Qualification of Drivers; Exemption Applications; Epilepsy and Seizure Disorders, 38599-38602 [2010-16216]
Download as PDF
<![CDATA[
Federal Register / Vol. 75, No. 127 / Friday, July 2, 2010 / Notices
symptoms in the past 5 years (with one
year of stability following any such
episode). In each case, an
endocrinologist verified that the driver
has demonstrated a willingness to
properly monitor and manage his/her
diabetes mellitus, received education
related to diabetes management, and is
on a stable insulin regimen. These
drivers report no other disqualifying
conditions, including diabetes-related
complications. Each meets the vision
standard at 49 CFR 391.41(b)(10).
The qualifications and medical
condition of each applicant were stated
and discussed in detail in the May 21,
2010, Federal Register Notice and they
will not be repeated in this Notice.
emcdonald on DSK2BSOYB1PROD with NOTICES
Basis for Exemption Determination
Under 49 U.S.C. 31136(e) and 31315,
FMCSA may grant an exemption from
the diabetes standard in 49 CFR
391.41(b)(3) if the exemption is likely to
achieve an equivalent or greater level of
safety than would be achieved without
the exemption. The exemption allows
the applicants to operate CMVs in
interstate commerce.
To evaluate the effect of these
exemptions on safety, FMCSA
considered medical reports about the
applicants’ ITDM and vision, and
reviewed the treating endocrinologists’
medical opinion related to the ability of
the driver to safely operate a CMV while
using insulin.
Consequently, FMCSA finds that in
each case exempting these applicants
from the diabetes standard in 49 CFR
391.41(b)(3) is likely to achieve a level
of safety equal to that existing without
the exemption.
Conditions and Requirements
The terms and conditions of the
exemption will be provided to the
applicants in the exemption document
and they include the following: (1) That
each individual submit a quarterly
monitoring checklist completed by the
treating endocrinologist as well as an
annual checklist with a comprehensive
medical evaluation; (2) that each
individual reports within 2 business
days of occurrence, all episodes of
severe hypoglycemia, significant
complications, or inability to manage
diabetes; also, any involvement in an
accident or any other adverse event in
a CMV or personal vehicle, whether or
not it is related to an episode of
hypoglycemia; (3) that each individual
provide a copy of the ophthalmologist’s
or optometrist’s report to the medical
examiner at the time of the annual
medical examination; and (4) that each
individual provide a copy of the annual
medical certification to the employer for
VerDate Mar<15>2010
18:27 Jul 01, 2010
Jkt 220001
retention in the driver’s qualification
file, or keep a copy in his/her driver’s
qualification file if he/she is selfemployed. The driver must also have a
copy of the certification when driving,
for presentation to a duly authorized
Federal, State, or local enforcement
official.
Discussion of Comments
FMCSA received one comment in this
proceeding. The comment was
considered and discussed below.
The Pennsylvania Department of
Transportation stated that it had
reviewed the driving record for Scott A.
Yon and was in favor of granting a
Federal diabetes exemption to this
individual.
Conclusion
Based upon its evaluation of the
thirty-seven exemption applications,
FMCSA exempts, Billy Banks, Joseph P.
Beagan, John M. Charlton, Stuart A.
Dietz, Marie C. Eddy, Michael G.
Eikenberry, Francisco K. Gallardo, John
P. Gould, David B. Graef, Jason C.
Green, Kimmy D. Hall, Bruce G.
Hammill, Jr., Edward G. Harbin,
Timothy R. Hefling, Christopher M.
Hultman, Michael R. Jackson, Gerald A.
Johnson, Jay T. Kirschmann, Duane K.
Kohls, John F. Lohmuller, Rodney A.
Markham, Christopher P. Martin, H.
Alan Miller, Andrew D. Monson, Cheryl
T. Murphy, Kurt D. Oertelt, Joseph M.
Pirrello, Audrey R. Roddy, Theodore J.
Rolfe, Ross R. Romano, Max S. Sklarski,
Gerald J. Solwey, Darren G. Steil, Jason
D. Sweet, Robert M. Thomson, Kevin R.
Welch and Scott A. Yon, 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: June 28, 2010.
