Qualification of Drivers; Exemption Applications; Epilepsy and Seizure Disorders, 28131-28134 [2016-10795]

Download as PDF Federal Register / Vol. 81, No. 89 / Monday, May 9, 2016 / Notices 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 recovered fully 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. As a result of medical examiners misinterpreting advisory criteria as regulation, numerous drivers have been prohibited from operating a CMV 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 based on the physical qualification standards and medical best practices. In reaching the decision to grant these exemption requests, the Agency considered the 2007 recommendations of the Agency’s Medical Expert Panel (MEP). The January 15, 2013 (78 FR 3069) Federal Register notice provides the current MEP recommendations which is the criteria the Agency uses to grant seizure exemptions. These nine applicants have been seizure-free over a range of 5 to 44 years while taking anti-seizure medication and maintained a stable medication treatment regimen for the last two years. In each case, the applicant’s treating physician verified his or her seizure history and supports the ability to drive commercially. A summary of each applicant’s seizure history was discussed in the November 12, 2015 Federal Register notice and will not be repeated in this notice. III. Discussion of Comments mstockstill on DSK3G9T082PROD with NOTICES Seven commenters responded to this notice, six of whom specifically expressed support for applicant Thomas Vivirito and one in support of her husband receiving an exemption. The Agency has determined that nine applicants should be granted an exemption. IV. Basis for Exemption Determination Under 49 U.S.C. 31136(e) and 31315(b), FMCSA may grant an exemption from the epilepsy/seizure standard in 49 CFR 391.41(b)(8) if the exemption is likely to achieve an equivalent or greater level of safety than VerDate Sep<11>2014 17:44 May 06, 2016 Jkt 238001 would be achieved without the exemption. The exemption allows the applicants to operate CMVs in interstate commerce. The Agency’s decision regarding these exemption applications is based on an individualized assessment of each applicant’s medical information, including the root cause of the respective seizure(s) and medical information about the applicant’s seizure history, the length of time that has elapsed since the individual’s last seizure, the stability of each individual’s treatment regimen and the duration of time on or off of anti-seizure medication. In addition, the Agency reviewed the treating clinician’s medical opinion related to the ability of the driver to safely operate a CMV with a history of seizure and each applicant’s driving record found in the Commercial Driver’s License Information System (CDLIS) for commercial driver’s license (CDL) holders, and interstate and intrastate inspections recorded in the Motor Carrier Management Information System (MCMIS). For non-CDL holders, the Agency reviewed the driving records from the State Driver’s Licensing Agency (SDLA). The Agency acknowledges the potential consequences of a driver experiencing a seizure while operating a CMV. However, the Agency believes the drivers granted this exemption have demonstrated that they are unlikely to have a seizure and their medical condition does not pose a risk to public safety. Consequently, FMCSA finds that in each case exempting these applicants from the epilepsy/seizure standard in 49 CFR 391.41(b)(8) is likely to achieve a level of safety equal to that existing without the exemption. V. Conditions and Requirements The terms and conditions of the exemption will be provided to the applicants in the exemption document and includes the following: (1) Each individual must remain seizure-free and maintain a stable treatment during the 2-year exemption period; (2) each individual must submit annual reports from their treating physicians attesting to the stability of treatment and that the driver has remained seizure-free; (3) each individual must undergo an annual medical examination by a certified Medical Examiner, as defined by 49 CFR 390.5; and (4) each individual must provide a copy of the annual medical certification to the employer for retention in the driver’s qualification file, or keep a copy of his/her driver’s qualification file if he/she is selfemployed. The driver must also have a PO 00000 Frm 00086 Fmt 4703 Sfmt 4703 28131 copy of the exemption when driving, for presentation to a duly authorized Federal, State, or local enforcement official. VI. Conclusion Based upon its evaluation of the nine exemption applications, FMCSA exempts the following drivers from the epilepsy/seizure standard in 49 CFR 391.41(b)(8), subject to the requirements cited above: Kenneth