Qualification of Drivers; Exemption Applications; Epilepsy and Seizure Disorders, 96189-96191 [2016-31544]
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Federal Register / Vol. 81, No. 250 / Thursday, December 29, 2016 / Notices
years. 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
requirement at 49 CFR 391.41(b)(10).
The qualifications and medical
condition of each applicant were stated
and discussed in detail in the October
20, 2016, Federal Register notice and
they will not be repeated in this notice.
III. Discussion of Comments
FMCSA received no comments in this
proceeding.
asabaliauskas on DSK3SPTVN1PROD with NOTICES
IV. Basis for Exemption Determination
Under 49 U.S.C. 31136(e) and 31315,
FMCSA may grant an exemption from
the diabetes requirement 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 requirement in 49 CFR
391.41(b)(3) 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 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
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18:41 Dec 28, 2016
Jkt 241001
individual provide a copy of the annual
medical certification to the employer for
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.
VI. Conclusion
Based upon its evaluation of the 46
exemption applications, FMCSA
exempts the following drivers from the
diabetes requirement in 49 CFR
391.41(b)(3), subject to the requirements
cited above 49 CFR 391.64(b):
Colter E. Allen (MT)
Bert F. Asa (CO)
Brandon D. Baird (TN)
Glenn C. Blank (PA)
Michael H. Blosser (WA)
Francis A. Boadu (MA)
John K. Brown (KY)
Timothy L. Dahlberg (WI)
Randy S. Dorn (WI)
Troy E. Dreisbach (PA)
Janice K. Epperson (MO)
Chase L. Fugere (ND)
Richard A. Geiger (IL)
Kenneth B. Golden, Jr. (NY)
Todd K. Grama (NY)
Rick L. Hendrickson (ND)
Glenn E. Hoffman (FL)
Jeffrey S. Horvath (OH)
Herbert S. Johnson, II (IA)
Randall L. Johnson (GA)
Gary D. Jones (IA)
Charles C. Kennedy (UT)
John A. Larson (MN)
Jose A. Lucero (AZ)
Gerry A. Lutz (IA)
Gary P. Marquez (CA)
George F. McCrory (MO)
Richard R. McDonald (NY)
William P. McLemore, Jr. (IL)
Jason M. Moch (ND)
George K. Namauu, Jr. (HI)
Ashby J. Nuckols (VA)
Encarnacion Oranday, Jr. (TX)
Jonathan P. Preissler (MA)
Charles R. Quilty (IL)
Joseph M. Rowe (MO)
Donald G. Runyon (IN)
John B. Simpson (NH)
Ronnie J. Smith (NC)
Troy Smith (OH)
Mitchell A. Thomas (MN)
James M. Vavao (CA)
Steven A. Vilardo (KY)
Joseph H. Wamsley (WV)
Richelle Y. Wyatt (PA)
Roy O. Young (PA)
In accordance with 49 U.S.C. 31136(e)
and 31315 each exemption is valid for
two years unless revoked earlier by
FMCSA. The exemption will be revoked
PO 00000
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Fmt 4703
Sfmt 4703
96189
if the following occurs: (1) The person
fails to comply with the terms and
conditions of the exemption; (2) the
exemption has resulted in a lower level
of safety than was maintained before it
was granted; or (3) continuation of the
exemption would not be consistent with
the goals and objectives of 49 U.S.C.
31136(e) and 31315. If the exemption is
still effective at the end of the 2-year
period, the person may apply to FMCSA
for a renewal under procedures in effect
at that time.
Issued on: December 15, 2016.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2016–31549 Filed 12–28–16; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2016–0313]
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 eight individuals for
an exemption from the prohibition in
the Federal Motor Carrier Safety
Regulations (FMCSRs) 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 control a commercial motor
vehicle (CMV) to drive in interstate
commerce. If granted, the exemptions
would enable these individuals who
have had one or more seizures and are
taking anti-seizure medication to
operate CMVs in interstate commerce.
DATES: Comments must be received on
or before January 30, 2017.
