80 FR 16507 - Qualification of Drivers; Exemption Applications; Epilepsy and Seizure Disorders

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration

Federal Register Volume 80, Issue 59 (March 27, 2015)

Page Range		16507-16509
FR Document		2015-07052

FMCSA announces its decision to grant requests from 5 individuals for exemptions from the regulatory requirement 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 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. The Agency concluded that granting exemptions for these CMV drivers will provide a level of safety that is equivalent to or greater than the level of safety maintained without the exemptions. FMCSA grants exemptions that will allow these 5 individuals to operate CMVs in interstate commerce for a 2-year period. The exemptions preempt State laws and regulations and may be renewed.

Federal Register, Volume 80 Issue 59 (Friday, March 27, 2015)

[Federal Register Volume 80, Number 59 (Friday, March 27, 2015)]
[Notices]
[Pages 16507-16509]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-07052]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2014-0214]


Qualification of Drivers; Exemption Applications; Epilepsy and 
Seizure Disorders

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION: Notice of final disposition.

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SUMMARY: FMCSA announces its decision to grant requests from 5 
individuals for exemptions from the regulatory requirement 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 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. The Agency concluded that granting exemptions for these CMV 
drivers will provide a level of safety that is equivalent to or greater 
than the level of safety maintained without the exemptions. FMCSA 
grants exemptions that will allow these 5 individuals to operate CMVs 
in interstate commerce for a 2-year period. The exemptions preempt 
State laws and regulations and may be renewed.

DATES: The exemptions are effective March 27, 2015. The exemptions 
expire on March 27, 2017.

FOR FURTHER INFORMATION CONTACT: Charles A. Horan, III, Director, 
Office of Carrier, Driver and Vehicle Safety, (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.

SUPPLEMENTARY INFORMATION:

A. Electronic Access

    You may see all the comments online through the Federal Document 
Management System (FDMS) at: http://www.regulations.gov.
    Docket: For access to the docket to read background documents or 
comments, go to http://www.regulations.gov and/or Room W12-140 on the 
ground level of the West Building, 1200 New Jersey Avenue SE., 
Washington, DC, between 9 a.m. and 5 p.m., e.t., Monday through Friday, 
except Federal holidays.
    Privacy Act: In accordance with 5 U.S.C. 553(c), DOT solicits 
comments from the public to better inform its rulemaking process. DOT 
posts these comments, without edit, including any personal information 
the commenter provides, to www.regulations.gov, as described in the 
system of records notice (DOT/ALL-14 FDMS), which can be reviewed at 
www.dot.gov/privacy.

B. Background

    Under 49 U.S.C. 31136(e) and 31315(b), FMCSA may grant an exemption 
from the safety regulations for a 2-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 2-year period.
    FMCSA grants 5 individuals an exemption from the regulatory 
requirement in Sec.  391.41(b)(8), to allow these individuals who take 
anti-seizure medication to operate CMVs in interstate commerce for a 2-
year period. The Agency's decision on these exemption applications is 
based on an individualized assessment of each applicant's medical 
information, including the root cause of the respective seizure(s), the 
length of time elapsed since the individual's last seizure, and each 
individual's treatment regimen. In addition, the Agency reviewed each 
applicant's driving record found in the Commercial Driver's License 
Information System (CDLIS) \1\

[[Page 16508]]

for commercial driver's license (CDL) holders, and interstate and 
intrastate inspections recorded in Motor Carrier Management Information 
System (MCMIS).\2\ For non-CDL holders, the Agency reviewed the driving 
records from the State licensing agency. The Agency acknowledges the 
potential consequences of a driver experiencing a seizure while 
operating a CMV. However, the Agency believes the drivers covered by 
the exemptions granted here have demonstrated that they are unlikely to 
have a seizure and their medical condition does not pose a risk to 
public safety.
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    \1\ Commercial Driver License Information System (CDLIS) is an 
information system that allows the exchange of commercial driver 
licensing information among all the States. CDLIS includes the 
databases of fifty-one licensing jurisdictions and the CDLIS Central 
Site, all connected by a telecommunications network.
    \2\ Motor Carrier Management Information System (MCMIS) is an 
information system that captures data from field offices through 
SAFETYNET, CAPRI, and other sources. It is a source for FMCSA 
inspection, crash, compliance review, safety audit, and registration 
data.
---------------------------------------------------------------------------