Lee Brown (WY), Douglas Ray Burkhardt (SD); Curtis Alan Hartman (MD); Wendell Frank Headley, Jr. (MO); Gregory L. Hrutkay (PA); Michael William Ketchum, Sr. (MI); Marion Franklin Legg, Jr. (MD); Alvin Clarence Strite (PA); and Thomas B. Vivirito (PA). In accordance with 49 U.S.C. 31315(b)(1), each exemption is valid for 2 years, unless revoked earlier by FMCSA. The exemption will be revoked if the following occurs: (1) The individual 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 prior to being granted; or (3) continuation of the exemption would not be consistent with the goals and objectives of 49 U.S.C. 31136 and 31315. If the exemption is still effective at the end of the 2-year period, the individual may apply to FMCSA for a renewal under procedures in effect at that time. Issued on: April 29, 2016. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2016–10796 Filed 5–6–16; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA–2015–0322] Qualification of Drivers; Exemption Applications; Epilepsy and Seizure Disorders Federal Motor Carrier Safety Administration (FMCSA), Department of Transportation (DOT). ACTION: Notice of applications for exemptions; request for comments. AGENCY: FMCSA announces receipt of applications from 27 individuals for an exemption from the prohibition against persons with a clinical diagnosis of epilepsy or any other condition that is likely to cause a loss of consciousness or any loss of ability to operate a commercial motor vehicle (CMV) in interstate commerce. If granted, the exemptions would enable these SUMMARY: E:\FR\FM\09MYN1.SGM 09MYN1 mstockstill on DSK3G9T082PROD with NOTICES 28132 Federal Register / Vol. 81, No. 89 / Monday, May 9, 2016 / Notices individuals who have had one or more seizures and are taking anti-seizure medication to operate CMVs for up to 2 years in interstate commerce. DATES: Comments must be received on or before June 8, 2016. ADDRESSES: You may submit comments bearing the Federal Docket Management System (FDMS) Docket No. FMCSA– 2015–0322 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 numbers for this notice. Note that all comments received will be posted without change to https:// www.regulations.gov, including any personal information provided. Please see the Privacy Act heading below for further information. 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 Federal Docket Management System (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: In accordance with 5 U.S.C. 553(c), DOT solicits comments from the public to better inform its rulemaking process. DOT posts these comments, without edit, including any personal information the commenter provides, to https://www.regulations.gov as described in the system records notice (DOT/ALL–14 FDMS), which can be reviewed at https://www.dot.gov/ privacy. FOR FURTHER INFORMATION CONTACT: Christine A. Hydock, Chief, Medical Programs Division, (202) 366–4001, or VerDate Sep<11>2014 17:44 May 06, 2016 Jkt 238001 via email at fmcsamedical@dot.gov, or by letter to 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: I. Background Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption for up to 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 allow the Agency to renew exemptions at the end of the 2-year period. The 27 individuals listed in this notice have requested an exemption from the epilepsy prohibition in 49 CFR 391.41(b)(8), which applies to drivers who operate CMVs in interstate commerce. Accordingly, the Agency will evaluate the qualifications of each applicant to determine whether granting the exemption will achieve the required level of safety mandated by statute. The physical qualification standard for drivers regarding epilepsy found in 49 CFR 391.41(b)(8) states that a person is physically qualified to drive a CMV if that person Has no established medical history or clinical diagnosis of epilepsy or any other condition which is likely to cause the loss of consciousness or any loss of ability to control a CMV. In addition to the regulations, FMCSA has published advisory criteria to assist medical examiners in determining whether drivers with certain medical conditions are qualified to operate a CMV in interstate commerce. The advisory criteria found in Appendix A to 49 CFR 391.41, states that If an individual has had a sudden episode of a non-epileptic seizure or loss of consciousness of unknown cause that 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, PO 00000 Frm 00087 Fmt 4703 Sfmt 4703 dehydration, or acute metabolic disturbance), certification should be deferred until the driver has recovered fully 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. As a result of medical examiners misinterpreting advisory criteria as regulation, numerous drivers have been prohibited