ADDRESSES: You may submit comments
bearing the Federal Docket Management
System (FDMS) Docket No. FMCSA–
2016–0313 using any of the following
methods:
• Federal eRulemaking Portal: Go to
https://www.regulations.gov. Follow the
online 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
SUMMARY:
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96190
Federal Register / Vol. 81, No. 250 / Thursday, December 29, 2016 / Notices
New Jersey Avenue SE., Washington,
DC, between 9 a.m. and 5 p.m. e.t.,
Monday through Friday, except Federal
Holidays.
• Fax: 1–202–493–2251.
Instructions: Each submission must
include the Agency name and the
docket number(s) 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., e.t., 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 online.
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.
Ms.
Christine A. Hydock, Chief, Medical
Programs Division, (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 8:30 a.m. to 5 p.m., e.t.,
Monday through Friday, except Federal
holidays. If you have questions
regarding viewing or submitting
material to the docket, contact Docket
Services, telephone (202) 366–9826.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
asabaliauskas on DSK3SPTVN1PROD with NOTICES
I. Background
Under 49 U.S.C. 31136(e) and 31315,
FMCSA may grant an exemption from
the FMCSRs 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 statute also allows the
Agency to renew exemptions at the end
of the two-year period.
VerDate Sep<11>2014
18:41 Dec 28, 2016
Jkt 241001
The eight individuals listed in this
notice have requested an exemption
from the epilepsy prohibition in 49 CFR
391.41(b)(8). 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 1 to
assist Medical Examiners in
determining whether drivers with
certain medical conditions are qualified
to operate a CMV in interstate
commerce. [49 CFR part 391,
APPENDIX A TO PART 391—MEDICAL
ADVISORY CRITERIA, section H.
Epilepsy: § 391.41(b)(8), paragraphs 3, 4,
and 5.]
The advisory criteria state the
following:
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. Prior to considering
certification, it is suggested there be a
six-month waiting period from the time
of the episode. Following the waiting
period, it is suggested that the
individual undergo a complete
neurological examination. If the results
of the examination are negative and
anti-seizure medication is not required,
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
1 See https://www.ecfr.gov/cgi-bin/text-idx?SID=
e47b48a9ea42dd67d999246e23d97970&mc=true&
node=pt49.5.391&rgn=div5#ap49.5.391_171.a and
https://www.gpo.gov/fdsys/pkg/CFR-2015-title49vol5/pdf/CFR-2015-title49-vol5-part391-appA.pdf.
PO 00000
Frm 00235
Fmt 4703
Sfmt 4703
medication and seizure-free for 10 years,
may be qualified to operate a CMV in
interstate commerce. Interstate drivers
who have had a single unprovoked
seizure may be qualified to drive a CMV
in interstate commerce if seizure-free
and off anti-seizure medication for five
years 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.
On January 15, 2013, in a Notice of
Final Disposition entitled,
‘‘Qualification of Drivers; Exemption
Applications; Epilepsy and Seizure
Disorders,’’ (78 FR 3069), FMCSA
announced its decision to grant requests
from 22 individuals for exemptions
from the regulatory requirement that
interstate 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.’’ Since the January 15,
2013 notice, the Agency has published
additional notices granting requests
from individuals for exemptions from
the regulatory requirement regarding
epilepsy found in 49 CFR 391.41(b)(8).
To be considered for an exemption
from the epilepsy prohibition in 49 CFR
391.41(b)(8), applicants must meet the
criteria in the 2007 recommendations of
the Agency’s Medical Expert Panel
(MEP) (78 FR 3069).
II. Qualifications of Applicants
James Connelly
Mr. Connelly is a 62 year-old class B
CDL holder in New Jersey. He has a
history of a seizure disorder and his last
seizure was in 2000. He takes antiseizure medication with the dosage and
frequency remaining the same since that
time. His physician states that he is
supportive of Mr. Connelly receiving an
exemption.
Ricky Leon Conway Jr.
Mr. Conway is a 42 year-old driver in
Missouri. He has a history of a seizure
disorder and his last seizure was in
2000. 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. Conway receiving an exemption.
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Federal Register / Vol. 81, No. 250 / Thursday, December 29, 2016 / Notices
John Darden
Mr. Darden is a 41 year-old driver in
California. He has a history of a seizure
disorder and his last seizure was in
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. Darden receiving an exemption.
