Qualification of Drivers; Exemption Applications; Epilepsy and Seizure Disorders, 60940-60942 [2018-25843]
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60940
Federal Register / Vol. 83, No. 228 / Tuesday, November 27, 2018 / Notices
16. Migratory Bird Treaty Act
17. Water Bank Act Wetlands Mitigation
Banks, ISTEA 1991, Sections 1006–
1007
18. Wildflowers, Surface Transportation
and Uniform Relocation Act of 1987
Section 130
19. Coastal Zone Management Act of
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20. Coastal Zone Management Act
Reauthorization Amendments of
1990
21. Executive Order 11988, Floodplain
Management
22. Department of Transportation (DOT)
Executive Order 5650.2—
Floodplain Management and
Protection (April 23, 1979)
23. Rivers and Harbors Appropriation
Act of 1899, Sections 9 and 10
24. Title VI of the Civil Rights Act of
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25. Executive Order 12898, Federal
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Populations
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implementing Executive Order 12372
regarding intergovernmental consultation on
Federal programs and activities apply to this
program.)
Authority: 23 U.S.C. 139(l)(1).
Dated: November 19, 2018.
Matthew Schmitz,
Director, Project Delivery, Federal Highway
Administration, Sacramento, California.
[FR Doc. 2018–25877 Filed 11–26–18; 8:45 am]
BILLING CODE 4910–RY–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
I. Public Participation
[Docket No. FMCSA–2018–0057]
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
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SUMMARY:
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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 December 27, 2018.
ADDRESSES: You may submit comments
identified by the Federal Docket
Management System (FDMS) Docket No.
FMCSA–2018–0057 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., ET,
Monday through Friday, except Federal
Holidays.
• Fax: 1–202–493–2251.
To avoid duplication, please use only
one of these four methods. See the
‘‘Public Participation’’ portion of the
SUPPLEMENTARY INFORMATION section for
instructions on submitting comments.
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., ET,
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:
A. Submitting Comments
If you submit a comment, please
include the docket number for this
notice (Docket No. FMCSA–2018–0057),
indicate the specific section of this
document to which each comment
applies, and provide a reason for each
suggestion or recommendation. 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, put the
PO 00000
Frm 00120
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docket number, FMCSA–2018–0057, in
the keyword box, and click ‘‘Search.’’
When the new screen appears, click on
the ‘‘Comment Now!’’ button and type
your comment into the text box on the
following screen. Choose whether you
are submitting your comment as an
individual or on behalf of a third party
and then submit.
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, self-addressed
postcard or envelope.
FMCSA will consider all comments
and material received during the
comment period.
B. Viewing Documents and Comments
To view comments, as well as any
documents mentioned in this notice as
being available in the docket, go to
https://www.regulations.gov. Insert the
docket number, FMCSA–2018–0057, in
the keyword box, and click ‘‘Search.’’
Next, click the ‘‘Open Docket Folder’’
button and choose the document to
review. If you do not have access to the
internet, you may view the docket
online by visiting the Docket
Management Facility in Room W12–140
on the ground floor of the DOT West
Building, 1200 New Jersey Avenue SE,
Washington, DC 20590, between 9 a.m.
and 5 p.m., ET, Monday through Friday,
except Federal holidays.
C. 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
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.
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Federal Register / Vol. 83, No. 228 / Tuesday, November 27, 2018 / Notices
The eight 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: § 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.
1 See
https://www.ecfr.gov/cgi-bin/textidx?SID=e47b48a9ea42dd67d999246e23d97970
&mc=true&node=pt49.5.391&rgn=div5#ap49.5.391_
171.a and https://www.gpo.gov/fdsys/pkg/CFR2015-title49-vol5/pdf/CFR-2015-title49-vol5part391-appA.pdf.
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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).
III. Qualifications of Applicants
Kevin L. Addington
Mr. Addington is a 45-year-old class
C driver in Pennsylvania. He has a
history of epilepsy and has been seizure
free since 1991. He takes anti-seizure
medication with the dosage and
frequency remaining the same since
2007. His physician states that he is
supportive of Mr. Addington receiving
an exemption.