    In reaching the decision to grant these exemption requests, the 
Agency considered both current medical literature and information and 
the 2007 recommendations of the Agency's Medical Expert Panel (MEP). 
The Agency previously gathered evidence for potential changes to the 
regulation at 49 CFR 391.41(b)(8) by conducting a comprehensive review 
of scientific literature that was compiled into the ``Evidence Report 
on Seizure Disorders and Commercial Vehicle Driving'' (Evidence Report) 
[CD-ROM HD TL230.3 .E95 2007]. The Agency then convened a panel of 
medical experts in the field of neurology (the MEP) on May 14-15, 2007, 
to review 49 CFR 391.41(b)(8) and the advisory criteria regarding 
individuals who have experienced a seizure, and the 2007 Evidence 
Report. The Evidence Report and the MEP recommendations are published 
on-line at http://www.fmcsa.dot.gov/rules-regulations/topics/mep/mep-reports.htm, under Seizure Disorders, and are in the docket for this 
notice.

MEP Criteria for Evaluation

    On October 15, 2007, the MEP issued the following recommended 
criteria for evaluating whether an individual with epilepsy or a 
seizure disorder should be allowed to operate a CMV.\3\ The MEP 
recommendations are included in previously published dockets.
---------------------------------------------------------------------------

    \3\ Engel, J., Fisher, R.S., Krauss, G.L., Krumholz, A., and 
Quigg, M.S., ``Expert Panel Recommendations: Seizure Disorders and 
Commercial Motor Vehicle Driver Safety,'' FMCSA, October 15, 2007.
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    Epilepsy diagnosis. If there is an epilepsy diagnosis, the 
applicant should be seizure-free for 8 years, on or off medication. If 
the individual is taking anti-seizure medication(s), the plan for 
medication should be stable for 2 years. Stable means no changes in 
medication, dosage, or frequency of medication administration. 
Recertification for drivers with an epilepsy diagnosis should be 
performed every year.
    Single unprovoked seizure. If there is a single unprovoked seizure 
(i.e., there is no known trigger for the seizure), the individual 
should be seizure-free for 4 years, on or off medication. If the 
individual is taking anti-seizure medication(s), the plan for 
medication should be stable for 2 years. Stable means no changes in 
medication, dosage, or frequency of medication administration. 
Recertification for drivers with a single unprovoked seizure should be 
performed every 2 years.
    Single provoked seizure. If there is a single provoked seizure 
(i.e., there is a known reason for the seizure), the Agency should 
consider specific criteria that fall into the following two categories: 
Low-risk factors for recurrence and moderate-to-high risk factors for 
recurrence.
     Examples of low-risk factors for recurrence include 
seizures that were caused by a medication; by non-penetrating head 
injury with loss of consciousness less than or equal to 30 minutes; by 
a brief loss of consciousness not likely to recur while driving; by 
metabolic derangement not likely to recur; and by alcohol or illicit 
drug withdrawal.
     Examples of moderate-to-high-risk factors for recurrence 
include seizures caused by non-penetrating head injury with loss of 
consciousness or amnesia greater than 30 minutes, or penetrating head 
injury; intracerebral hemorrhage associated with a stroke or trauma; 
infections; intracranial hemorrhage; post-operative complications from 
brain surgery with significant brain hemorrhage; brain tumor; or 
stroke.

The MEP report indicates individuals with moderate to high-risk 
conditions should not be certified. Drivers with a history of a single 
provoked seizure with low risk factors for recurrence should be 
recertified every year.