from operating a CMV 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 based on the physical qualification standards and medical best practices. II. Qualifications of Applicants Hamilton Barnard Mr. Barnard is a 38 year-old driver in California. He has a history of a seizure disorder and has remained seizure free since 2005. He takes anti-seizure medication with the dosage and frequency remaining the same since that time. His physician states that he is supportive of Mr. Barnard receiving an exemption. William E. Beaver Mr. Beaver is a 50 year-old class A CDL holder in Minnesota. He has a history of a single seizure in January 2015, likely secondary to cyclosporine use and posterior reversible encephalopathy syndrome. He discontinued taking anti-seizure in May 2015. His physician states that he is supportive of Mr. Beaver receiving an exemption. Paul V. Carlson Mr. Carlson is a 38 year-old driver in Minnesota. He has a history of a single seizure following brain surgery for treatment of an obstructive hydrocephalus ventricular colloid cyst in 2015. He takes anti-seizure medication with the dosage and frequency remaining the same since that time. His physician states that he is supportive of Mr. Carlson receiving an exemption. Edward J. Carder Jr. Mr. Carder is a 37 year-old driver in Ohio. He has a history of a single seizure in 2010. He takes anti-seizure medication with the dosage and E:\FR\FM\09MYN1.SGM 09MYN1 Federal Register / Vol. 81, No. 89 / Monday, May 9, 2016 / Notices frequency remaining the same since that time. His physician states that he is supportive of Mr. Carder receiving an exemption. Timothy M. Crampton Mr. Crampton is a 24 year-old driver in Connecticut. He has a history of epilepsy and has remained seizure free since 2002. He takes anti-seizure medication with the dosage and frequency remaining the same since that time. His physician states that he is supportive of Mr. Crampton receiving an exemption. Henry Dennis Counts Jr. Mr. Counts is a 39 year-old driver in Maryland. He has a history of a seizure disorder and has remained seizure free since 2003. He takes anti-seizure medication with the dosage and frequency remaining the same since 2006. His physician states that he is supportive of Mr. Counts receiving an exemption. Tommy Joe Cox Mr. Cox is a 53 year-old class B CDL holder in Kentucky. He has a history of epilepsy and has remained seizure free since 2014. He takes anti-seizure medication with the dosage and frequency remaining the same since that time. His physician states that he is supportive of Mr. Cox receiving an exemption. Michael D. Davis Mr. Davis is a 47 year-old class A CDL holder in Maine. He has a history of a seizure disorder and has remained seizure free since 1998. He takes antiseizure medication with the dosage and frequency remaining the same since 2002. His physician states that he is supportive of Mr. Davis receiving an exemption. William Garvin Mr. Garvin is a 38 year-old driver in New Hampshire. He has a history of a seizure in 2015. He takes anti-seizure medication with the dosage and frequency remaining the same since that time. His physician states that she is supportive of Mr. Garvin receiving an exemption. mstockstill on DSK3G9T082PROD with NOTICES Charlie E. Getchell Mr. Getchell is a 57 year-old class B CDL holder in Wisconsin. He has a history of a single seizure and has remained seizure free since 1986. He takes anti-seizure medication with the dosage and frequency remaining the same since that time. His physician states that he is supportive of Mr. Getchell receiving an exemption. VerDate Sep<11>2014 17:44 May 06, 2016 Jkt 238001 Dennis R. Giles Mr. Giles is a 56 year-old class B CDL holder in Indiana. He has a history of a single seizure in 2010 and has remained seizure free since that time. He takes anti-seizure medication with the dosage and frequency remaining the same since that time. His physician states that he is supportive of Mr. Giles receiving an exemption. Jeremiah Gonzales Mr. Gonzales is a 34 year-old class A CDL holder in Colorado. He has a history of a seizure disorder and has remained seizure free since 2009. He takes anti-seizure medication with the dosage and frequency remaining the same since 2013. His physician states that he is supportive of Mr. Gonzales receiving an exemption. Robert W. Goddard Mr. Goddard is a 53 year-old class B CDL holder in New Hampshire. He has a history of a seizure disorder and has remained seizure free since 2006. He takes anti-seizure medication with the dosage and frequency remaining the same since 2013. His physician states that he is supportive of Mr. Goddard receiving an exemption. Roderick L. Haslip Mr. Haslip is a 54 year-old class A CDL holder in New York. He has a history of a seizure disorder and has remained