Larry W. Minor,
Associate Administration for Policy and
Program Development.
[FR Doc. 2010–16225 Filed 7–1–10; 8:45 am]
BILLING CODE 4910–EX–P
PO 00000
Frm 00144
Fmt 4703
Sfmt 4703
38599
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2010–0203]
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 seventeen 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 August 2, 2010.
ADDRESSES: You may submit comments
bearing the Federal Docket Management
System (FDMS) Docket No. FMCSA–
2010–0203 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.
Instructions: Each submission must
include the Agency name and the
docket No. 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
E:\FR\FM\02JYN1.SGM
02JYN1
38600
Federal Register / Vol. 75, No. 127 / Friday, July 2, 2010 / Notices
emcdonald on DSK2BSOYB1PROD with NOTICES
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 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 https://
www.regulations.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 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
seventeen 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
VerDate Mar<15>2010
18:27 Jul 01, 2010
Jkt 220001
a nonepileptic 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 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 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.
because he has remained seizure free
and compliant on medication since
2007.
Summary of Applications
Christian E. Henry
Mr. Henry is a CMV driver in the state
of Pennsylvania. He has a history of
seizures during medical procedures
when he was a juvenile. His doctor
states that he has been seizure-free for
nine years on his current dose of
medication and is stable to drive. Mr.
Henry 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 1998, has a
safe driving record, and he’s compliant
with his medication.
Bruce B. Baum
Mr. Baum is a CMV driver in the state
of New Mexico. He experienced a single
episode of a seizure in 1999, and is
currently taking anti-seizure medication
Dilantin. His neurologist states that he
has been seizure-free for five years. Mr.
Baum 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 and compliant on
medication since 1999.
Todd A. Davis
Mr. Davis is a CMV driver in the state
of Wisconsin. He experienced a single
episode of a seizure in 2007, and is
currently taking anti-seizure medication
Lamictal. His neurologist certified that
he has been seizure-free for three years.
Mr. Davis believes that he would
achieve a level of safety that is
equivalent to the level of safety obtained
by complying with the regulation
PO 00000
Frm 00145
Fmt 4703
Sfmt 4703
James Dyer
Mr. Dyer is a CMV driver in the state
of Texas. He experienced a single
seizure like event in 2008 and was
placed on anti-seizure medication but
discontinued use in 2009. His
neurologist states that he is stable, has
a low risk of future seizures, and has
been seizure free for one year and 6
months. Mr. Dyer 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 experienced a ‘‘seizure-like’’
event, discontinued use of anti-seizure
medication, and has remained seizurefree for years.
Richard R. Gurda
Mr. Gurda is a CMV driver in the state
of Wisconsin. He experienced a single
seizure event in 2005, and is currently
taking anti-seizure medication Lamictal.
His neurologist certified that he has
been seizure-free for four years since the
single event and remains stable on his
current dose of medication. Mr. Gurda
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 four
years. Mr. Gurda currently has a CDL
exemption issued by the state to operate
municipal/government vehicle in
intrastate.
Denton L. Hineline
Mr. Hineline is a CMV driver in the
state of Florida. He has a history of
nocturnal seizures and was diagnosed
with epilepsy in 1978, and is currently
taking anti-seizure medication Dilantin.
His doctor certified that he has been
seizure-free for twenty-nine years on his
current dose of medication. Mr.
Hineline believes that he would achieve
a level of safety that is equivalent to the
E:\FR\FM\02JYN1.SGM
02JYN1
Federal Register / Vol. 75, No. 127 / Friday, July 2, 2010 / Notices
38601
level of safety obtained by complying
with the regulation because he has
remained seizure-free since 1979 and
he’s compliant with his medication.
his medication as directed by his doctor
and has remained seizure free.
because he has remained seizure free
and is compliant with treatment.
Mike D. Rafalski
Paul C. Warren
Henrietta M. Ketcham
Mr. Rafalski is a CMV driver in the
state of Michigan. He was diagnosed
with epilepsy in 2002, and is currently
taking anti-seizure medications Keppra
and Trileptal. He experienced his last
seizure in 2006. Mr. Rafalski 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 four years.