Medical Review Board Recommendations and Agency Decision

    FMCSA presented the MEP's findings and the Evidence Report to the 
Medical Review Board (MRB) for consideration. The MRB reviewed and 
considered the 2007 ``Seizure Disorders and Commercial Driver Safety'' 
evidence report and the 2007 MEP recommendations. The MRB recommended 
maintaining the current advisory criteria, which provide that ``drivers 
with a history of epilepsy/seizures off anti-seizure medication and 
seizure-free for 10 years may be qualified to drive 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'' [Advisory criteria to 49 CFR 391.43(f)].
    The Agency acknowledges the MRB's position on the issue but 
believes relevant current medical evidence supports a less conservative 
approach. The medical advisory criteria for epilepsy and other seizure 
or loss of consciousness episodes was based on the 1988 ``Conference on 
Neurological Disorders and Commercial Drivers'' (NITS Accession No. 
PB89-158950/AS). A copy of the report can be found in the docket 
referenced in this notice.
    The MRB's recommendation treats all drivers who have experienced a 
seizure the same, regardless of individual medical conditions and 
circumstances. In addition, the recommendation to continue prohibiting 
drivers who are taking anti-seizure medication from operating a CMV in 
interstate commerce does not consider a driver's actual seizure history 
and time since the last seizure. The Agency has decided to use the 2007 
MEP recommendations as the basis for evaluating applications for an 
exemption from the seizure regulation on an individual, case-by-case 
basis.

C. Exemptions

    Following individualized assessments of the exemption applications, 
including a review of detailed follow-up information requested from 
each applicant, FMCSA is granting exemptions from 49 CFR 391.41(b)(8) 
to 5 individuals. Under current FMCSA regulations, all of the 5 drivers 
receiving exemptions from 49 CFR 391.41(b)(8) would have been 
considered physically qualified to drive a CMV in interstate commerce 
except that they presently take or have recently stopped taking anti-
seizure medication. For these 5 drivers, the primary obstacle to 
medical qualification was the FMCSA Advisory Criteria for Medical 
Examiners, based on the 1988 ``Conference on Neurological Disorders and 
Commercial Drivers,'' stating that a driver should be off anti-seizure 
medication in order to drive in interstate commerce. In fact, the 
Advisory Criteria have little if anything to do with the actual risk of 
a seizure and more to do with assumptions about individuals who are 
taking anti-seizure medication.
    In addition to evaluating the medical status of each applicant, 
FMCSA

[[Page 16509]]

evaluated the crash and violation data for the 5 drivers, some of whom 
currently drive a CMV in intrastate commerce. The CDLIS and MCMIS were 
searched for crash and violation data on the 5 applicants. For non-CDL 
holders, the Agency reviewed the driving records from the State 
licensing agency.
    These exemptions are contingent on the driver maintaining a stable 
treatment regimen and remaining seizure-free during the 2-year 
exemption period. The exempted drivers must submit annual reports from 
their treating physicians attesting to the stability of treatment and 
that the driver has remained seizure-free. The driver must undergo an 
annual medical examination by a medical examiner, as defined by 49 CFR 
390.5, following the FCMSA's regulations for the physical 
qualifications for CMV drivers.
    FMCSA published a notice of receipt of application and requested 
public comment during a 30-day public comment period in a Federal 
Register notice for each of the applicants. A short summary of the 
applicants' qualifications and a discussion of the comments received, 
if any, follows this section. For applicants who were denied an 
exemption, a notice will be published at a later date.

D. Comments

Docket # FMCSA-2014-0214

    On September 18, 2014, FMCSA published a notice of receipt of 
exemption applications and requested public comment on six individuals 
(79 FR 56098; Docket number FMCSA-2014-22138). The comment period ended 
on October 20, 2014. No commenters responded to this Federal Register 
notice. Of the six applicants, one was denied. The Agency has 
determined that the following five applicants should be granted an 
exemption.
Michael G. Alimecco
    Mr. Alimecco is a 58 year-old driver in Pennsylvania. He has a 
history of seizures and has remained seizure free since 1974. He takes 
anti-seizure medication with the dosage and frequency remaining the 
same since 2003. If granted an exemption, he would like to drive a CMV. 
His physician states he is supportive of Mr. Alimecco receiving an 
exemption.
Michael L. Grant
    Mr. Grant is a 52 year-old driver in South Carolina. He has a 
history of seizures and has remained seizure free since 1995. He takes 
anti-seizure medication with the dosage and frequency remaining the 
same for over 2 years. If granted the exemption, he would like to drive 
a CMV. His physician states that he is supportive of Mr. Grant 
receiving an exemption.
Jeffrey M. Phillips
    Mr. Phillips is a 45 year-old driver in South Carolina. He has a 
history of epilepsy and has remained seizure free since 1989. He takes 
anti-seizure medication with the dosage and frequency remaining the 
same since 1994. If granted the exemption, he would like to drive a 
CMV. His physician states he is supportive of Mr. Phillips receiving an 
exemption.
William L. Swann
    Mr. Swann is a 76 year-old driver in Maryland. He has a history of 
a seizure disorder and has remained seizure free since 2002. He takes 
anti-seizure medication with the dosage and frequency remaining the 
same since that time. If granted the exemption, he would like to drive 
a CMV. His physician states that he is supportive of Mr. Swann 
receiving an exemption.
James M. Zihlke
    Mr. Zihlke is a 31 year-old driver in Iowa. He has a history of a 
single seizure in December 2010. He has never taken anti-seizure 
medication. If granted the exemption, he would like to drive a CMV. His 
physician states that he is supportive of Mr. Zihlke receiving an 
exemption.

