[Federal Register Volume 78, Number 79 (Wednesday, April 24, 2013)]
[Notices]
[Pages 24301-24302]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-09690]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2013-0106]
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.
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SUMMARY: FMCSA announces receipt of applications from 10 individuals
for an exemption from the prohibition against persons with a clinical
diagnosis of epilepsy or any other condition which is likely to cause a
loss of consciousness or any loss of ability to operate a commercial
motor vehicle (CMV) from operating CMVs in interstate commerce. The
regulation and the associated advisory criteria published in the Code
of Federal Regulations as the ``Instructions for Performing and
Recording Physical Examinations'' have resulted in numerous drivers
being prohibited from operating CMVs 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. If granted, the
exemptions would enable these individuals who have had one or more
seizures and are taking anti-seizure medication to operate CMVs for 2
years in interstate commerce.
DATES: Comments must be received on or before May 24, 2013.
ADDRESSES: You may submit comments bearing the Federal Docket
Management System (FDMS) Docket ID FMCSA-2013-0106- using any of the
following methods:
Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the on-line instructions for submitting
comments.
Mail: Docket Management Facility; U.S. Department of
Transportation, 1200 New Jersey Avenue SE., West Building Ground Floor,
Room W12-140, Washington, DC 20590-0001.
Hand Delivery: West Building Ground Floor, Room W12-140,
1200 New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal Holidays.
Fax: 1-202-493-2251.
Each submission must include the Agency name and the docket ID for
this Notice. Note that DOT posts all comments received without change
to http://www.regulations.gov, including any personal information
included in a comment. Please see the Privacy Act heading below.
Docket: For access to the docket to read background documents or
comments, go to http://www.regulations.gov at any time or Room W12-140
on the ground level of the West Building, 1200 New Jersey Avenue SE.,
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays. The FDMS is available 24 hours each day, 365
days each year. If you want acknowledgment that we received your
comments, please include a self-addressed, stamped envelope or postcard
or print the acknowledgement page that appears after submitting
comments on-line.
Privacy Act: Anyone may search the electronic form of all comments
received into any of our dockets by the name of the individual
submitting the comment (or of the person signing the comment, if
submitted on behalf of an association, business, labor union, etc.).
You may review the DOT's complete Privacy Act Statement in the Federal
Register published on January 17, 2008 (73 FR 3316; January 17, 2008).
This information is also available at http://Docketinfo.dot.gov.
FOR FURTHER INFORMATION CONTACT: Elaine Papp, Chief, Medical Programs
Division, (202) 366-4001, or via email at [email protected], or by
letter FMCSA, Room W64-113, Department of Transportation, 1200 New
Jersey Avenue SE., Washington, DC 20590-0001. Office hours are from
8:30 a.m. to 5 p.m., Monday through Friday, except Federal holidays.
SUPPLEMENTARY INFORMATION:
Background
Under 49 U.S.C. 31315 and 31136(e), FMCSA may grant an exemption
for a 2-
[[Page 24302]]
year period if it finds ``such exemption would likely achieve a level
of safety that is equivalent to or greater than the level that would be
achieved absent such exemption.'' The statutes also allow the Agency to
renew exemptions at the end of the 2-year period. The 10 individuals
listed in this notice have recently requested an exemption from the
epilepsy prohibition in 49 CFR 391.41(b)(8), which applies to drivers
who operate CMVs as defined in 49 CFR 390.5, in interstate commerce.
Section 391.41(b)(8) states that a person is physically qualified to
drive a commercial motor vehicle 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.
FMCSA provides medical advisory criteria for use by medical
examiners in determining whether drivers with certain medical
conditions should be certified to operate CMVs in intrastate commerce.
The advisory criteria indicate that if an individual has had a sudden
episode of a non-epileptic seizure or loss of consciousness of unknown
cause which did not require anti-seizure medication, the decision
whether that person's condition is likely to cause the loss of
consciousness or loss of ability to control a CMV should be made on an
individual basis by the medical examiner in consultation with the
treating physician. Before certification is considered, it is suggested
that a 6-month waiting period elapse from the time of the episode.
Following the waiting period, it is suggested that the individual have
a complete neurological examination. If the results of the examination
are negative and anti-seizure medication is not required, then the
driver may be qualified.