William Harden
Mr. Harden is a 32 year-old driver in
New York. He has a history of a seizure
disorder and his last seizure was in
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. Harden receiving an exemption.
Bradley H. Hollister
Mr. Hollister is a 59 year-old class A
CDL holder in Pennsylvania. He has a
history of a seizure disorder and his last
seizure was in 1989. He takes antiseizure medication with the dosage and
frequency remaining the same since that
time. His physician states that he is
supportive of Mr. Hollister receiving an
exemption.
Michael Merical
Mr. Merical is a 27 year-old class A
CDL holder in New York. He has a
history of epilepsy and his last seizure
was in 2006. 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. Merical receiving an
exemption.
asabaliauskas on DSK3SPTVN1PROD with NOTICES
Elvin Paul Morgan
Mr. Morgan is a 49 year-old class B
CDL holder in California. He has a
history of a seizure disorder and his last
seizure was in 2000. He takes antiseizure medication with the dosage and
frequency remaining the same since that
time. His physician states that he is
supportive of Mr. Morgan receiving an
exemption.
Clarence D. Jones
Mr. Jones is a 74 year-old class A CDL
holder in Virginia. He has a history of
a seizure disorder and his last seizure
was in 1996. He has been off of antiseizure medication since that time. His
physician states that he is supportive of
Mr. Jones 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
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18:41 Dec 28, 2016
Jkt 241001
business on the closing date indicated
in the dates 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–2016–0313’’ 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.
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–2016–0313 and click ‘‘Search.’’
Next, click ‘‘Open Docket Folder’’ and
you will find all documents and
comments related to this notice.
Issued on: December 21, 2016.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2016–31544 Filed 12–28–16; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2016–0208]
Qualification of Drivers; Exemption
Applications; Vision
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
AGENCY:
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Frm 00236
Fmt 4703
Sfmt 4703
ACTION:
96191
Notice of final disposition.
FMCSA announces its
decision to exempt 20 individuals from
the vision requirement in the Federal
Motor Carrier Safety Regulations
(FMCSRs). They are unable to meet the
vision requirement in one eye for
various reasons. The exemptions will
enable these individuals to operate
commercial motor vehicles (CMVs) in
interstate commerce without meeting
the prescribed vision requirement in
one eye. The Agency has concluded that
granting these exemptions will provide
a level of safety that is equivalent to or
greater than the level of safety
maintained without the exemptions for
these CMV drivers.
DATES: The exemptions were granted
November 11, 2016. The exemptions
expire on November 11, 2018.
FOR FURTHER INFORMATION CONTACT: Ms.
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 8:30 a.m. to 5 p.m., e.t.,
Monday through Friday, except Federal
holidays. If you have questions
regarding viewing or submitting
material to the docket, contact Docket
Services, telephone (202) 366–9826.
SUPPLEMENTARY INFORMATION:
SUMMARY:
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., e.t., 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
On October 11, 2016, FMCSA
published a notice of receipt of
exemption applications from certain
individuals, and requested comments
from the public (81 FR 70253). That
notice listed 20 applicants’ case
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]]>Agencies
[Federal Register Volume 81, Number 250 (Thursday, December 29, 2016)]
[Notices]
[Pages 96189-96191]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-31544]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2016-0313]
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 eight individuals
for an exemption from the prohibition in the Federal Motor Carrier
Safety Regulations (FMCSRs) 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 control a commercial motor
vehicle (CMV) to drive in interstate commerce. If granted, the
exemptions would enable these individuals who have had one or more
seizures and are taking anti-seizure medication to operate CMVs in
interstate commerce.
DATES: Comments must be received on or before January 30, 2017.
ADDRESSES: You may submit comments bearing the Federal Docket
Management System (FDMS) Docket No. FMCSA-2016-0313 using any of the
following methods:
Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the online 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
[[Page 96190]]
New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m. e.t.,
Monday through Friday, except Federal Holidays.
Fax: 1-202-493-2251.
Instructions: Each submission must include the Agency name and the
docket number(s) 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., e.t., 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 online.
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: Ms. Christine A. Hydock, Chief,
Medical Programs Division, (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 8:30 a.m. to 5 p.m., e.t.,
Monday through Friday, except Federal holidays. If you have questions
regarding viewing or submitting material to the docket, contact Docket
Services, telephone (202) 366-9826.