Mr. Warren is a CMV driver in the
state of Maine. He was diagnosed with
epilepsy in 2000. He experienced his
last seizure in 2002, and is currently
taking anti-seizure medication Keppra.
His neurologist states that he has been
seizure free for seven years and is
compliant with treatment. Mr. Warren
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 a history
of safe driving in CMVs and has
remained seizure free for seven years.
Ms. Ketcham is a CMV driver in the
state of New York. She has a history of
seizure disorder since 1992. She
experienced her last seizure in 2001,
and is currently taking anti-seizure
medication Topomax. Her doctor states
that she has been seizure-free for seven
years on her current dose of medication
and remains stable. Ms. Ketcham
believes that she would achieve a level
of safety that is equivalent to the level
of safety obtained by complying with
the regulation because she has
maintained good medication control
and has remained seizure-free for seven
years.
Danny Lingle
Mr. Lingle is a CMV driver in the state
of Iowa. He states that he had a stroke
from a brain hemorrhage and not a
seizure in 2006. He did not take an antiseizure medication after the event. He
has not experienced another episode.
His neurologist states that he is safe to
drive without restrictions. Mr. Lingle
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 did not
experience a seizure and is a safe driver.
James C. Loiodice
Mr. Loiodice is a CMV driver in the
state of New York. He experienced an
isolated seizure episode in 2001, and is
currently taking anti-seizure medication
Carbatrol. His neurologist certified that
he has been seizure-free for 8 years, is
well controlled and has an extremely
low risk of a breakthrough seizure. Mr.
Loiodice 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 eight years.
emcdonald on DSK2BSOYB1PROD with NOTICES
Leo J. Lombardio
Mr. Lombardio is a CMV driver in the
state of California. He experienced a
single seizure episode in 2007, and is
currently taking anti-seizure medication
Phenytoin. His doctor states that he has
been stable with no seizure activity on
medication since 2007. His medication
was changed from Keppra to Phenytoin
in 2008 due to side effects. He 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 continues to take
VerDate Mar<15>2010
18:27 Jul 01, 2010
Jkt 220001
Phillip S. Sage
Mr. Sage is a CMV driver in the state
of Michigan. He developed seizures
after a motor vehicle accident in 2007.
He experienced his last seizure in 2008,
and was taking anti-seizure medication
Keppra. He has since discontinued antiseizure medication in 2008. He 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 a history of
safe driving and has discontinued the
medication and has remained seizurefree.
Floyd R. Strader Jr.
Mr. Strader is a CMV driver in the
state of North Carolina. He was
diagnosed with a childhood seizure
disorder. His last seizure was in 2000,
he was thirteen years old at this time.
He discontinued the use of anti-seizure
medication in 2001 when he was
fourteen. Mr. Strader experienced a
motor vehicle collision which resulted
in head-trauma. He did not experience
a seizure; however, he was treated for
migraine headaches. Mr. Strader
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 nine years and off antiseizure medication for eight years.
Joseph A. Suhy
Mr. Suhy is CMV driver in the state
of Pennsylvania. He was diagnosed with
a seizure disorder after a head injury in
1986. His last seizure was in 1991 at the
time he was taking Tegretol.
Subsequently his anti-seizure
medication was changed to Valproic
acid and he remains on this medication
to date. His doctor states that he has
been seizure-free for seventeen years.
Mr. Suhy believes that he would
achieve a level of safety that is
equivalent to the level of safety obtained
by complying with the regulation
PO 00000
Frm 00146
Fmt 4703
Sfmt 4703
Jeffery P. Weis
Mr. Weis is a CMV driver in the state
of Illinois. He experienced seizures in
2006 caused by metabolic derangement
related to stress and alcohol use. He was
placed on Dilantin but discontinued use
per doctor’s orders after 6 months. He
has remained seizure and medication
free for three years. Mr. Weis 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 a history of
safe driving, decreased alcohol
consumption and has discontinued antiseizure medication and has remained
seizure-free.
Brian H. Wetzel
Mr. Wetzel is a CMV driver in the
state of Missouri. He was diagnosed
with a seizure disorder after brain
surgery in 1976. He experienced his last
seizure in 1995, and is currently taking
anti-seizure medication Carbamazepine.