Miodrag Djukanovic
Mr. Djukanovic is a 59-year-old class
C driver in Oregon. He has a history of
epilepsy and has been seizure free since
2018. He takes anti-seizure medication
with the dosage and frequency
remaining the same since November
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60941
2016. His physician states that he is
supportive of Mr. Djukanovic receiving
an exemption.
Daniel R. Gast
Mr. Gast is a 49-year-old class CM
CDL holder in Kansas. He has a history
of a seizure disorder and has been
seizure free since January 2008. He takes
anti-seizure medication with the dosage
and frequency remaining the same since
September 2016. His physician states
that he is supportive of Mr. Gast
receiving an exemption.
David R. Johnston
Mr. Johnston is a 49-year-old class B
CDL holder in Minnesota. He has a
history of a single provoked seizure and
has been seizure free since 2017. He
does not take anti-seizure medication.
His physician states that he is
supportive of Mr. Johnston receiving an
exemption.
Sheldon R. Martin
Mr. Martin is a 36-year-old class C
driver in New York. He has a history of
epilepsy and has been seizure free since
2007. He takes anti-seizure medication
with the dosage and frequency
remaining the same since 2013. His
physician states that he is supportive of
Mr. Martin receiving an exemption.
Brian L. McDaniel
Mr. McDaniel is a 47-year-old class E
driver in Missouri. He has a history of
a seizure disorder and has been seizure
free since 1992. He takes anti-seizure
medication with the dosage and
frequency remaining the same since
1992. His physician states that he is
supportive of Mr. Mc Daniel receiving
an exemption.
Kevin D. Wiggins
Mr. Wiggins is a 51-year-old class B
CDL holder in Kentucky. He has a
history of a seizure disorder and has
been seizure free since 1983. He takes
anti-seizure medication with the dosage
and frequency remaining the same since
1983. His physician states that she is
supportive of Mr. Wiggins receiving an
exemption.
Robert R. Woods, Jr.
Mr. Woods is a 60-year-old class A
CDL holder in Connecticut. He has a
history of a seizure disorder and has
been seizure free since 2007. He stopped
taking anti-seizure medication in 1975.
His physician states that he is
supportive of Mr. Woods receiving an
exemption.
IV. Request for Comments
In accordance with 49 U.S.C. 31136(e)
and 31315, FMCSA requests public
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60942
Federal Register / Vol. 83, No. 228 / Tuesday, November 27, 2018 / Notices
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.
Issued on: November 20, 2018.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2018–25843 Filed 11–26–18; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2018–0321]
Parts and Accessories Necessary for
Safe Operation; Application for an
Exemption From SmartDrive Systems,
Inc.
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Notice of application for
exemption; request for comments.
AGENCY:
The Federal Motor Carrier
Safety Administration (FMCSA)
requests public comment on an
application for exemption from
SmartDrive Systems, Inc. (SmartDrive)
to allow an Advanced Driver Assistance
Systems (ADAS) camera to be mounted
lower in the windshield than is
currently permitted. Mounting the
camera in this location does not meet
the driver’s field of view requirements
for windshields. The Federal Motor
Carrier Safety Regulations (FMCSR)
require devices meeting the definition of
‘‘vehicle safety technology’’ to be
mounted not more than 4 inches below
the upper edge of the area swept by the
windshield wipers, or not more than 7
inches above the lower edge of the area
swept by the windshield wipers, and
outside the driver’s sight lines to the
road and highway signs and signals.
Because the ADAS camera would be
mounted outside of the driver’s normal
sight lines to the road ahead, highway
signs, signals or any mirrors, SmartDrive
believes that they will maintain a level
of safety that is equivalent to, or greater
than, the level of safety achieved
without the exemption.
DATES: Comments must be received on
or before December 27, 2018.
ADDRESSES: You may submit comments
bearing the Federal Docket Management
System (FDMS) Docket ID FMCSA–
2018–0321 using any of the following
methods:
• Website: https://
www.regulations.gov. Follow the
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instructions for submitting comments
on the Federal electronic docket site.
• Fax: 1–202–493–2251.
