 32 years.
Shane Klementis
Mr. Klementis is a CMV driver in the state of New York. He was
diagnosed with epilepsy in 1982 and is currently taking anti-seizure
medication (Dilantin). His neurologist certified that his seizure
disorder is well controlled. Mr. Klementis 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 on anti-seizure medication for 17 years.
Humberto Ortiz
Mr. Ortiz is an electrician in the state of Illinois. He was
diagnosed with epilepsy in 2001 and is currently taking anti-seizure
medication (Topamax). His neurologist certified that his seizure
disorder is well controlled. Mr. Ortiz 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 on
anti-seizure medication for 7 years.
Austin Prince, Jr.
Mr. Prince is a CMV driver in the state of Ohio. He was diagnosed
with epilepsy in 1974 and is currently taking anti-seizure medication
(Dilantin). His neurologist certified that he has been under good
control and continues to follow up for frequent monitoring of Dilantin
levels; he also states that Mr. Prince is safe to drive commercially.
Mr. Prince 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 on anti-seizure
medication for 16 years.
Jerry L. Reeder
Mr. Reeder is a CMV driver in the state of Texas. He was diagnosed
with epilepsy in 1994 and is currently taking anti-seizure medication
(Carbamazepine). His neurologist certified that he has not had a
seizure since 1998 and has maintained good compliance with taking the
medication. Mr. Reeder 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 on anti-seizure
medication for 10 years.
Scott M. Rohlinger
Mr. Rohlinger is a CMV driver in the state of Wisconsin. He was
diagnosed in 1987 and took anti-seizure medication (Dilantin) for
twenty one years. Twenty years ago, Mr. Rohlinger was involved in a
motor vehicle accident that was linked to a possible seizure episode.
His doctor certified that there were no seizure experiences prior to
that, or following that event. Mr. Rohlinger 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 21 years. His doctor has certified that he may have
never experienced a seizure.
Anthony Ross
Mr. Ross is a CMV driver in the state of Illinois, trying to
acquire a CDL. He has a history of nocturnal seizures; diagnosed in
2001. He is currently on anti-seizure medication (Dilantin). According
to his neurologist, his last
[[Page 75167]]
seizure was in 2004. Mr. Ross believes that he would achieve a level of
safety that is equivalent to the level of safety obtained by complying
with the regulation because his seizure disorder is well controlled
with his current medication. His doctor certified that while on
medication, he is medically fit to drive.
Travis Williams
Mr. Williams is a CMV driver in the state of Louisiana. He was
diagnosed with epilepsy in 1996 and is currently taking anti-seizure
medication (Depakote). His neurologist certified that his seizure
disorder is well controlled. Mr. Williams 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 on anti-seizure medication for 12 years.
John B. Yates
Mr. Yates is a CMV driver in the state of West Virginia. He has a
history of seizures diagnosed in 1976. He is currently on anti-seizure
medication (Depokota). According to his neurologist, his last seizure
was in 1982. Mr. Yates 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 not had a seizure in 26 years while on
medication.
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 application
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: December 3, 2008.
Larry W. Minor,
Associate Administrator for Policy and Program Development.
[FR Doc. E8-29188 Filed 12-9-08; 8:45 am]
BILLING CODE 4910-EX-P
