Qualification of Drivers; Exemption Applications; Epilepsy and Seizure Disorders, 33805-33807 [2019-14968]
Download as PDF
Federal Register / Vol. 84, No. 135 / Monday, July 15, 2019 / Notices
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.
khammond on DSKBBV9HB2PROD with NOTICES
B. 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 March 28, 2019, FMCSA
published a notice announcing its
decision to renew exemptions for eight
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 (84 FR
11854). The public comment period
ended on April 29, 2019, 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).
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.]
III. Discussion of Comments
FMCSA received no comments in this
proceeding.
IV. Conclusion
Based on its evaluation of the eight
renewal exemption applications,
VerDate Sep<11>2014
16:08 Jul 12, 2019
Jkt 247001
FMCSA announces its decision to
exempt the following drivers from the
epilepsy and seizure disorders
prohibition in 49 CFR 391.41(b)(8).
In accordance with 49 U.S.C. 31136(e)
and 31315, the following groups of
drivers received renewed exemptions in
the month of January and are discussed
below.
As of January 1, 2019, and in
accordance with 49 U.S.C. 31136(e) and
31315, the following individual has
satisfied the renewal conditions for
obtaining an exemption from the
epilepsy and seizure disorders
prohibition in the FMCSRs for interstate
CMV drivers: Jordan M. Hyster (OH).
This driver was included in docket
number FMCSA–2015–0323 (84 FR
11854). The exemption is applicable as
of January 1, 2019, and will expire on
January 1, 2021.
As of January 7, 2019, and in
accordance with 49 U.S.C. 31136(e) and
31315, the following individual has
satisfied the renewal conditions for
obtaining an exemption from the
epilepsy and seizure disorders
prohibition in the FMCSRs for interstate
CMV drivers: Edgar Snapp (IN).
This driver was included in docket
number FMCSA–2014–0379 (84 FR
11854). The exemption is applicable as
of January 7, 2019, and will expire on
January 7, 2021.
As of January 15, 2019, and in
accordance with 49 U.S.C. 31136(e) and
31315, the following six individuals
have satisfied the renewal conditions for
obtaining an exemption from the
epilepsy and seizure disorders
prohibition in the FMCSRs for interstate
CMV drivers (84 FR 11854):
Daniel Forth (NY)
Steven L. Hunsaker (ID)
Brian J. Porter (PA)
Wayne C. Sorenson (MN)
Michael W. Thomas (KS)
Paul Warren (ME)
The drivers were included in docket
numbers FMCSA–2006–24278;
FMCSA–2006–25854; FMCSA–2008–
0355; FMCSA–2010–0203; FMCSA–
2012–0050. Their exemptions are
applicable as of January 15, 2019, and
will expire on January 15, 2021.
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
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
PO 00000
Frm 00073
Fmt 4703
Sfmt 4703
33805
and objectives of 49 U.S.C. 31136 and
31315.
Issued on: July 5, 2019.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2019–14979 Filed 7–12–19; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2019–0031]
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 ten 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 August 14, 2019.
ADDRESSES: You may submit comments
identified by the Federal Docket
Management System (FDMS) Docket No.
FMCSA–2019–0031 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.
SUMMARY:
E:\FR\FM\15JYN1.SGM
15JYN1
33806
Federal Register / Vol. 84, No. 135 / Monday, July 15, 2019 / Notices
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:
FOR FURTHER INFORMATION CONTACT:
I. Public Participation
khammond on DSKBBV9HB2PROD with NOTICES
A. Submitting Comments
If you submit a comment, please
include the docket number for this
notice (Docket No. FMCSA–2019–0031),
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–2019–0031, 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–2019–0031, 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
VerDate Sep<11>2014
16:08 Jul 12, 2019
Jkt 247001
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.
The ten 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
1 See https://www.ecfr.gov/cgi-bin/textidx?SID=e47b48a9ea42dd67d999246
e23d97970&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.
PO 00000
Frm 00074
Fmt 4703
Sfmt 4703
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,
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
E:\FR\FM\15JYN1.SGM
15JYN1
Federal Register / Vol. 84, No. 135 / Monday, July 15, 2019 / Notices
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).
supportive of Mr. Haslip receiving an
exemption.
III. Qualifications of Applicants
Ms. Miller is a 52 year-old class C
driver in Texas. She has a history of a
single unprovoked seizure and has been
seizure free since 2015. She takes antiseizure medication with the dosage and
frequency remaining the same since
2016. Her physician states that he is
supportive of Ms. Miller receiving an
exemption.
Aaron Ashford
Mr. Ashford is a 22 year-old class C
driver in Michigan. He has history of
childhood seizures and has been seizure
free since 2002. His anti-seizure
medication was discontinued in 2002.
His physician states that he is
supportive of Mr. Ashford receiving an
exemption.
Elton Behnken
Mr. Behnken is a 64 year-old class A
CDL holder in Minnesota. He has a
history of a single disorder and has been
seizure free since 2000. He takes antiseizure medication with the dosage and
frequency remaining the same since
2000. His physician states that he is
supportive of Mr. Behnken receiving an
exemption.
Tina Farmer
Ms. Farmer is a 45 year-old class C
driver in Pennsylvania. She has a
history of epilepsy and has been seizure
free since 2009. She takes anti-seizure
medication with the dosage and
frequency remaining the same since
December 2016. Her physician states
that she is supportive of Ms. Farmer
receiving an exemption.
Elizabeth Galvin
khammond on DSKBBV9HB2PROD with NOTICES
Ms. Galvin is a 56 year-old class C
driver in Georgia. She has a history of
a seizure disorder and has been seizure
free since 2009. She takes anti-seizure
medication with the dosage and
frequency remaining the same since
1998. Her physician states that he is
supportive of Ms. Galvin receiving an
exemption.
Roderick Haslip
Mr. Haslip is a 58 year-old class A
CDL holder in New York. He has a
history of a seizure disorder and has
been seizure free since 2010. He takes
anti-seizure medication with the dosage
and frequency remaining the same since
2010. His physician states that he is
VerDate Sep<11>2014
16:08 Jul 12, 2019
Jkt 247001
Brian E. Kinkade
Barbara Miller
Ryan Moore
Mr. Moore is a 38 year-old class A
CDL holder in North Carolina. He has a
history of epilepsy and has been seizure
free since 2009. He takes anti-seizure
medication with the dosage and
frequency remaining the same since
2014. His physician states that he is
supportive of Mr. Moore receiving an
exemption.
Roger Prynn
Mr. Prynn is a 58 year-old class DM
CDL holder in New York. He has a
history of syncopal episodes and has
been syncope episode free since 2009.
He takes anti-seizure medication with
the dosage and frequency remaining the
same since 2010. His physician states
that he is supportive of Mr. Prynn
receiving an exemption.
Jerel Sayers
Mr. Sayers is a 51 year-old class A
CDL holder in Idaho. He 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
2014. His physician states that he is
supportive of Mr. Sayers receiving an
exemption.
IV. 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.
Frm 00075
Fmt 4703
Issued on: July 5, 2019.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2019–14968 Filed 7–12–19; 8:45 am]
Mr. Kinkade is a 58 year-old class B
CDL holder in Missouri. He has a
history of a seizure disorder and has
been seizure free since 2002. He takes
anti-seizure medication with the dosage
and frequency remaining the same since
2012. His physician states that he is
supportive of Mr. Kinkade receiving an
exemption.
PO 00000
33807
Sfmt 4703
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2010–0203; FMCSA–
2014–0381]
Qualification of Drivers; Exemption
Applications; Epilepsy and Seizure
Disorders
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Notice of final disposition.
AGENCY:
FMCSA announces its
decision to renew exemptions for two
individuals from the requirement in the
Federal Motor Carrier Safety
Regulations (FMCSRs) that interstate
commercial motor vehicle (CMV)
drivers have ‘‘no established medical
history or clinical diagnosis of epilepsy
or any other condition which is likely
to cause loss of consciousness or any
loss of ability to control a CMV.’’ The
exemptions enable these individuals
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 March 10, 2019. The exemptions
expire on March 10, 2021.