His neurologist’s medical opinion is that
he has been seizure free for fourteen
years and is safe to drive. Mr. Wetzel
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 been
seizure free for fourteen years and is
compliant with treatment.
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.
E:\FR\FM\02JYN1.SGM
02JYN1
38602
Federal Register / Vol. 75, No. 127 / Friday, July 2, 2010 / Notices
Issued on: June 25, 2010.
Larry W. Minor,
Associate Administrator for Policy and
Program Development.
[FR Doc. 2010–16216 Filed 7–1–10; 8:45 am]
BILLING CODE P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–1999–5578; FMCSA–
1999–6480; FMCSA–2001–11426; FMCSA–
2003–14223; FMCSA–2003–16564; FMCSA–
2004–17195; FMCSA–2006–24015; FMCSA–
2006–24783; FMCSA–2008–0021]
Qualification of Drivers; Exemption
Applications; Vision
AGENCY: Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Notice of renewal of
exemptions; request for comments.
emcdonald on DSK2BSOYB1PROD with NOTICES
SUMMARY: FMCSA announces its
decision to renew the exemptions from
the vision requirement in the Federal
Motor Carrier Safety Regulations for 13
individuals. FMCSA has statutory
authority to exempt individuals from
the vision requirement if the
exemptions granted will not
compromise safety. The Agency has
concluded that granting these
exemption renewals will provide a level
of safety that is equivalent to, or greater
than, the level of safety maintained
without the exemptions for these
commercial motor vehicle (CMV)
drivers.
DATES: This decision is effective August
1, 2010. Comments must be received on
or before August 2, 2010.
ADDRESSES: You may submit comments
bearing the Federal Docket Management
System (FDMS) Docket ID FMCSA–
1999–5578; FMCSA–1999–6480;
FMCSA–2001–11426; FMCSA–2003–
14223; FMCSA–2003–16564; FMCSA–
2004–17195; FMCSA–2006–24015;
FMCSA–2006–24783; FMCSA–2008–
0021, 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 or Courier: West
Building Ground Floor, Room W12–140,
1200 New Jersey Avenue, SE.,
Washington, DC between 9 a.m. and 5
VerDate Mar<15>2010
18:27 Jul 01, 2010
Jkt 220001
p.m., Monday through Friday, except
Federal Holidays.
• Fax: 1–202–493–2251.
Instructions: Each submission must
include the Agency name and the
docket number 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 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 19476). This information is also
available at https://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: Dr.
Mary D. Gunnels, Director, Medical
Programs, (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 from 8:30 a.m. to 5 p.m.
Monday through Friday, except Federal
holidays.
SUPPLEMENTARY INFORMATION:
Background
Under 49 U.S.C. 31136(e) and 31315,
FMCSA may renew an exemption from
the vision requirements in 49 CFR
391.41(b)(10), which applies to drivers
of CMVs in interstate commerce, for a
two-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 procedures
for requesting an exemption (including
renewals) are set out in 49 CFR part 381.
PO 00000
Frm 00147
Fmt 4703
Sfmt 4703
Exemption Decision
This Notice addresses 13 individuals
who have requested renewal of their
exemptions in accordance with FMCSA
procedures. FMCSA has evaluated these
13 applications for renewal on their
merits and decided to extend each
exemption for a renewable two-year
period. They are:
Manuel A. Almeida
Ronald B. Brown
Thomas L. Corey
Lawrence M. Daley
Brian G. Hagen
Alfred G. Jeffus
Christopher P. Lefler
Michael G. Martin
Charles R. Murphy
Willard L. Riggle
Robert H. Rogers
Jose M. Suarez
Barney J. Wade
The exemptions are extended subject
to the following conditions: (1) That
each individual has a physical
examination every year (a) by an
ophthalmologist or optometrist who
attests that the vision in the better eye
continues to meet the standard in 49
CFR 391.41(b)(10), and (b) by a medical
examiner who attests that the individual
is otherwise physically qualified under
49 CFR 391.41; (2) that each individual
provides a copy of the ophthalmologist’s
or optometrist’s report to the medical
examiner at the time of the annual
medical examination; and (3) that each
individual provide a copy of the annual
medical certification to the employer for
retention in the driver’s qualification
file and retains a copy of the
certification on his/her person while
driving for presentation to a duly
authorized Federal, State, or local
enforcement official. Each exemption
will be valid for two years unless
rescinded earlier by FMCSA. The
exemption will be rescinded 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.