E. Basis for Exemption

    Under 49 U.S.C. 31136(e) and 31315(b), FMCSA may grant an exemption 
from the epilepsy/seizure standard in 49 CFR 391.41(b)(8) if the 
exemption is likely to achieve an equivalent or greater level of safety 
than would be achieved without the exemption. Without the exemption, 
applicants will continue to be restricted to intrastate driving. With 
the exemption, applicants can drive in interstate commerce. Thus, the 
Agency's analysis focuses on whether an equal or greater level of 
safety is likely to be achieved by permitting each of these drivers to 
drive in interstate commerce as opposed to restricting the driver to 
driving in intrastate commerce.

Conclusion

    The Agency is granting exemptions from the epilepsy standard, 49 
CFR 391.41(b)(8), to 5 individuals based on a thorough evaluation of 
each driver's safety experience, and medical condition. Safety analysis 
of information relating to these 5 applicants meets the burden of 
showing that granting the exemptions would achieve a level of safety 
that is equivalent to or greater than the level that would be achieved 
without the exemption. By granting the exemptions, the interstate CMV 
industry will gain 5 highly trained and experienced drivers. In 
accordance with 49 U.S.C. 31315(b)(1), each exemption will be valid for 
2 years, with annual recertification required 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 and objectives of 49 U.S.C. 
31136 and 31315.
    FMCSA exempts the following 5 drivers for a period of 2 years with 
annual medical certification required: Michael Alimecco (PA); Michael 
Grant (SC); Jeffrey Phillips (SC); Michael Swann (MD); and James Zihlke 
(IA) from the prohibition of CMV operations by persons with a clinical 
diagnosis of epilepsy or seizures. If the exemption is still in effect 
at the end of the 2-year period, the person may apply to FMCSA for a 
renewal under procedures in effect at that time.

    Issued on: March 20, 2015.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2015-07052 Filed 3-26-15; 8:45 am]
 BILLING CODE 4910-EX-P