• Mail: Docket Management Facility,
U.S. Department of Transportation,
Room W12–140, 1200 New Jersey
Avenue SE, Washington, DC 20590–
0001.
• Hand Delivery: Ground Floor, Room
W12–140, DOT Building, 1200 New
Jersey Avenue SE, Washington, DC,
between 9 a.m. and 5 p.m. e.t., Monday–
Friday, except Federal holidays.
Instructions: All submissions must
include the Agency name and docket
number for this notice. For detailed
instructions on submitting comments
and additional information on the
exemption process, see the ‘‘Public
Participation’’ heading below. 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 for
further information.
Docket: For access to the docket to
read background documents or
comments received, go to https://
www.regulations.gov or to Room W12–
140, DOT 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.
Public Participation: The https://
www.regulations.gov website is
generally available 24 hours each day,
365 days each year. You may find
electronic submission and retrieval help
and guidelines under the ‘‘help’’ section
of the https://www.regulations.gov
website as well as the DOT’s https://
docketsinfo.dot.gov website. If you
would like notification that we received
your comments, please include a selfaddressed, stamped envelope or
postcard or print the acknowledgment
page that appears after submitting
comments online.
FOR FURTHER INFORMATION CONTACT: Mr.
Luke W. Loy, Vehicle and Roadside
Operations Division, Office of Carrier,
Driver, and Vehicle Safety, MC–PSV,
(202) 366–0676, Luke.Loy@dot.gov,
Federal Motor Carrier Safety
Administration, 1200 New Jersey
Avenue SE, Washington, DC 20590–
0001.
PO 00000
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SUPPLEMENTARY INFORMATION:
Background
FMCSA has authority to grant
exemptions from some of the Federal
Motor Carrier Safety Regulations
(FMCSRs). Under 49 CFR part 381,
FMCSA must publish a notice of each
exemption request in the Federal
Register (49 CFR 381.315(a)). The
Agency must provide the public with an
opportunity to inspect the information
relevant to the application, including
any safety analyses that have been
conducted. The Agency must also
provide an opportunity for public
comment on the request.
The Agency reviews the safety
analyses and the public comments and
determines whether granting the
exemption would likely achieve a level
of safety equivalent to or greater than
the level that would be achieved by the
current regulation (49 CFR 381.305(a)).
The decision of the Agency must be
published in the Federal Register (49
CFR 381.315(b)). If the Agency denies
the request, it must state the reason for
doing so. If the decision is to grant the
exemption, the notice must specify the
person or class of persons receiving the
exemption and the regulatory provision
or provisions from which an exemption
is granted. The notice must specify the
effective period of the exemption (up to
5 years) and explain the terms and
conditions of the exemption. The
exemption may be renewed (49 CFR
381.315(c) and 49 CFR 381.300(b)).
SmartDrive’s Application for
Exemption
SmartDrive has applied for an
exemption from 49 CFR 393.60(e)(1) to
allow an ADAS camera to be mounted
lower in the windshield than is
currently permitted. A copy of the
application is included in the docket
referenced at the beginning of this
notice.
Section 393.60(e)(1)(i) of the FMCSRs
prohibits the obstruction of the driver’s
field of view by devices mounted at the
top of the windshield. Antennas and
similar devices must not be mounted
more than 152 mm (6 inches) below the
upper edge of the windshield, and
outside the driver’s sight lines to the
road and highway signs and signals.
Section 393.60(e)(1)(i) does not apply to
vehicle safety technologies, as defined
in 390.5, including ‘‘a fleet-related
incident management system,
performance or behavior management
system, speed management system, lane
departure warning system, forward
collision warning or mitigation system,
active cruise control system, and
transponder.’’ Section 393.60(e)(1)(ii)
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]]>Agencies
[Federal Register Volume 83, Number 228 (Tuesday, November 27, 2018)]
[Notices]
[Pages 60940-60942]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-25843]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2018-0057]
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 December 27, 2018.
ADDRESSES: You may submit comments identified by the Federal Docket
Management System (FDMS) Docket No. FMCSA-2018-0057 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.,
ET, Monday through Friday, except Federal Holidays.
Fax: 1-202-493-2251.
To avoid duplication, please use only one of these four methods.