SUPPLEMENTARY INFORMATION:
I. Background
Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption
from the FMCSRs 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
statute also allows the Agency to renew exemptions at the end of the
two-year period.
The eight individuals listed in this notice have requested an
exemption from the epilepsy prohibition in 49 CFR 391.41(b)(8).
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 \1\ to assist Medical Examiners in determining whether drivers
with certain medical conditions are qualified to operate a CMV in
interstate commerce. [49 CFR part 391, APPENDIX A TO PART 391--MEDICAL
ADVISORY CRITERIA, section H. Epilepsy: Sec. 391.41(b)(8), paragraphs
3, 4, and 5.]
---------------------------------------------------------------------------
\1\ See https://www.ecfr.gov/cgi-bin/text-idx?SID=e47b48a9ea42dd67d999246e23d97970&mc=true&node=pt49.5.391&rgn=div5#ap49.5.391_171.a and https://www.gpo.gov/fdsys/pkg/CFR-2015-title49-vol5/pdf/CFR-2015-title49-vol5-part391-appA.pdf.
---------------------------------------------------------------------------
The advisory criteria state the following:
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. Prior to
considering certification, it is suggested there be a six-month waiting
period from the time of the episode. Following the waiting period, it
is suggested that the individual undergo a complete neurological
examination. If the results of the examination are negative and anti-
seizure medication is not required, 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 who have had a single
unprovoked seizure may be qualified to drive a CMV in interstate
commerce if seizure-free and off anti-seizure medication for five years
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.
On January 15, 2013, in a Notice of Final Disposition entitled,
``Qualification of Drivers; Exemption Applications; Epilepsy and
Seizure Disorders,'' (78 FR 3069), FMCSA announced its decision to
grant requests from 22 individuals for exemptions from the regulatory
requirement that interstate 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.'' Since the January 15, 2013 notice, the Agency has
published additional notices granting requests from individuals for
exemptions from the regulatory requirement regarding epilepsy found in
49 CFR 391.41(b)(8).
To be considered for an exemption from the epilepsy prohibition in
49 CFR 391.41(b)(8), applicants must meet the criteria in the 2007
recommendations of the Agency's Medical Expert Panel (MEP) (78 FR
3069).
II. Qualifications of Applicants
James Connelly
Mr. Connelly is a 62 year-old class B CDL holder in New Jersey. He
has a history of a seizure disorder and his last seizure was in 2000.
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. Connelly receiving an exemption.
Ricky Leon Conway Jr.
Mr. Conway is a 42 year-old driver in Missouri. He has a history of
a seizure disorder and his last seizure was in 2000. 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.
Conway receiving an exemption.
[[Page 96191]]
John Darden
Mr. Darden is a 41 year-old driver in California. He has a history
of a seizure disorder and his last seizure was in 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.
Darden receiving an exemption.
William Harden
Mr. Harden is a 32 year-old driver in New York. He has a history of
a seizure disorder and his last seizure was in 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.
Harden receiving an exemption.
Bradley H. Hollister
Mr. Hollister is a 59 year-old class A CDL holder in Pennsylvania.
He has a history of a seizure disorder and his last seizure was in
1989. 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. Hollister receiving an exemption.
Michael Merical
Mr. Merical is a 27 year-old class A CDL holder in New York. He has
a history of epilepsy and his last seizure was in 2006. 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.
Merical receiving an exemption.
Elvin Paul Morgan
Mr. Morgan is a 49 year-old class B CDL holder in California. He
has a history of a seizure disorder and his last seizure was in 2000.
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. Morgan receiving an exemption.
Clarence D. Jones
Mr. Jones is a 74 year-old class A CDL holder in Virginia. He has a
history of a seizure disorder and his last seizure was in 1996. He has
been off of anti-seizure medication since that time. His physician
states that he is supportive of Mr. Jones 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 dates
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-2016-0313'' 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-2016-0313 and click ``Search.'' Next, click
``Open Docket Folder'' and you will find all documents and comments
related to this notice.
Issued on: December 21, 2016.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2016-31544 Filed 12-28-16; 8:45 am]
BILLING CODE 4910-EX-P