16508 Federal Register / Vol. 80, No. 59 / Friday, March 27, 2015 / Notices

for commercial driver’s license (CDL) anti-seizure medication(s), the plan for ‘‘drivers with a history of epilepsy/
holders, and interstate and intrastate medication should be stable for 2 years. seizures off anti-seizure medication and
inspections recorded in Motor Carrier Stable means no changes in medication, seizure-free for 10 years may be
Management Information System dosage, or frequency of medication qualified to drive a CMV in interstate
(MCMIS).2 For non-CDL holders, the administration. Recertification for commerce. Interstate drivers with a
Agency reviewed the driving records drivers with an epilepsy diagnosis history of a single unprovoked seizure
from the State licensing agency. The should be performed every year. may be qualified to drive a CMV in
Agency acknowledges the potential Single unprovoked seizure. If there is interstate commerce if seizure-free and
consequences of a driver experiencing a a single unprovoked seizure (i.e., there off anti-seizure medication for a 5 year
seizure while operating a CMV. is no known trigger for the seizure), the period or more’’ [Advisory criteria to 49
However, the Agency believes the individual should be seizure-free for 4 CFR 391.43(f)].
drivers covered by the exemptions years, on or off medication. If the The Agency acknowledges the MRB’s
granted here have demonstrated that individual is taking anti-seizure position on the issue but believes
they are unlikely to have a seizure and medication(s), the plan for medication relevant current medical evidence
their medical condition does not pose a should be stable for 2 years. Stable supports a less conservative approach.
risk to public safety. means no changes in medication, The medical advisory criteria for
In reaching the decision to grant these dosage, or frequency of medication epilepsy and other seizure or loss of
exemption requests, the Agency administration. Recertification for consciousness episodes was based on
considered both current medical drivers with a single unprovoked the 1988 ‘‘Conference on Neurological
literature and information and the 2007 seizure should be performed every 2 Disorders and Commercial Drivers’’
recommendations of the Agency’s years. (NITS Accession No. PB89–158950/AS).
Medical Expert Panel (MEP). The Single provoked seizure. If there is a A copy of the report can be found in the
Agency previously gathered evidence single provoked seizure (i.e., there is a docket referenced in this notice.
for potential changes to the regulation at known reason for the seizure), the The MRB’s recommendation treats all
49 CFR 391.41(b)(8) by conducting a Agency should consider specific criteria drivers who have experienced a seizure
comprehensive review of scientific that fall into the following two the same, regardless of individual
literature that was compiled into the categories: Low-risk factors for medical conditions and circumstances.
‘‘Evidence Report on Seizure Disorders recurrence and moderate-to-high risk In addition, the recommendation to
and Commercial Vehicle Driving’’ factors for recurrence. continue prohibiting drivers who are
(Evidence Report) [CD–ROM HD • Examples of low-risk factors for taking anti-seizure medication from
TL230.3 .E95 2007]. The Agency then recurrence include seizures that were operating a CMV in interstate commerce
convened a panel of medical experts in caused by a medication; by non- does not consider a driver’s actual
the field of neurology (the MEP) on May penetrating head injury with loss of seizure history and time since the last
14–15, 2007, to review 49 CFR consciousness less than or equal to 30 seizure. The Agency has decided to use
391.41(b)(8) and the advisory criteria minutes; by a brief loss of consciousness the 2007 MEP recommendations as the
regarding individuals who have not likely to recur while driving; by basis for evaluating applications for an
experienced a seizure, and the 2007 metabolic derangement not likely to exemption from the seizure regulation
Evidence Report. The Evidence Report recur; and by alcohol or illicit drug on an individual, case-by-case basis.
and the MEP recommendations are withdrawal.
• Examples of moderate-to-high-risk C. Exemptions
published on-line at http://
www.fmcsa.dot.gov/rules-regulations/ factors for recurrence include seizures Following individualized assessments
caused by non-penetrating head injury of the exemption applications,
topics/mep/mep-reports.htm, under
with loss of consciousness or amnesia including a review of detailed follow-up
Seizure Disorders, and are in the docket
greater than 30 minutes, or penetrating information requested from each
for this notice.
head injury; intracerebral hemorrhage applicant, FMCSA is granting
MEP Criteria for Evaluation associated with a stroke or trauma; exemptions from 49 CFR 391.41(b)(8) to
On October 15, 2007, the MEP issued infections; intracranial hemorrhage; 5 individuals. Under current FMCSA
the following recommended criteria for post-operative complications from brain regulations, all of the 5 drivers receiving
evaluating whether an individual with surgery with significant brain exemptions from 49 CFR 391.41(b)(8)
epilepsy or a seizure disorder should be hemorrhage; brain tumor; or stroke. would have been considered physically
allowed to operate a CMV.3 The MEP The MEP report indicates individuals qualified to drive a CMV in interstate
recommendations are included in with moderate to high-risk conditions commerce except that they presently
previously published dockets. should not be certified. Drivers with a take or have recently stopped taking
Epilepsy diagnosis. If there is an history of a single provoked seizure anti-seizure medication. For these 5
epilepsy diagnosis, the applicant should with low risk factors for recurrence drivers, the primary obstacle to medical
be seizure-free for 8 years, on or off should be recertified every year. qualification was the FMCSA Advisory
medication. If the individual is taking Criteria for Medical Examiners, based
Medical Review Board on the 1988 ‘‘Conference on
Recommendations and Agency Decision Neurological Disorders and Commercial
the CDLIS Central Site, all connected by a
telecommunications network. FMCSA presented the MEP’s findings Drivers,’’ stating that a driver should be
2 Motor Carrier Management Information System
and the Evidence Report to the Medical off anti-seizure medication in order to
(MCMIS) is an information system that captures
mstockstill on DSK4VPTVN1PROD with NOTICES

