Qualification of Drivers; Exemption Applications; Epilepsy and Seizure Disorders, 2298-2300 [2018-00603]
Download as PDF
<![CDATA[
2298
Federal Register / Vol. 83, No. 10 / Tuesday, January 16, 2018 / Notices
who have had one or more seizures and
are taking anti-seizure medication to
continue to operate CMVs in interstate
commerce.
DATES: The exemptions were applicable
on September 12, 2017. The exemptions
expire on September 12, 2019.
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 from 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:
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. [49 CFR
part 391, APPENDIX A TO PART 391—
MEDICAL ADVISORY CRITERIA,
section H. Epilepsy: § 391.41(b)(8),
paragraphs 3, 4, and 5.]
I. Electronic Access
FMCSA received no comments in this
preceding.
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 https://www.regulations.gov,
as described in the system of records
notice (DOT/ALL–14 FDMS), which can
be reviewed at https://www.dot.gov/
privacy.
daltland on DSKBBV9HB2PROD with NOTICES
II. Background
On October 11, 2017, FMCSA
published a notice announcing its
decision to renew exemptions for 12
individuals from the epilepsy and
seizure disorders prohibition in 49 CFR
391.41(b)(8) to operate a CMV in
interstate commerce and requested
comments from the public (82 FR
47314). The public comment period
ended on November 13, 2017, and no
comments were received.
As stated in the previous notice,
FMCSA has evaluated the eligibility of
these applicants and determined that
renewing these exemptions 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).
VerDate Sep<11>2014
22:48 Jan 12, 2018
Jkt 244001
III. Discussion of Comments
Based upon its evaluation of the 12
renewal exemption applications,
FMCSA announces its’ decision to
exempt the following drivers from the
epilepsy and seizure disorders
prohibition in 49 CFR 391.41 (b)(8):
As of September 12, 2017, and in
accordance with 49 U.S.C. 31136(e) and
31315, the following 12 individuals
have satisfied the renewal conditions for
obtaining an exemption from the
epilepsy and seizure disorders
prohibition in the FMCSRs for interstate
CMV drivers (82 FR 47314):
Ronald Boogay (NJ)
Todd W. Brock (CO)
Matthew J. Chizek (WI)
Paul E. Granger (MI)
Jason C. Kirkham (WI)
Michael K. Lail (NC)
Ivan M. Martin (PA)
Charles A. McCarthy III (MA)
Douglas S. Slagel (OH)
William L. Swann (MD)
Cory R. Wagner (IL)
Timothy M. Zahratka (MN)
The drivers were included in docket
numbers FMCSA–2012–0050; FMCSA–
2012–0294; FMCSA–2013–0106;
FMCSA–2014–0214; FMCSA–2014–
0216; FMCSA–2014–0381; FMCSA–
2015–0115; FMCSA–2015–0116;
FMCSA–2015–0117. Their exemptions
are applicable as of September 12, 2017,
and will expire on September 12, 2019.
In accordance with 49 U.S.C. 31315,
each exemption will be valid for two
years from the effective date unless
revoked earlier by FMCSA. The
exemption will be revoked if the
following occurs: (1) The person fails to
comply with the terms and conditions
Frm 00168
Fmt 4703
Issued on: January 5, 2018.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2018–00598 Filed 1–12–18; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2017–0253]
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:
IV. Conclusion
PO 00000
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.
Sfmt 4703
FMCSA announces receipt of
applications from four 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 February 15, 2018.
ADDRESSES: You may submit comments
bearing the Federal Docket Management
System (FDMS) Docket No. FMCSA–
2017–0253 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
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
SUMMARY:
E:\FR\FM\16JAN1.SGM
16JAN1
Federal Register / Vol. 83, No. 10 / Tuesday, January 16, 2018 / Notices
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 of 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:
daltland on DSKBBV9HB2PROD with NOTICES
FOR FURTHER INFORMATION CONTACT:
I. Background
Under 49 U.S.C. 31136(e) and 31315,
FMCSA may grant an exemption from
the FMCSRs for a five-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 five-year period. FMCSA grants
exemptions from the FMCSRs for a twoyear period to align with the maximum
duration of a driver’s medical
certification.
The four individuals listed in this
notice have requested an exemption
from the epilepsy and seizure disorders
VerDate Sep<11>2014
22:48 Jan 12, 2018
Jkt 244001
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 states 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. Before certification is
considered, it is suggested that a sixmonth 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
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,
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-2015title49-vol5/pdf/CFR-2015-title49-vol5-part391appA.pdf.
PO 00000
Frm 00169
Fmt 4703
Sfmt 4703
2299
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
five-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.
On January 15, 2013, FMCSA
announced in a Notice of Final
Disposition titled, Qualification of
Drivers; Exemption Applications;
Epilepsy and Seizure Disorders, (78 FR
3069), 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 and seizure disorders
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
Anthony Anello, III
Mr. Anello, 32, has a history of
epilepsy and has been seizure free since
2006. He takes anti-seizure medication,
with the dosage and frequency
remaining the same since 2007. His
physician states that he is supportive of
Mr. Anello receiving an exemption.
Anthony J. Kornuszko, Jr.