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., 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:
SUMMARY:
I. Public Participation
A. 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–2010–0203 or
FMCSA–2014–0381, 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
E:\FR\FM\15JYN1.SGM
15JYN1
Agencies
[Federal Register Volume 84, Number 135 (Monday, July 15, 2019)]
[Notices]
[Pages 33805-33807]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-14968]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2019-0031]
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 ten 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 August 14, 2019.
ADDRESSES: You may submit comments identified by the Federal Docket
Management System (FDMS) Docket No. FMCSA-2019-0031 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.
[[Page 33806]]
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-2019-0031), 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-2019-0031, 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-2019-0031, 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.
The ten 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
[[Page 33807]]
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
Aaron Ashford
Mr. Ashford is a 22 year-old class C driver in Michigan. He has
history of childhood seizures and has been seizure free since 2002. His
anti-seizure medication was discontinued in 2002. His physician states
that he is supportive of Mr. Ashford receiving an exemption.
Elton Behnken
Mr. Behnken is a 64 year-old class A CDL holder in Minnesota. He
has a history of a single disorder and has been seizure free since
2000. He takes anti-seizure medication with the dosage and frequency
remaining the same since 2000. His physician states that he is
supportive of Mr. Behnken receiving an exemption.
Tina Farmer
Ms. Farmer is a 45 year-old class C driver in Pennsylvania. She has
a history of epilepsy and has been seizure free since 2009. She takes
anti-seizure medication with the dosage and frequency remaining the
same since December 2016. Her physician states that she is supportive
of Ms. Farmer receiving an exemption.
Elizabeth Galvin
Ms. Galvin is a 56 year-old class C driver in Georgia. She has a
history of a seizure disorder and has been seizure free since 2009. She
takes anti-seizure medication with the dosage and frequency remaining
the same since 1998. Her physician states that he is supportive of Ms.
Galvin receiving an exemption.
Roderick Haslip
Mr. Haslip is a 58 year-old class A CDL holder in New York. He has
a history of a seizure disorder and has been seizure free since 2010.
He takes anti-seizure medication with the dosage and frequency
remaining the same since 2010. His physician states that he is
supportive of Mr. Haslip receiving an exemption.
Brian E. Kinkade
Mr. Kinkade is a 58 year-old class B CDL holder in Missouri. He has
a history of a seizure disorder and has been seizure free since 2002.
He takes anti-seizure medication with the dosage and frequency
remaining the same since 2012. His physician states that he is
supportive of Mr. Kinkade receiving an exemption.
Barbara Miller
Ms. Miller is a 52 year-old class C driver in Texas. She has a
history of a single unprovoked seizure and has been seizure free since
2015. She takes anti-seizure medication with the dosage and frequency
remaining the same since 2016. Her physician states that he is
supportive of Ms. Miller receiving an exemption.
Ryan Moore
Mr. Moore is a 38 year-old class A CDL holder in North Carolina. He
has a history of epilepsy and has been seizure free since 2009. He
takes anti-seizure medication with the dosage and frequency remaining
the same since 2014. His physician states that he is supportive of Mr.
Moore receiving an exemption.
Roger Prynn
Mr. Prynn is a 58 year-old class DM CDL holder in New York. He has
a history of syncopal episodes and has been syncope episode free since
2009. He takes anti-seizure medication with the dosage and frequency
remaining the same since 2010. His physician states that he is
supportive of Mr. Prynn receiving an exemption.
Jerel Sayers
Mr. Sayers is a 51 year-old class A CDL holder in Idaho. He 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 2014. His physician states that he is supportive of Mr.
Sayers receiving an exemption.
IV. 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.
Issued on: July 5, 2019.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2019-14968 Filed 7-12-19; 8:45 am]
BILLING CODE 4910-EX-P