In those individual cases where a driver had a seizure or an
episode of loss of consciousness that resulted from a known medical
condition (e.g., drug reaction, high temperature, acute infectious
disease, dehydration, or acute metabolic disturbance), certification
should be deferred until the driver has fully recovered from that
condition, has no existing residual complications, and is not taking
anti-seizure medication. Drivers who have a history of epilepsy/
seizures, off anti-seizure medication and seizure-free for 10 years,
may be qualified to operate a CMV in interstate commerce. Interstate
drivers with a history of a single unprovoked seizure may be qualified
to drive a CMV in interstate commerce if seizure-free and off anti-
seizure medication for a 5-year period or more.
Summary of Applications
Steven L. Gordon
Mr. Gordon is a 57 year-old CMV driver in Montana. He has a history
of seizures as a result of a head injury in 1986 and his last seizure
was in 2005. He takes anti-seizure medication with the dosage and
frequency remaining the same for over 7 years. If granted the
exemption, he would like to drive a tractor trailer. His physician
states he is supportive of Mr. Gordon receiving an exemption to operate
a CMV.
Kevin A. Jandreau
Mr. Jandreau is a 46 year-old Class A CMV driver in Maine. He has a
diagnosis of seizure disorder. He has remained seizure free for at
least 15 years. He takes anti-seizure medication with the dosage and
frequency remaining the same for 15 years. If granted the exemption, he
would like to drive a tractor trailer.
Jason C. Kirkham
Mr. Kirkham is a 39 year-old CMV driver in Wisconsin. He has a
history of seizures and has remained seizure free for 17 years. He
takes anti-seizure medication with the dosage and frequency remaining
the same for 17 years. If granted the exemption, he would like to drive
straight trucks, cranes, or heavy equipment. His physician states he is
supportive of Mr. Kirkham receiving an exemption.
James M. Kivett, Jr.
Mr. Kivett is a 49 year-old CMV driver in Ohio. He has a history of
seizures due to a brain tumor, which was removed in 2005. He has
remained seizure free for more than 1 year. He takes anti-seizure
medication. If granted the exemption, he would like to drive a tractor
trailer. His physician states he is supportive of Mr. Kivett returning
to work as a commercial driver after 3 months.
William P. Lago
Mr. Lago is a 26 year-old driver in Massachusetts. He has a
diagnosis of epilepsy and has remained seizure free for 8 years. He
takes anti-seizure medication with the dosage and frequency remaining
the same since June 2010. If granted the exemption, he would like to
drive a dump truck.
Michael K. Lail
Mr. Lail is a 54 year-old CMV driver in North Carolina. He had a
single post-traumatic seizure 46 years ago and has remained seizure
free since that time. Mr. Lail has not taken anti-seizure medication
since July 2012. If granted the exemption, he would like to drive a
tractor trailer. His physician states he is supportive of Mr. Lail
receiving an exemption.
Verbon T. Latta
Mr. Latta is a 43 year-old driver in Alabama. He has had 2
seizures, both in May of 2007, 13 days apart while on a new medication
following back surgery. He has remained seizure free since that time.
He takes anti-seizure medication with the dosage and frequency
remaining the same for 6 years. If granted the exemption, he would like
to drive a tractor trailer.
Jeffrey P. Moore
Mr. Moore is a 36 year-old driver in New York. He has a diagnosis
of seizure disorder and his last seizure was in July of 1999. He has
remained seizure free since that time. He takes anti-seizure medication
with the dosage and frequency remaining the same for over 12 years. If
granted the exemption, he would like to drive a box truck or van.
Michael E. Righter
Mr. Righter is a 38 year-old driver in Pennsylvania. Mr. Righter
has a diagnosis of seizure disorder and his last seizure was in March
of 1987. He has remained seizure free since that time. He takes anti-
seizure medication with the dosage and frequency remaining the same for
over 20 years. If granted the exemption, he would like to drive a Class
B truck with air brakes.
Douglas S. Slagel
Mr. Slagel is a 48 year-old CMV driver in Ohio. Mr. Slagel has a
diagnosis of seizure disorder and his last seizure was in 1977. He has
remained seizure free since that time. He takes anti-seizure medication
with the dosage and frequency remaining the same for over 20 years. If
granted the exemption, he would like to a Class B truck with air
brakes. His physician is supportive of Mr. Slagel receiving his
exemption.
Request for Comments
In accordance with 49 U.S.C. 31315 and 31136(e), FMCSA requests
public comment from all interested persons on the exemption
applications described in this notice. We will consider all comments
received before the close of business on the closing date indicated
earlier in the notice.
Issued on: April 9, 2013.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2013-09690 Filed 4-23-13; 8:45 am]
BILLING CODE 4910-EX-P