Qualification of Drivers; Exemption Applications; Epilepsy and Seizure Disorders, 3077-3079 [2013-00713]
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Federal Register / Vol. 78, No. 10 / Tuesday, January 15, 2013 / Notices
Vehicle Driver Safety’’ and other sources.
Below we present the recommendations of
the MEP and provide justification for these
recommendations.
srobinson on DSK4SPTVN1PROD with
Guideline 1: Fitness-to-drive certification of
individuals with a history of epilepsy
The MEP recommended that the current
guidelines pertaining to individuals who
have a diagnosis of epilepsy (Appendix A) be
replaced with the following:
• A history of epilepsy precludes an
individual from obtaining unconditional
certification to drive a CMV for the purposes
of interstate commerce.
• A history of epilepsy, however, should
not unconditionally exclude all individuals
from driving a CMV; conditional certification
may be possible in some instances.
• An individual with a history of epilepsy
may obtain conditional certification (or
maintaining certification under conditional
status) to drive a CMV if that individual
meets the following criteria:
—Individual must have been seizure free for
a minimum of 8 years on or off anti-seizure
medication; AND
—If all anti-seizure medications have been
stopped, the individual must have been
seizure free for a minimum of 8 years from
the time of medication cessation; OR
—If still using anti-seizure medication, the
individual must have been on a stable
medication regimen for a minimum of 2
years.
• An individual with a history of epilepsy
who has been granted conditional
certification to drive a CMV must be
recertified on an annual basis.
Guideline 2: Fitness-to-drive certification of
individuals with a history of a single
unprovoked seizure
The MEP recommended that the current
guideline pertaining to individuals who have
experienced a single, unprovoked seizure
(Appendix A) be replaced with the following
guideline:
• A history of experiencing a single
unprovoked seizure precludes an individual
from obtaining unconditional certification to
drive a CMV for the purposes of interstate
commerce.
• A history of experiencing a single
unprovoked seizure, however, should not
unconditionally exclude all individuals from
driving a CMV; conditional certification may
be possible in some instances.
• An individual with a history of a single,
unprovoked seizure may obtain conditional
certification (or maintaining certification
under conditional status) to drive a CMV if
that individual meets the following criteria:
—Individual must have been seizure free for
a minimum of 4 years on or off anti-seizure
medication; AND
• If all anti-seizure medications have been
stopped, the individual must have been
seizure free for a minimum of 4 years from
the time of medication cessation; OR
• If still using anti-seizure medication, the
individual must have been on a stable
medication regimen for a minimum of 2
years.
• An individual with a history of a single,
unprovoked seizure who has been granted
VerDate Mar<15>2010
17:00 Jan 14, 2013
Jkt 229001
conditional certification to drive a CMV must
be recertified on a biennial basis.
Guideline 3: Fitness-to-drive certification of
individuals with a history of a provoked
seizure or seizures;
This category of seizure pertains to a
provoked seizure. Certification may be
allowed if the individual is at low risk for
again encountering the factor that
precipitated the seizure or of having further
seizures. Patients whose seizures are
provoked by sleep deprivation, photic or
visual pattern stimulation will not be
considered for certification under this
guideline, since these patients may have
underlying epilepsy. Conditional
certification of such individuals will be
considered according to Guideline 1. The
MEP recommended that the current guideline
pertaining to individuals who have
experienced a symptomatic seizure or
seizures (Appendix A) be replaced with the
following guideline:
• A history of experiencing a single
provoked seizure should not automatically
preclude an individual from obtaining
unconditional certification to drive a CMV
for the purposes of interstate commerce.
• Whether an individual with such a
history can be unconditionally certified
requires an individual evaluation to ascertain
that the individual is at a sufficiently low
recurrence risk for again encountering the
factor that precipitated the seizure or of
having further seizures.
• Examples of low risk for recurrence
include:
—A lidocaine-induced seizure during a
dental appointment.
—A concussive seizure, loss of consciousness
≤30 minutes, no penetrating injury.
—A seizure due to syncope not likely to
recur while driving.
—A seizure from an acute metabolic
derangement not likely to recur.
—Drug withdrawal.
• Conditional certification may be
considered for individuals with moderate-tohigh risk factors for recurrence provided that
the following conditions are met:
—Individual must have been seizure free for
a minimum of 8 years on or off anti-seizure
medication; AND
—If all anti-seizure medications have been
stopped, the individual must have been
seizure free for a minimum of 8 years from
the time of medication cessation; OR
—If still using anti-seizure medication, the
individual must have been on a stable
medication regimen for a minimum of 2
years.
• An individual with a history of epilepsy
who has been granted conditional
certification to drive a CMV must be
recertified on an annual basis.
• Examples of seizure-provoking
conditions that are at moderate-to-high risk
for further seizures, and therefore would
weigh against certification, include the
following:
—Head injury with loss of consciousness or
amnesia ≥ 30 minutes or penetrating head
injury.
—Intracerebral hemorrhage of any etiology,
including stroke and trauma.
PO 00000
Frm 00139
Fmt 4703
Sfmt 4703
3077
—Brain infection: encephalitis, meningitis,
abscess, cysticercosis.
—Stroke.
—Intracranial hemorrhage.
—Post-operative brain surgery with
significant brain hemorrhage.
—Brain tumor.
Issued on: January 10, 2013.
William ‘‘Bill’’ Bronrott,
Deputy Administrator, for Federal Motor
Carrier Safety Administration.
[FR Doc. 2013–00709 Filed 1–11–13; 4:15 pm]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2012–0094]
Qualification of Drivers; Exemption
Applications; Epilepsy and Seizure
Disorders
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Notice of applications for
exemption, request for comments.
AGENCY:
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
https://www.regulations.gov. Follow the
on-line instructions for submitting
comments.
SUMMARY:
E:\FR\FM\15JAN1.SGM
15JAN1
3078
Federal Register / Vol. 78, No. 10 / Tuesday, January 15, 2013 / Notices
• 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 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 https://
Docketinfo.dot.gov.
FOR FURTHER INFORMATION CONTACT:
srobinson on DSK4SPTVN1PROD with
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 2year period if it finds ‘‘such exemption
would likely achieve a level of safety
that is equivalent to or greater than the
VerDate Mar<15>2010
17:00 Jan 14, 2013
Jkt 229001
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 6month 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 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.
PO 00000
Frm 00140
Fmt 4703
Sfmt 4703
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 antiseizure medication with the dosage and
frequency remaining the same for over
10 years. If granted the exemption, he
would like to drive vehicles from onehalf 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 semitractors 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
E:\FR\FM\15JAN1.SGM
15JAN1
Federal Register / Vol. 78, No. 10 / Tuesday, January 15, 2013 / Notices
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.
srobinson on DSK4SPTVN1PROD with
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
VerDate Mar<15>2010
17:00 Jan 14, 2013
Jkt 229001
3079
drive a tractor trailer in interstate
commerce.
would return to driving 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.
Request for Comments
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 antiseizure 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 18passenger 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
PO 00000
Frm 00141
Fmt 4703
Sfmt 4703
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
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2012–0294
Qualification of Drivers; Exemption
Applications; Epilepsy and Seizure
Disorders
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Notice of applications for
exemption, request for comments.
AGENCY:
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 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:
SUMMARY:
E:\FR\FM\15JAN1.SGM
15JAN1
]]>Agencies
[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]
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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 https://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 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 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 https://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