seizure free since 2010. He takes anti-seizure medication with the dosage and frequency remaining the same since that time. His physician states that he is supportive of Mr. Haslip receiving an exemption. Larry G. Hediger Mr. Hediger is a 59 year-old class A CDL holder in Illinois. He has a history of epilepsy and has remained seizure free since 2004. He takes anti-seizure medication with the dosage and frequency remaining the same since 2006. His physician states that he is supportive of Mr. Hediger receiving an exemption. Martin Lancaster Mr. Lancaster is a 51 year-old driver in Maine. He has a history of a seizure disorder and has remained seizure free since 2001. He takes anti-seizure medication with the dosage and frequency remaining the same since that time. His physician states that he is supportive of Mr. Lancaster receiving an exemption. Philip A. Logan Mr. Logan is a 35 year-old driver in South Carolina. He has a history of a PO 00000 Frm 00088 Fmt 4703 Sfmt 4703 28133 seizure disorder and has remained seizure free since 1998. He takes antiseizure medication with the dosage and frequency remaining the same since that time. His physician states that he is supportive of Mr. Logan receiving an exemption. Eric J. McVetty Mr. McVetty is a 29 year-old class B CDL holder in New Hampshire. He has a history of a seizure disorder and has remained seizure free since 2005. He takes anti-seizure medication with the dosage and frequency remaining the same since that time. His physician states that he is supportive of Mr. McVetty receiving an exemption. Doug William Outfleet Mr. Outfleet is a 55 year-old driver in California. He has a history of a seizure disorder and has remained seizure free since 2010. He takes anti-seizure medication with the dosage and frequency remaining the same since that time. His physician states that he is supportive of Mr. Outfleet receiving an exemption. David J. Parris Mr. Parris is a 22 year-old driver in Illinois. He has a history of a seizure disorder and has remained seizure free since 2012. He takes anti-seizure medication with the dosage and frequency remaining the same since that time. His physician states that he is supportive of Mr. Parris receiving an exemption. Donald John Richmond Mr. Richmond is a 63 year-old driver in South Carolina. He has a history of a seizure disorder and has remained seizure free since 1980. He takes antiseizure medication with the dosage and frequency remaining the same since 2001. His physician states that he is supportive of Mr. Richmond receiving an exemption. Shawn E. Sands Mr. Sands is a 32 year-old driver in Illinois. He has a history of epilepsy and has remained seizure free since 2009. He takes anti-seizure medication with the dosage and frequency remaining the same since that time. His physician states that he is supportive of Mr. Sands receiving an exemption. Robert B.Skinner Mr. Skinner is a 43 year-old driver in Ohio. He has a history of a brain tumor and has remained seizure free since 2007. He takes anti-seizure medication with the dosage and frequency remaining the same since that time. His E:\FR\FM\09MYN1.SGM 09MYN1 28134 Federal Register / Vol. 81, No. 89 / Monday, May 9, 2016 / Notices physician states that he is supportive of Mr. Skinner receiving an exemption. Shaen Smith Mr. Smith is a 47 year-old driver in Minnesota. He has a history of epilepsy and has remained seizure free since 1998. He takes anti-seizure medication with the dosage and frequency remaining the same since 2013. His physician states that he is supportive of Mr. Smith receiving an exemption. Kevin Lee Sprinkle Mr. Sprinkle is a 35 year-old class A CDL holder in North Carolina. He has a history of juvenile epilepsy and has remained seizure free since 2005. He takes anti-seizure medication with the dosage and frequency remaining the same since that time. His physician states that he is supportive of Mr. Sprinkle receiving an exemption. Patrick Trimbo search box insert the docket number ‘‘FMCSA–2015–0322’’ and click the search button. When the new screen appears, click on the blue ‘‘Comment Now!’’ button on the right hand side of the page. On the new page, enter information required including the specific section of this document to which each comment applies, and provide a reason for each suggestion or recommendation. If you submit your comments by mail or hand delivery, submit them in an unbound format, no larger than 81⁄2 by 11 inches, suitable for copying and electronic filing. If you submit comments by mail and would like to know that they reached the facility, please enclose a stamped, selfaddressed postcard or envelope. We will consider all comments and materials received during the comment period. FMCSA may issue a final determination any time after the close of the comment period. Mr. Trimbo is a 53 year-old class A CDL holder in Minnesota. He has a history of a seizure disorder and has remained seizure free since 1996. He takes anti-seizure medication with the dosage and frequency remaining the same since 2008. His physician states that he is supportive of Mr. Trimbo receiving an exemption. V. Viewing Comments and Documents Alan Washabaugh Issued on: April 29, 2016. Larry W. Minor, Associate Administrator for Policy. To view comments, as well as any documents mentioned in this preamble, go to https://www.regulations.gov and in the search box insert the docket number FMCSA–2015–0322 and click ‘‘Search.’’ Next, click ‘‘Open Docket Folder’’ and you will find all documents and comments related to this notice. Mr. Washabaugh is a 57 year-old class A CDL holder in Pennsylvania. He has a history of a seizure disorder and has remained seizure free since 1996. He takes anti-seizure medication with the dosage and frequency remaining the same since that time. His physician states that he is supportive of Mr. Washabaugh receiving an exemption. III. Request for Comments In accordance with 49 U.S.C. 31136(e) and 31315, FMCSA requests public comment from all interested persons on the exemption petitions described in this notice. We will consider all comments received before the close of business on the closing date indicated in the date section of the notice. mstockstill on DSK3G9T082PROD with NOTICES IV. Submitting Comments You may submit your comments and material online or by fax, mail, or hand delivery, but please use only one of these means. FMCSA recommends that you include your name and a mailing address, an email address, or a phone number in the body of your document so that FMCSA can contact you if there are questions regarding your submission. To submit your comment online, go to https://www.regulations.gov and in the VerDate Sep<11>2014 17:44 May 06, 2016 Jkt 238001 [FR Doc. 2016–10795 Filed 5–6–16; 8:45 am] BILLING CODE 4910–EX–P The exemptions were effective on January 21, 2016. The exemptions expire on January 21, 2018. FOR FURTHER INFORMATION CONTACT: Christine A. Hydock, Chief, Medical Programs Division, (202) 366–4001, fmcsamedical@dot.gov, FMCSA, Department of Transportation, 1200 New Jersey Avenue SE., Room W64– 113, Washington, DC 20590–0001. Office hours are from 8:30 a.m. to 5 p.m. e.t., Monday through Friday, except Federal holidays. SUPPLEMENTARY INFORMATION: DATES: I. Electronic Access You may see all the comments online through the Federal Document Management System (FDMS) at: https:// www.regulations.gov. Docket: For access to the docket to read background documents or comments, go to https:// www.regulations.gov and/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. Privacy Act: In accordance with 5 U.S.C. 553(c), DOT solicits comments from the public to better inform its rulemaking process. DOT posts these comments, without edit, including any personal information the commenter provides, to www.regulations.gov, as described in the system of records notice (DOT/ALL–14 FDMS), which can be reviewed at www.dot.gov/privacy. II. Background DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [FMCSA Docket No. FMCSA–2015–0320] Qualification of Drivers; Exemption Applications; Epilepsy and Seizure Disorders Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice of final disposition. AGENCY: FMCSA announces its decision to exempt eight individuals from the regulatory requirement that interstate commercial motor vehicle (CMV) drivers have ‘‘no established medical history or clinical diagnosis of epilepsy or any other condition which is likely to cause loss of consciousness or any loss of ability to control a CMV.’’ The exemptions enable these individuals to operate CMVs in interstate commerce. SUMMARY: PO 00000 Frm 00089 Fmt 4703 Sfmt 4703 On December 21, 2015, FMCSA published a notice announcing receipt of applications from 17 individuals requesting an exemption from the prohibition against persons with a clinical diagnosis of epilepsy or any other condition that is likely to cause a loss of consciousness or any loss of ability to operate a CMV in interstate commerce and requested comments from the public (80 FR 70065). The public comment period closed on January 20, 2016, and no comments were received. FMCSA has evaluated the eligibility of these applicants and determined that granting the exemptions to eight individuals would achieve a level of safety equivalent to or greater than the level that would be achieved by complying with the current regulation 49 CFR 391.41(b)(8). The physical qualification standard for drivers regarding epilepsy found in 49 CFR 391.41(b)(8) states that a person is physically qualified to drive a CMV if that person E:\FR\FM\09MYN1.SGM 09MYN1