Basis for Renewing Exemptions
Under 49 U.S.C. 31315(b)(1), an
exemption may be granted for no longer
than two years from its approval date
and may be renewed upon application
for additional two year periods. In
accordance with 49 U.S.C. 31136(e) and
31315, each of the 13 applicants has
satisfied the entry conditions for
obtaining an exemption from the vision
requirements (64 FR 27027; 64 FR
E:\FR\FM\02JYN1.SGM
02JYN1
]]>Agencies
[Federal Register Volume 75, Number 127 (Friday, July 2, 2010)]
[Notices]
[Pages 38599-38602]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-16216]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2010-0203]
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 seventeen
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 August 2, 2010.
ADDRESSES: You may submit comments bearing the Federal Docket
Management System (FDMS) Docket No. FMCSA-2010-0203 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.
Instructions: Each submission must include the Agency name and the
docket No. 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
[[Page 38600]]
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 https://www.regulations.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
seventeen 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 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 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
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
Bruce B. Baum
Mr. Baum is a CMV driver in the state of New Mexico. He experienced
a single episode of a seizure in 1999, and is currently taking anti-
seizure medication Dilantin. His neurologist states that he has been
seizure-free for five years. Mr. Baum 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 and
compliant on medication since 1999.
Todd A. Davis
Mr. Davis is a CMV driver in the state of Wisconsin. He experienced
a single episode of a seizure in 2007, and is currently taking anti-
seizure medication Lamictal. His neurologist certified that he has been
seizure-free for three years. Mr. Davis 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 and
compliant on medication since 2007.
James Dyer
Mr. Dyer is a CMV driver in the state of Texas. He experienced a
single seizure like event in 2008 and was placed on anti-seizure
medication but discontinued use in 2009. His neurologist states that he
is stable, has a low risk of future seizures, and has been seizure free
for one year and 6 months. Mr. Dyer 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 experienced a ``seizure-like''
event, discontinued use of anti-seizure medication, and has remained
seizure-free for years.
Richard R. Gurda
Mr. Gurda is a CMV driver in the state of Wisconsin. He experienced
a single seizure event in 2005, and is currently taking anti-seizure
medication Lamictal. His neurologist certified that he has been
seizure-free for four years since the single event and remains stable
on his current dose of medication. Mr. Gurda 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 four years.
Mr. Gurda currently has a CDL exemption issued by the state to operate
municipal/government vehicle in intrastate.
Christian E. Henry
Mr. Henry is a CMV driver in the state of Pennsylvania. He has a
history of seizures during medical procedures when he was a juvenile.
His doctor states that he has been seizure-free for nine years on his
current dose of medication and is stable to drive. Mr. Henry 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 1998, has a safe driving record, and he's
compliant with his medication.
Denton L. Hineline
Mr. Hineline is a CMV driver in the state of Florida. He has a
history of nocturnal seizures and was diagnosed with epilepsy in 1978,
and is currently taking anti-seizure medication Dilantin. His doctor
certified that he has been seizure-free for twenty-nine years on his
current dose of medication. Mr. Hineline believes that he would achieve
a level of safety that is equivalent to the
[[Page 38601]]
level of safety obtained by complying with the regulation because he
has remained seizure-free since 1979 and he's compliant with his
medication.
Henrietta M. Ketcham
Ms. Ketcham is a CMV driver in the state of New York. She has a
history of seizure disorder since 1992. She experienced her last
seizure in 2001, and is currently taking anti-seizure medication
Topomax. Her doctor states that she has been seizure-free for seven
years on her current dose of medication and remains stable. Ms. Ketcham
believes that she would achieve a level of safety that is equivalent to
the level of safety obtained by complying with the regulation because
she has maintained good medication control and has remained seizure-
free for seven years.