Review Board (MRB) for consideration. drive in interstate commerce. In fact, the
data from field offices through SAFETYNET,
CAPRI, and other sources. It is a source for FMCSA The MRB reviewed and considered the Advisory Criteria have little if anything
inspection, crash, compliance review, safety audit, 2007 ‘‘Seizure Disorders and to do with the actual risk of a seizure
and registration data. Commercial Driver Safety’’ evidence and more to do with assumptions about
3 Engel, J., Fisher, R.S., Krauss, G.L., Krumholz,
report and the 2007 MEP individuals who are taking anti-seizure
A., and Quigg, M.S., ‘‘Expert Panel
Recommendations: Seizure Disorders and
recommendations. The MRB medication.
Commercial Motor Vehicle Driver Safety,’’ FMCSA, recommended maintaining the current In addition to evaluating the medical
October 15, 2007. advisory criteria, which provide that status of each applicant, FMCSA

VerDate Sep<11>2014 20:59 Mar 26, 2015 Jkt 235001 PO 00000 Frm 00150 Fmt 4703 Sfmt 4703 E:\FR\FM\27MRN1.SGM 27MRN1

Federal Register / Vol. 80, No. 59 / Friday, March 27, 2015 / Notices 16509

evaluated the crash and violation data frequency remaining the same for over that granting the exemptions would
for the 5 drivers, some of whom 2 years. If granted the exemption, he achieve a level of safety that is
currently drive a CMV in intrastate would like to drive a CMV. His equivalent to or greater than the level
commerce. The CDLIS and MCMIS were physician states that he is supportive of that would be achieved without the
searched for crash and violation data on Mr. Grant receiving an exemption. exemption. By granting the exemptions,
the 5 applicants. For non-CDL holders, the interstate CMV industry will gain 5
Jeffrey M. Phillips
the Agency reviewed the driving records highly trained and experienced drivers.
from the State licensing agency. Mr. Phillips is a 45 year-old driver in In accordance with 49 U.S.C.
These exemptions are contingent on South Carolina. He has a history of 31315(b)(1), each exemption will be
the driver maintaining a stable epilepsy and has remained seizure free valid for 2 years, with annual
treatment regimen and remaining since 1989. He takes anti-seizure recertification required unless revoked
seizure-free during the 2-year exemption medication with the dosage and earlier by FMCSA. The exemption will
period. The exempted drivers must frequency remaining the same since be revoked if the following occurs: (1)
submit annual reports from their 1994. If granted the exemption, he The person fails to comply with the
treating physicians attesting to the would like to drive a CMV. His terms and conditions of the exemption;
stability of treatment and that the driver physician states he is supportive of Mr. (2) the exemption has resulted in a
has remained seizure-free. The driver Phillips receiving an exemption. lower level of safety than was
must undergo an annual medical William L. Swann maintained prior to being granted; or (3)
examination by a medical examiner, as continuation of the exemption would
defined by 49 CFR 390.5, following the Mr. Swann is a 76 year-old driver in not be consistent with the goals and
FCMSA’s regulations for the physical Maryland. He has a history of a seizure objectives of 49 U.S.C. 31136 and 31315.
qualifications for CMV drivers. disorder and has remained seizure free FMCSA exempts the following 5
FMCSA published a notice of receipt since 2002. He takes anti-seizure drivers for a period of 2 years with
of application and requested public medication with the dosage and annual medical certification required:
comment during a 30-day public frequency remaining the same since that Michael Alimecco (PA); Michael Grant
comment period in a Federal Register time. If granted the exemption, he (SC); Jeffrey Phillips (SC); Michael
notice for each of the applicants. A short would like to drive a CMV. His Swann (MD); and James Zihlke (IA)
summary of the applicants’ physician states that he is supportive of from the prohibition of CMV operations
qualifications and a discussion of the Mr. Swann receiving an exemption. by persons with a clinical diagnosis of
comments received, if any, follows this James M. Zihlke epilepsy or seizures. If the exemption is