Agencies

[Federal Register Volume 81, Number 89 (Monday, May 9, 2016)]
[Notices]
[Pages 28131-28134]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-10795]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2015-0322]


Qualification of Drivers; Exemption Applications; Epilepsy and 
Seizure Disorders

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), Department 
of Transportation (DOT).

ACTION: Notice of applications for exemptions; request for comments.

-----------------------------------------------------------------------

SUMMARY: FMCSA announces receipt of applications from 27 individuals 
for an exemption from the prohibition against persons with a clinical 
diagnosis of epilepsy or any other condition that is likely to cause a 
loss of consciousness or any loss of ability to operate a commercial 
motor vehicle (CMV) in interstate commerce. If granted, the exemptions 
would enable these

[[Page 28132]]

individuals who have had one or more seizures and are taking anti-
seizure medication to operate CMVs for up to 2 years in interstate 
commerce.

DATES: Comments must be received on or before June 8, 2016.

ADDRESSES: You may submit comments bearing the Federal Docket 
Management System (FDMS) Docket No. FMCSA-2015-0322 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 numbers for this notice. Note that all comments received will be 
posted without change to https://www.regulations.gov, including any 
personal information provided. Please see the Privacy Act heading below 
for further information.
    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 Federal Docket Management System (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: In accordance with 5 U.S.C. 553(c), DOT solicits 
comments from the public to better inform its rulemaking process. DOT 
posts these comments, without edit, including any personal information 
the commenter provides, to https://www.regulations.gov as described in 
the system records notice (DOT/ALL-14 FDMS), which can be reviewed at 
https://www.dot.gov/privacy.

FOR FURTHER INFORMATION CONTACT: Christine A. Hydock, Chief, Medical 
Programs Division, (202) 366-4001, or via email at 
fmcsamedical@dot.gov, or by letter to 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: 

I. Background

    Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption 
for up to 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 
allow the Agency to renew exemptions at the end of the 2-year period. 
The 27 individuals listed in this notice have requested an exemption 
from the epilepsy prohibition in 49 CFR 391.41(b)(8), which applies to 
drivers who operate CMVs in interstate commerce. Accordingly, the 
Agency will evaluate the qualifications of each applicant to determine 
whether granting the exemption will achieve the required level of 
safety mandated by statute.
    The physical qualification standard for drivers regarding epilepsy 
found in 49 CFR 391.41(b)(8) states that a person is physically 
qualified to drive a CMV if that person

    Has no established medical history or clinical diagnosis of 
epilepsy or any other condition which is likely to cause the loss of 
consciousness or any loss of ability to control a CMV.

    In addition to the regulations, FMCSA has published advisory 
criteria to assist medical examiners in determining whether drivers 
with certain medical conditions are qualified to operate a CMV in 
interstate commerce. The advisory criteria found in Appendix A to 49 
CFR 391.41, states that

    If an individual has had a sudden episode of a non-epileptic 
seizure or loss of consciousness of unknown cause that 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 recovered fully 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.

    As a result of medical examiners misinterpreting advisory criteria 
as regulation, numerous drivers have been prohibited from operating a 
CMV 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 based on the physical qualification standards and medical best 
practices.

II. Qualifications of Applicants

Hamilton Barnard

    Mr. Barnard is a 38 year-old driver in California. He has a history 
of a seizure disorder and has remained seizure free since 2005. He 
takes anti-seizure medication with the dosage and frequency remaining 
the same since that time. His physician states that he is supportive of 
Mr. Barnard receiving an exemption.

William E. Beaver

    Mr. Beaver is a 50 year-old class A CDL holder in Minnesota. He has 
a history of a single seizure in January 2015, likely secondary to 
cyclosporine use and posterior reversible encephalopathy syndrome. He 
discontinued taking anti-seizure in May 2015. His physician states that 
he is supportive of Mr. Beaver receiving an exemption.

Paul V. Carlson

    Mr. Carlson is a 38 year-old driver in Minnesota. He has a history 
of a single seizure following brain surgery for treatment of an 
obstructive hydrocephalus ventricular colloid cyst in 2015. He takes 
anti-seizure medication with the dosage and frequency remaining the 
same since that time. His physician states that he is supportive of Mr. 
Carlson receiving an exemption.

Edward J. Carder Jr.

    Mr. Carder is a 37 year-old driver in Ohio. He has a history of a 
single seizure in 2010. He takes anti-seizure medication with the 
dosage and

[[Page 28133]]

frequency remaining the same since that time. His physician states that 
he is supportive of Mr. Carder receiving an exemption.

Timothy M. Crampton

    Mr. Crampton is a 24 year-old driver in Connecticut. He has a 
history of epilepsy and has remained seizure free since 2002. He takes 
anti-seizure medication with the dosage and frequency remaining the 
same since that time. His physician states that he is supportive of Mr. 
Crampton receiving an exemption.

Henry Dennis Counts Jr.

    Mr. Counts is a 39 year-old driver in Maryland. He has a history of 
a seizure disorder and has remained seizure free since 2003. He takes 
anti-seizure medication with the dosage and frequency remaining the 
same since 2006. His physician states that he is supportive of Mr. 
Counts receiving an exemption.

Tommy Joe Cox

    Mr. Cox is a 53 year-old class B CDL holder in Kentucky. He has a 
history of epilepsy and has remained seizure free since 2014. He takes 
anti-seizure medication with the dosage and frequency remaining the 
same since that time. His physician states that he is supportive of Mr. 
Cox receiving an exemption.

Michael D. Davis

    Mr. Davis is a 47 year-old class A CDL holder in Maine. He has a 
history of a seizure disorder and has remained seizure free since 1998. 
He takes anti-seizure medication with the dosage and frequency 
remaining the same since 2002. His physician states that he is 
supportive of Mr. Davis receiving an exemption.

William Garvin

    Mr. Garvin is a 38 year-old driver in New Hampshire. He has a 
history of a seizure in 2015. He takes anti-seizure medication with the 
dosage and frequency remaining the same since that time. His physician 
states that she is supportive of Mr. Garvin receiving an exemption.

Charlie E. Getchell

    Mr. Getchell is a 57 year-old class B CDL holder in Wisconsin. He 
has a history of a single seizure and has remained seizure free since 
1986. He takes anti-seizure medication with the dosage and frequency 
remaining the same since that time. His physician states that he is 
supportive of Mr. Getchell receiving an exemption.

Dennis R. Giles

    Mr. Giles is a 56 year-old class B CDL holder in Indiana. He has a 
history of a single seizure in 2010 and has remained seizure free since 
that time. He takes anti-seizure medication with the dosage and 
frequency remaining the same since that time. His physician states that 
he is supportive of Mr. Giles receiving an exemption.

Jeremiah Gonzales

    Mr. Gonzales is a 34 year-old class A CDL holder in Colorado. He 
has a history of a seizure disorder and has remained seizure free since 
2009. He takes anti-seizure medication with the dosage and frequency 
remaining the same since 2013. His physician states that he is 
supportive of Mr. Gonzales receiving an exemption.

Robert W. Goddard

    Mr. Goddard is a 53 year-old class B CDL holder in New Hampshire. 
He has a history of a seizure disorder and has remained seizure free 
since 2006. He takes anti-seizure medication with the dosage and 
frequency remaining the same since 2013. His physician states that he 
is supportive of Mr. Goddard receiving an exemption.

Roderick L. Haslip

    Mr. Haslip is a 54 year-old class A CDL holder in New York. He has 
a history of a seizure disorder and has remained seizure free since 
2010. He takes anti-seizure medication with the dosage and frequency 
remaining the same since that time. His physician states that he is 
supportive of Mr. Haslip receiving an exemption.

Larry G. Hediger

    Mr. Hediger is a 59 year-old class A CDL holder in Illinois. He has 
a history of epilepsy and has remained seizure free since 2004. He 
takes anti-seizure medication with the dosage and frequency remaining 
the same since 2006. His physician states that he is supportive of Mr. 
Hediger receiving an exemption.

Martin Lancaster

    Mr. Lancaster is a 51 year-old driver in Maine. He has a history of 
a seizure disorder and has remained seizure free since 2001. He takes 
anti-seizure medication with the dosage and frequency remaining the 
same since that time. His physician states that he is supportive of Mr. 
Lancaster receiving an exemption.

Philip A. Logan

    Mr. Logan is a 35 year-old driver in South Carolina. He has a 
history of a seizure disorder and has remained seizure free since 1998. 
He takes anti-seizure medication with the dosage and frequency 
remaining the same since that time. His physician states that he is 
supportive of Mr. Logan receiving an exemption.

Eric J. McVetty

    Mr. McVetty is a 29 year-old class B CDL holder in New Hampshire. 
He has a history of a seizure disorder and has remained seizure free 
since 2005. He takes anti-seizure medication with the dosage and 
frequency remaining the same since that time. His physician states that 
he is supportive of Mr. McVetty receiving an exemption.

Doug William Outfleet

    Mr. Outfleet is a 55 year-old driver in California. He has a 
history of a seizure disorder and has remained seizure free since 2010. 
He takes anti-seizure medication with the dosage and frequency 
remaining the same since that time. His physician states that he is 
supportive of Mr. Outfleet receiving an exemption.

David J. Parris

    Mr. Parris is a 22 year-old driver in Illinois. He has a history of 
a seizure disorder and has remained seizure free since 2012. He takes 
anti-seizure medication with the dosage and frequency remaining the 
same since that time. His physician states that he is supportive of Mr. 
Parris receiving an exemption.

Donald John Richmond

    Mr. Richmond is a 63 year-old driver in South Carolina. He has a 
history of a seizure disorder and has remained seizure free since 1980. 
He takes anti-seizure medication with the dosage and frequency 
remaining the same since 2001. His physician states that he is 
supportive of Mr. Richmond receiving an exemption.

Shawn E. Sands

    Mr. Sands is a 32 year-old driver in Illinois. He has a history of 
epilepsy and has remained seizure free since 2009. He takes anti-
seizure medication with the dosage and frequency remaining the same 
since that time. His physician states that he is supportive of Mr. 
Sands receiving an exemption.

Robert B.Skinner

    Mr. Skinner is a 43 year-old driver in Ohio. He has a history of a 
brain tumor and has remained seizure free since 2007. He takes anti-
seizure medication with the dosage and frequency remaining the same 
since that time. His

[[Page 28134]]

physician states that he is supportive of Mr. Skinner receiving an 
exemption.

Shaen Smith

    Mr. Smith is a 47 year-old driver in Minnesota. He has a history of 
epilepsy and has remained seizure free since 1998. He takes anti-
seizure medication with the dosage and frequency remaining the same 
since 2013. His physician states that he is supportive of Mr. Smith 
receiving an exemption.

Kevin Lee Sprinkle

    Mr. Sprinkle is a 35 year-old class A CDL holder in North Carolina. 
He has a history of juvenile epilepsy and has remained seizure free 
since 2005. He takes anti-seizure medication with the dosage and 
frequency remaining the same since that time. His physician states that 
he is supportive of Mr. Sprinkle receiving an exemption.

Patrick Trimbo

    Mr. Trimbo is a 53 year-old class A CDL holder in Minnesota. He has 
a history of a seizure disorder and has remained seizure free since 
1996. He takes anti-seizure medication with the dosage and frequency 
remaining the same since 2008. His physician states that he is 
supportive of Mr. Trimbo receiving an exemption.

Alan Washabaugh

    Mr. Washabaugh is a 57 year-old class A CDL holder in Pennsylvania. 
He has a history of a seizure disorder and has remained seizure free 
since 1996. He takes anti-seizure medication with the dosage and 
frequency remaining the same since that time. His physician states that 
he is supportive of Mr. Washabaugh receiving an exemption.

III. Request for Comments

    In accordance with 49 U.S.C. 31136(e) and 31315, FMCSA requests 
public comment from all interested persons on the exemption petitions 
described in this notice. We will consider all comments received before 
the close of business on the closing date indicated in the date section 
of the notice.

IV. Submitting Comments

    You may submit your comments and material online or by fax, mail, 
or hand delivery, but please use only one of these means. FMCSA 
recommends that you include your name and a mailing address, an email 
address, or a phone number in the body of your document so that FMCSA 
can contact you if there are questions regarding your submission.
    To submit your comment online, go to https://www.regulations.gov and 
in the search box insert the docket number ``FMCSA-2015-0322'' and 
click the search button. When the new screen appears, click on the blue 
``Comment Now!'' button on the right hand side of the page. On the new 
page, enter information required including the specific section of this 
document to which each comment applies, and provide a reason for each 
suggestion or recommendation. If you submit your comments by mail or 
hand delivery, submit them in an unbound format, no larger than 8\1/2\ 
by 11 inches, suitable for copying and electronic filing. If you submit 
comments by mail and would like to know that they reached the facility, 
please enclose a stamped, self-addressed postcard or envelope. We will 
consider all comments and materials received during the comment period. 
FMCSA may issue a final determination any time after the close of the 
comment period.

V. Viewing Comments and Documents

    To view comments, as well as any documents mentioned in this 
preamble, go to https://www.regulations.gov and in the search box insert 
the docket number FMCSA-2015-0322 and click ``Search.'' Next, click 
``Open Docket Folder'' and you will find all documents and comments 
related to this notice.

    Issued on: April 29, 2016.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2016-10795 Filed 5-6-16; 8:45 am]
 BILLING CODE 4910-EX-P
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