Danny Lingle
Mr. Lingle is a CMV driver in the state of Iowa. He states that he
had a stroke from a brain hemorrhage and not a seizure in 2006. He did
not take an anti-seizure medication after the event. He has not
experienced another episode. His neurologist states that he is safe to
drive without restrictions. Mr. Lingle 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 did not experience a seizure
and is a safe driver.
James C. Loiodice
Mr. Loiodice is a CMV driver in the state of New York. He
experienced an isolated seizure episode in 2001, and is currently
taking anti-seizure medication Carbatrol. His neurologist certified
that he has been seizure-free for 8 years, is well controlled and has
an extremely low risk of a breakthrough seizure. Mr. Loiodice 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 eight years.
Leo J. Lombardio
Mr. Lombardio is a CMV driver in the state of California. He
experienced a single seizure episode in 2007, and is currently taking
anti-seizure medication Phenytoin. His doctor states that he has been
stable with no seizure activity on medication since 2007. His
medication was changed from Keppra to Phenytoin in 2008 due to side
effects. He 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 continues to take his medication as directed by
his doctor and has remained seizure free.
Mike D. Rafalski
Mr. Rafalski is a CMV driver in the state of Michigan. He was
diagnosed with epilepsy in 2002, and is currently taking anti-seizure
medications Keppra and Trileptal. He experienced his last seizure in
2006. Mr. Rafalski 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 four years.
Phillip S. Sage
Mr. Sage is a CMV driver in the state of Michigan. He developed
seizures after a motor vehicle accident in 2007. He experienced his
last seizure in 2008, and was taking anti-seizure medication Keppra. He
has since discontinued anti-seizure medication in 2008. He 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 a
history of safe driving and has discontinued the medication and has
remained seizure-free.
Floyd R. Strader Jr.
Mr. Strader is a CMV driver in the state of North Carolina. He was
diagnosed with a childhood seizure disorder. His last seizure was in
2000, he was thirteen years old at this time. He discontinued the use
of anti-seizure medication in 2001 when he was fourteen. Mr. Strader
experienced a motor vehicle collision which resulted in head-trauma. He
did not experience a seizure; however, he was treated for migraine
headaches. Mr. Strader 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 nine years and
off anti-seizure medication for eight years.
Joseph A. Suhy
Mr. Suhy is CMV driver in the state of Pennsylvania. He was
diagnosed with a seizure disorder after a head injury in 1986. His last
seizure was in 1991 at the time he was taking Tegretol. Subsequently
his anti-seizure medication was changed to Valproic acid and he remains
on this medication to date. His doctor states that he has been seizure-
free for seventeen years. Mr. Suhy 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 and
is compliant with treatment.
Paul C. Warren
Mr. Warren is a CMV driver in the state of Maine. He was diagnosed
with epilepsy in 2000. He experienced his last seizure in 2002, and is
currently taking anti-seizure medication Keppra. His neurologist states
that he has been seizure free for seven years and is compliant with
treatment. Mr. Warren 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 a history of safe driving in CMVs and has
remained seizure free for seven years.
Jeffery P. Weis
Mr. Weis is a CMV driver in the state of Illinois. He experienced
seizures in 2006 caused by metabolic derangement related to stress and
alcohol use. He was placed on Dilantin but discontinued use per
doctor's orders after 6 months. He has remained seizure and medication
free for three years. Mr. Weis 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 a history of safe driving,
decreased alcohol consumption and has discontinued anti-seizure
medication and has remained seizure-free.
Brian H. Wetzel
Mr. Wetzel is a CMV driver in the state of Missouri. He was
diagnosed with a seizure disorder after brain surgery in 1976. He
experienced his last seizure in 1995, and is currently taking anti-
seizure medication Carbamazepine. His neurologist's medical opinion is
that he has been seizure free for fourteen years and is safe to drive.
Mr. Wetzel 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 been seizure free for fourteen years and is
compliant with treatment.
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.
[[Page 38602]]
Issued on: June 25, 2010.
Larry W. Minor,
Associate Administrator for Policy and Program Development.
[FR Doc. 2010-16216 Filed 7-1-10; 8:45 am]
BILLING CODE P