See the ``Public Participation'' portion of the SUPPLEMENTARY
INFORMATION section for instructions on submitting comments.
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., ET,
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. Public Participation
A. Submitting Comments
If you submit a comment, please include the docket number for this
notice (Docket No. FMCSA-2018-0057), indicate the specific section of
this document to which each comment applies, and provide a reason for
each suggestion or recommendation. 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,
put the docket number, FMCSA-2018-0057, in the keyword box, and click
``Search.'' When the new screen appears, click on the ``Comment Now!''
button and type your comment into the text box on the following screen.
Choose whether you are submitting your comment as an individual or on
behalf of a third party and then submit.
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.
FMCSA will consider all comments and material received during the
comment period.
B. Viewing Documents and Comments
To view comments, as well as any documents mentioned in this notice
as being available in the docket, go to https://www.regulations.gov.
Insert the docket number, FMCSA-2018-0057, in the keyword box, and
click ``Search.'' Next, click the ``Open Docket Folder'' button and
choose the document to review. If you do not have access to the
internet, you may view the docket online by visiting the Docket
Management Facility in Room W12-140 on the ground floor of the DOT West
Building, 1200 New Jersey Avenue SE, Washington, DC 20590, between 9
a.m. and 5 p.m., ET, Monday through Friday, except Federal holidays.
C. 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
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.
[[Page 60941]]
The eight 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.]
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\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).
III. Qualifications of Applicants
Kevin L. Addington
Mr. Addington is a 45-year-old class C driver in Pennsylvania. He
has a history of epilepsy and has been seizure free since 1991. He
takes anti-seizure medication with the dosage and frequency remaining
the same since 2007. His physician states that he is supportive of Mr.
Addington receiving an exemption.
Miodrag Djukanovic
Mr. Djukanovic is a 59-year-old class C driver in Oregon. He has a
history of epilepsy and has been seizure free since 2018. He takes
anti-seizure medication with the dosage and frequency remaining the
same since November 2016. His physician states that he is supportive of
Mr. Djukanovic receiving an exemption.
Daniel R. Gast
Mr. Gast is a 49-year-old class CM CDL holder in Kansas. He has a
history of a seizure disorder and has been seizure free since January
2008. He takes anti-seizure medication with the dosage and frequency
remaining the same since September 2016. His physician states that he
is supportive of Mr. Gast receiving an exemption.
David R. Johnston
Mr. Johnston is a 49-year-old class B CDL holder in Minnesota. He
has a history of a single provoked seizure and has been seizure free
since 2017. He does not take anti-seizure medication. His physician
states that he is supportive of Mr. Johnston receiving an exemption.
Sheldon R. Martin
Mr. Martin is a 36-year-old class C driver in New York. He has a
history of epilepsy and has been seizure free since 2007. He takes
anti-seizure medication with the dosage and frequency remaining the
same since 2013. His physician states that he is supportive of Mr.
Martin receiving an exemption.
Brian L. McDaniel
Mr. McDaniel is a 47-year-old class E driver in Missouri. He has a
history of a seizure disorder and has been seizure free since 1992. He
takes anti-seizure medication with the dosage and frequency remaining
the same since 1992. His physician states that he is supportive of Mr.
Mc Daniel receiving an exemption.
Kevin D. Wiggins
Mr. Wiggins is a 51-year-old class B CDL holder in Kentucky. He has
a history of a seizure disorder and has been seizure free since 1983.
He takes anti-seizure medication with the dosage and frequency
remaining the same since 1983. His physician states that she is
supportive of Mr. Wiggins receiving an exemption.
Robert R. Woods, Jr.
Mr. Woods is a 60-year-old class A CDL holder in Connecticut. He
has a history of a seizure disorder and has been seizure free since
2007. He stopped taking anti-seizure medication in 1975. His physician
states that he is supportive of Mr. Woods receiving an exemption.
IV. Request for Comments
In accordance with 49 U.S.C. 31136(e) and 31315, FMCSA requests
public
[[Page 60942]]
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.
Issued on: November 20, 2018.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2018-25843 Filed 11-26-18; 8:45 am]
BILLING CODE 4910-EX-P