Mr. Kornuszko, Jr. 47, has a history of
a seizure disorder and has been seizure
free since 2009. He takes anti-seizure
medication, with the dosage and
frequency remaining the same since
2011. His physician states that he is
supportive of Mr. Kornuszko receiving
an exemption.
Jeffrey W. Mills
Mr. Mills, 56, has a history of a
seizure disorder and has been seizure
E:\FR\FM\16JAN1.SGM
16JAN1
2300
Federal Register / Vol. 83, No. 10 / Tuesday, January 16, 2018 / Notices
FMCSA–2017–0253 and click ‘‘Search.’’
Next, click ‘‘Open Docket Folder’’ and
you will find all documents and
comments related to this notice.
free since 2001. He takes anti-seizure
medication, with the dosage and
frequency remaining the same since
2001. His physician states that he is
supportive of Mr. Mills receiving an
exemption.
Jaime D. Paggen.
Ms. Paggen, 40, has a history of
epilepsy and has been seizure free since
2008. She takes anti-seizure medication,
with the dosage and frequency
remaining the same since 2008. Her
physician states that she is supportive of
Ms. Paggen receiving an exemption.
daltland on DSKBBV9HB2PROD with NOTICES
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–2017–0253 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 at 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
VerDate Sep<11>2014
22:48 Jan 12, 2018
Jkt 244001
Issued on: January 5, 2018.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2018–00603 Filed 1–12–18; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2017–0287]
Qualification of Drivers; Exemption
Applications; Diabetes Mellitus
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Notice of applications for
exemption; request for comments.
AGENCY:
FMCSA announces receipt of
applications from 39 individuals for an
exemption from the prohibition in the
Federal Motor Carrier Safety
Regulations (FMCSRs) against persons
with insulin-treated diabetes mellitus
(ITDM) operating a commercial motor
vehicle (CMV) in interstate commerce. If
granted, the exemptions would enable
these individuals with ITDM to operate
CMVs in interstate commerce.
DATES: Comments must be received on
or before February 15, 2018.
ADDRESSES: You may submit comments
bearing the Federal Docket Management
System (FDMS) Docket No. FMCSA–
2017–0287 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
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.
SUMMARY:
PO 00000
Frm 00170
Fmt 4703
Sfmt 4703
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
e.t., 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 of 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:
I. Background
Under 49 U.S.C. 31136(e) and 31315,
FMCSA may grant an exemption from
the FMCSRs for a five-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 five-year period. FMCSA grants
exemptions from the FMCSRs for a twoyear period to align with the maximum
duration of a driver’s medical
certification.
The 39 individuals listed in this
notice have requested an exemption
from the diabetes prohibition in 49 CFR
391.41(b)(3). 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 diabetes found in
E:\FR\FM\16JAN1.SGM
16JAN1
]]>Agencies
[Federal Register Volume 83, Number 10 (Tuesday, January 16, 2018)]
[Notices]
[Pages 2298-2300]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-00603]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2017-0253]
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 four 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 February 15, 2018.
ADDRESSES: You may submit comments bearing the Federal Docket
Management System (FDMS) Docket No. FMCSA-2017-0253 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 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
[[Page 2299]]
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 of 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, [email protected], 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 five-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
five-year period. FMCSA grants exemptions from the FMCSRs for a two-
year period to align with the maximum duration of a driver's medical
certification.
The four individuals listed in this notice have requested an
exemption from the epilepsy and seizure disorders 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 states 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. Before
certification is considered, it is suggested that a six-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 five-
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.
On January 15, 2013, FMCSA announced in a Notice of Final
Disposition titled, Qualification of Drivers; Exemption Applications;
Epilepsy and Seizure Disorders, (78 FR 3069), 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 and seizure
disorders 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
Anthony Anello, III
Mr. Anello, 32, has a history of epilepsy and has been seizure free
since 2006. He takes anti-seizure medication, with the dosage and
frequency remaining the same since 2007. His physician states that he
is supportive of Mr. Anello receiving an exemption.
Anthony J. Kornuszko, Jr.
Mr. Kornuszko, Jr. 47, has a history of a seizure disorder and has
been seizure free since 2009. He takes anti-seizure medication, with
the dosage and frequency remaining the same since 2011. His physician
states that he is supportive of Mr. Kornuszko receiving an exemption.
Jeffrey W. Mills
Mr. Mills, 56, has a history of a seizure disorder and has been
seizure
[[Page 2300]]
free since 2001. He takes anti-seizure medication, with the dosage and
frequency remaining the same since 2001. His physician states that he
is supportive of Mr. Mills receiving an exemption.
Jaime D. Paggen.
Ms. Paggen, 40, has a history of epilepsy and has been seizure free
since 2008. She takes anti-seizure medication, with the dosage and
frequency remaining the same since 2008. Her physician states that she
is supportive of Ms. Paggen 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-2017-0253 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 at 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-2017-0253 and click ``Search.'' Next, click
``Open Docket Folder'' and you will find all documents and comments
related to this notice.
Issued on: January 5, 2018.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2018-00603 Filed 1-12-18; 8:45 am]
BILLING CODE 4910-EX-P