section. For applicants who were denied still in effect at the end of the 2-year
Mr. Zihlke is a 31 year-old driver in
an exemption, a notice will be period, the person may apply to FMCSA
Iowa. He has a history of a single seizure
published at a later date. for a renewal under procedures in effect
in December 2010. He has never taken
at that time.
D. Comments anti-seizure medication. If granted the
exemption, he would like to drive a Issued on: March 20, 2015.
Docket # FMCSA–2014–0214 Larry W. Minor,
CMV. His physician states that he is
On September 18, 2014, FMCSA supportive of Mr. Zihlke receiving an Associate Administrator for Policy.
published a notice of receipt of exemption. [FR Doc. 2015–07052 Filed 3–26–15; 8:45 am]
exemption applications and requested BILLING CODE 4910–EX–P
public comment on six individuals (79 E. Basis for Exemption
FR 56098; Docket number FMCSA– Under 49 U.S.C. 31136(e) and
2014–22138). The comment period 31315(b), FMCSA may grant an DEPARTMENT OF TRANSPORTATION
ended on October 20, 2014. No exemption from the epilepsy/seizure
commenters responded to this Federal standard in 49 CFR 391.41(b)(8) if the Federal Motor Carrier Safety
Register notice. Of the six applicants, exemption is likely to achieve an Administration
one was denied. The Agency has equivalent or greater level of safety than
[Docket No. FMCSA–2013–0023]
determined that the following five would be achieved without the
applicants should be granted an exemption. Without the exemption, Qualification of Drivers; Exemption
exemption. applicants will continue to be restricted Applications; Vision
to intrastate driving. With the
Michael G. Alimecco AGENCY: Federal Motor Carrier Safety
exemption, applicants can drive in
Mr. Alimecco is a 58 year-old driver interstate commerce. Thus, the Agency’s Administration (FMCSA), DOT.
in Pennsylvania. He has a history of analysis focuses on whether an equal or ACTION: Notice of renewal of
seizures and has remained seizure free greater level of safety is likely to be exemptions; request for comments.
since 1974. He takes anti-seizure achieved by permitting each of these
medication with the dosage and drivers to drive in interstate commerce SUMMARY: FMCSA announces its
frequency remaining the same since as opposed to restricting the driver to decision to renew the exemptions from
2003. If granted an exemption, he would driving in intrastate commerce. the vision requirement in the Federal
like to drive a CMV. His physician states Motor Carrier Safety Regulations for 3
he is supportive of Mr. Alimecco Conclusion individuals. FMCSA has statutory
mstockstill on DSK4VPTVN1PROD with NOTICES

receiving an exemption. The Agency is granting exemptions authority to exempt individuals from
from the epilepsy standard, 49 CFR the vision requirement if the
Michael L. Grant 391.41(b)(8), to 5 individuals based on exemptions granted will not
Mr. Grant is a 52 year-old driver in a thorough evaluation of each driver’s compromise safety. The Agency has
South Carolina. He has a history of safety experience, and medical concluded that granting these
seizures and has remained seizure free condition. Safety analysis of exemption renewals will provide a level
since 1995. He takes anti-seizure information relating to these 5 of safety that is equivalent to or greater
medication with the dosage and applicants meets the burden of showing than the level of safety maintained

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Document Created: 2015-12-18 11:36:48
Document Modified: 2015-12-18 11:36:48

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
Action		Notice of final disposition.
Dates		The exemptions are effective March 27, 2015. The exemptions expire on March 27, 2017.
Contact		Charles A. Horan, III, Director, Office of Carrier, Driver and Vehicle Safety, (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.
FR Citation		80 FR 16507

80 FR 16507 - Qualification of Drivers; Exemption Applications; Epilepsy and Seizure Disorders

DEPARTMENT OF TRANSPORTATIONFederal Motor Carrier Safety Administration

Federal Register Volume 80, Issue 59 (March 27, 2015)

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration