80 FR 31958 - Denial of Exemption Applications; Epilepsy and Seizure Disorders
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration Federal Register Volume 80, Issue 107 (June 4, 2015)
Federal Motor Carrier Safety Administration
Federal Register Volume 80, Issue 107 (June 4, 2015)
| Page Range | 31958-31961 | |
| FR Document | 2015-13657 |
[Federal Register Volume 80, Number 107 (Thursday, June 4, 2015)] [Notices] [Pages 31958-31961] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-13657] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA-2013-0442; FMCSA-2013-0443; FMCSA-2013-0444; FMCSA- 2013-0445; FMCSA-2014-0213; FMCSA-2014-0214; FMCSA-2014-0215; FMCSA- 2014-0216; FMCSA-2014-0378; FMCSA-2014-0379; FMCSA-2014-0380; FMCSA- 2014-0381; FMCSA-2014-0382] Denial of Exemption Applications; Epilepsy and Seizure Disorders AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice of denial of applications for seizure exemptions. ----------------------------------------------------------------------- SUMMARY: FMCSA announces the denial of 36 individuals' applications for exemptions from the rule prohibiting 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 operate a commercial motor vehicle (CMV) from operating CMVs in interstate commerce. The reason for each of the denials is listed after the individual's name. FOR FURTHER INFORMATION CONTACT: Charles A. Horan, III, Director, Office of Carrier, Driver and Vehicle Safety, (202) [[Page 31959]] 366-4001, or via email at fmcsamedical@dot.gov, or by letter to 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-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 allow the Agency to renew exemptions at the end of the 2-year period. The 36 individuals listed in this notice have requested an exemption from the epilepsy and seizure disorder standard 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 qualified physically 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 order to make an evidence-based decision, FMCSA conducted a comprehensive review of scientific literature and convened a panel of medical experts in the field of neurology to evaluate key questions regarding seizure and anti-seizure medication related to the safe operation of a CMV. Previously, the Agency gathered evidence for decision making concerning potential changes to the regulation by conducting a comprehensive review of scientific literature that was compiled into a report entitled, ``Evidence Report on Seizure Disorders and Commercial Vehicle Driving'' (Evidence Report) [CD-ROM HD TL230.3 .E95 2007]. The Agency then convened a MEP in the field of neurology 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. In reaching the determination to grant or deny exemption requests for individuals who have experienced a seizure, the Agency considered both current medical literature and information and the 2007 recommendations of the Agency's Medical Expert Panel (MEP). 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.\1\ The MEP recommendations are included in an appendix at the end of this notice and in each of the previously published dockets. --------------------------------------------------------------------------- \1\ 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. --------------------------------------------------------------------------- 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; or 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 that 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 current relevant 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 of Neurological Disorders and Commercial Driving'' (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. The disposition of applications announced in this notice applies the 2007 MEP recommendations. Denials and Reasons The following driver was listed previously in Federal Register Notice [[Page 31960]] FMCSA-2013-0442 published on February 25, 2014: Bryan Puterbaugh--Mr. Puterbaugh has a history of epilepsy. His last seizure was in 2002. His anti-seizure medication was discontinued in 2008. He does not meet the MEP guidelines at this time. The following driver was listed previously in Federal Register Notice FMCSA-2013-0443 published on March 21, 2014: Scott Smith--Mr. Smith has a history of seizure disorder. His last seizure was in 2002. His anti-seizure medication was discontinued 2012. He does not meet the MEP guidelines at this time. The following driver was listed previously in Federal Register Notice FMCSA-2013-0444 published on May 13, 2014: Earnest Williams--Mr. Williams has a history of epilepsy. His last seizure was in 2001. His anti-seizure medication was discontinued in 2010. He does not meet the MEP guidelines at this time. The following drivers were listed previously in Federal Register Notice FMCSA-2014-0213 published on August 12, 2014: Brian Brown--Mr. Brown has a history of seizure disorder. His last seizure was October 2008. He takes anti-seizure medication. He does not meet the MEP guidelines at this time. Adam Schultz--Mr. Schultz has a history of epilepsy. His last seizure was November 2009. He takes anti-seizure medication. He does not meet the MEP guidelines at this time. The following driver was listed previously in Federal Register Notice FMCSA-2014-0214 published on September 18, 2014: Michael LaPlante--Mr. LaPlante has a history of epilepsy. His last seizure was June 2011. He takes anti-seizure medication. He does not meet the MEP guidelines at this time. The following drivers were listed previously in Federal Register Notice FMCSA-2014-0215 published on September 9, 2014: Brian Bose--Mr. Bose has a history of epilepsy secondary to a right frontal lobe meningioma which was resected in 1997 and again in 2014. He had a postoperative seizure in 2014. He does not meet the MEP guidelines at this time. Aimee-Christine Bjornstad--Ms. Bjornstad has a history of epilepsy. Her last seizure was August 2008. She takes anti-seizure medication. She does not meet the MEP guidelines at this time. Todd Riel--Mr. Riel has a history of seizure disorder. His last seizure was September 2011. He takes anti-seizure medication. He does not meet the MEP guidelines at this time. Tory Shuler--Mr. Shuler has a history of seizure disorder. His last seizure was October 2012. He takes anti-seizure medication. He does not meet the MEP guidelines at this time. The following driver was listed previously in Federal Register Notice FMCSA-2014-0216 published on October 1, 2014: David Allen Mitchell--Mr. Mitchell has a history of seizure disorder due to a frontal craniotomy aneurysm clipping. His last seizure was approximately four years ago. He takes anti-seizure medication. He does not meet the MEP guidelines at this time. The following drivers were listed previously in Federal Register Notice FMCSA-2014-0378 published on October 27, 2014: Jason McKenna Sr.--Mr. McKenna has a history of seizure disorder. His last seizure was July 2010. He takes anti-seizure medication. He does not meet the MEP guidelines at this time. Bobby Shane Walker--Mr. Walker has a history of seizure disorder. His last seizure was in 1990, however in 2014 he became suddenly incapacitated while driving and suffered a minor crash. He does not meet the MEP guidelines at this time. The following drivers were listed previously in Federal Register Notice FMCSA-2014-0379 published on November 24, 2014: Keith Boelter--Mr. Boelter has a history of epilepsy. His last seizure was May 2014. He takes anti-seizure medication. He does not meet the MEP guidelines at this time. Philip Canales, Jr.--Mr. Canales has a history of a seizure 30 years ago after a severe post traumatic brain injury. His doctor stated that in 2009 he suffered three brief spells in which he felt funny. It is unclear if these three brief spells were seizures. He takes anti- seizure medication. He does not meet the MEP guidelines at this time. Gerald Hodge--Mr. Hodge has a history of seizure disorder. His last seizure was in 2012. He takes anti-seizure medication. He does not meet the MEP guidelines at this time. Donald Horst--Mr. Horst has a history of seizure disorder. His last seizure was July 2008. He takes anti-seizure medication. He does not meet the MEP guidelines at this time. David Satchell--Mr. Satchell has a history of seizure disorder. His last seizure was September 2013. He takes anti-seizure medication. He does not meet the MEP guidelines at this time. Eric Schams--Mr. Schams has a history of seizure disorder. His last seizure was September 2013. He takes anti-seizure medication. He does not meet the MEP guidelines at this time. The following drivers were listed previously in Federal Register Notice FMCSA-2014-0380 published on January 22, 2015: Allen James Broll--Mr. Broll has a history of having two spontaneous subdural hematomas. He has no history of seizure. He takes anti-seizure medication as a prophylactic measure. He does not meet the MEP guidelines at this time. Mark A. Grafton--Mr. Grafton has a history of a seizure in 2014, secondary to a stroke. He takes anti-seizure medication. He does not meet the MEP guidelines at this time. Zachary Kyle Griffin--Mr. Griffin has a history of post-traumatic seizure disorder. His last seizure was 2009. He takes anti-seizure medication. He does not meet the MEP guidelines at this time. Matthew M. Lohman--Mr. Lohman has a history of seizures. His last seizure was in 2011. He takes anti-seizure medication. He does not meet the MEP guidelines at this time. Nicholas Blake Malott--Mr. Malott has a history of a seizure disorder. His last seizure was in 2014. He takes anti-seizure medication. He does not meet the MEP guidelines at this time. Kevin W. Mathis--Mr. Mathis has a history of epilepsy. His last seizure was in 2012. He takes anti-seizure medication. He does not meet the MEP guidelines at this time. Jason R. McKenzie--Mr. McKenzie has a history of seizures. His last seizure was in 2012. He takes anti-seizure medication. He does not meet the MEP guidelines at this time. Steven R. Plummer--Mr. Plummer has a history of a movement disorder with symptoms of unsteadiness and muscle twitching. He has no history of seizure. He takes anti-seizure medication for his movement disorder. He does not meet the MEP guidelines at this time. Clinton James Howard Sheller--Mr. Sheller has a history of a seizure disorder. His last seizure was in 2010. He takes anti-seizure medication. He does not meet the MEP guidelines at this time. The following drivers were listed previously in Federal Register Notice FMCSA-2014-0381 published on February 4, 2015. Bryant Justin Carter--Mr. Carter has a history of seizure. His last seizure was in 2012. He does not take anti-seizure medication. He does not meet the MEP guidelines at this time. [[Page 31961]] Richard A. Frazier, Jr.--Mr. Frazier has a history of an episode of loss of consciousness in 2013. He takes anti-seizure medication. He does not meet the MEP guidelines at this time. Emanuel Villegas--Mr. Villegas has a history of seizures. His last seizure was in 2013. He takes anti-seizure medication. He does not meet the MEP guidelines at this time. The following drivers were listed previously in Federal Register Notice FMCSA-2014-0382 published on April 13, 2015. Cody A. Baker--Mr. Baker has a history of a seizure disorder. His last seizure was in 2010. He takes anti-seizure medication. He does not meet the MEP guidelines at this time. Glenn M. Gervais--Mr. Gervais has a history of a seizure disorder. His last seizure was in 2011. He takes anti-seizure medication. He does not meet the MEP guidelines at this time. Robert I. Keene, Jr.--Mr. Keene has a history of a seizure disorder. His last seizure was in 2012. He takes anti-seizure medication. He does not meet the MEP guidelines at this time. Larry T. Lintelman--Mr. Lintelman has a history of a seizure disorder. His last seizure was in 2011. He takes anti-seizure medication. He does not meet the MEP guidelines at this time. Robert R. Rosebrough, Jr.--Mr. Rosebrough has a history of epilepsy. His last seizure was in 2014. He takes anti-seizure medication. He does not meet the MEP guidelines at this time. Issued on: May 22, 2015. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2015-13657 Filed 6-3-15; 8:45 am] BILLING CODE 4910-EX-P
![31958 Federal Register / Vol. 80, No. 107 / Thursday, June 4, 2015 / Notices
II. Exemption Decision requirements (64 FR 40404; 64 FR and would like to know that they
This notice addresses 14 individuals 66962; 67 FR 17102; 70 FR 25878; 72 FR reached the facility, please enclose a
who have requested renewal of their 8417; 72 FR 34062; 72 FR 36099; 74 FR stamped, self-addressed postcard or
exemptions in accordance with FMCSA 7097; 74 FR 15584; 74 FR 26466; 74 FR envelope. FMCSA will consider all
procedures. FMCSA has evaluated these 26471; 76 FR 37173; 78 FR 57679). Each comments and material received during
14 applications for renewal on their of these 14 applicants has requested the comment period and may change
merits and decided to extend each renewal of the exemption and has this notice based on your comments.
exemption for a renewable two-year submitted evidence showing that the
vision in the better eye continues to Viewing Comments and Documents
period. They are:
meet the requirement specified at 49 To view comments, as well as any
Michael W. Anderson (NM) CFR 391.41(b)(10) and that the vision documents mentioned in this preamble
Michael R. Bradford (MD) impairment is stable. In addition, a as being available in the docket, go to
John J. Caricola, Jr (NC) review of each record of safety while http://www.regulations.gov and in the
Angklika D. M. Engle (GA) driving with the respective vision search box insert the docket number,
Wade M. Hillmer (MN) deficiencies over the past two years ‘‘FMCSA–1999–5748; FMCSA–2006–
Michael W. Jensen (CA) 26653; FMCSA–2008–0398’’ in the
indicates each applicant continues to
Clifford E. Masink (OH)
meet the vision exemption ‘‘Keyword’’ box and click ‘‘Search.’’
Michael J. McGregan (FL)
requirements. Next, click ‘‘Open Docket Folder’’
Felix L. McLean (NM) These factors provide an adequate button choose the document listed to
Willie E. Nichols (FL)
basis for predicting each driver’s ability review. If you do not have access to the
John P. Perez (FL)
to continue to drive safely in interstate Internet, you may view the docket
Scott K. Richardson (OH)
commerce. Therefore, FMCSA online by visiting the Docket
Kyle C. Shover (NJ)
Charles H. Smith (IN) concludes that extending the exemption Management Facility in Room W12–140
for each renewal applicant for a period on the ground floor of the DOT West
The exemptions are extended subject of two years is likely to achieve a level Building, 1200 New Jersey Avenue SE.,
to the following conditions: (1) That of safety equal to that existing without Washington, DC 20590, between 9 a.m.
each individual has a physical the exemption. and 5 p.m., e.t., Monday through Friday,
examination every year (a) by an
IV. Public Participation and Request for except Federal holidays.
ophthalmologist or optometrist who
attests that the vision in the better eye Comments Issued On: May 22, 2015.
continues to meet the requirements in FMCSA encourages you to participate Larry W. Minor,
49 CFR 391.41(b)(10), and (b) by a by submitting comments and related Associate Administrator for Policy.
medical examiner who attests that the materials. [FR Doc. 2015–13654 Filed 6–3–15; 8:45 am]
individual is otherwise physically BILLING CODE 4910–EX–P
qualified under 49 CFR 391.41; (2) that Submitting Comments
each individual provides a copy of the If you submit a comment, please
ophthalmologist’s or optometrist’s include the docket number for this DEPARTMENT OF TRANSPORTATION
report to the medical examiner at the notice (FMCSA–1999–5748; FMCSA–
time of the annual medical examination; 2006–26653; FMCSA–2008–0398), Federal Motor Carrier Safety
and (3) that each individual provide a indicate the specific section of this Administration
copy of the annual medical certification document to which each comment [Docket No. FMCSA–2013–0442; FMCSA–
to the employer for retention in the applies, and provide a reason for each 2013–0443; FMCSA–2013–0444; FMCSA–
driver’s qualification file and retains a suggestion or recommendation. You 2013–0445; FMCSA–2014–0213; FMCSA–
copy of the certification on his/her may submit your comments and 2014–0214; FMCSA–2014–0215; FMCSA–
person while driving for presentation to material online or by fax, mail, or hand 2014–0216; FMCSA–2014–0378; FMCSA–
a duly authorized Federal, State, or local delivery, but please use only one of 2014–0379; FMCSA–2014–0380; FMCSA–
enforcement official. Each exemption these means. FMCSA recommends that 2014–0381; FMCSA–2014–0382]
will be valid for two years unless you include your name and a mailing
Denial of Exemption Applications;
rescinded earlier by FMCSA. The address, an email address, or a phone
Epilepsy and Seizure Disorders
exemption will be rescinded if: (1) The number in the body of your document
person fails to comply with the terms so the Agency can contact you if it has AGENCY: Federal Motor Carrier Safety
and conditions of the exemption; (2) the questions regarding your submission. Administration (FMCSA), DOT.
exemption has resulted in a lower level To submit your comment online, go to ACTION: Notice of denial of applications
of safety than was maintained before it http://www.regulations.gov and put the for seizure exemptions.
was granted; or (3) continuation of the docket number, ‘‘FMCSA–1999–5748;
exemption would not be consistent with FMCSA–2006–26653; FMCSA–2008– SUMMARY: FMCSA announces the denial
the goals and objectives of 49 U.S.C. 0398’’ in the ‘‘Keyword’’ box, and click of 36 individuals’ applications for
31136(e) and 31315. ‘‘Search.’’ When the new screen exemptions from the rule prohibiting
appears, click on ‘‘Comment Now!’’ persons with a clinical diagnosis of
III. Basis for Renewing Exemptions button and type your comment into the epilepsy or any other condition that is
Under 49 U.S.C. 31315(b)(1), an text box in the following screen. Choose likely to cause a loss of consciousness
wreier-aviles on DSK5TPTVN1PROD with NOTICES
exemption may be granted for no longer whether you are submitting your or any loss of ability to operate a
than two years from its approval date comment as an individual or on behalf commercial motor vehicle (CMV) from
and may be renewed upon application of a third party and then submit. If you operating CMVs in interstate commerce.
for additional two year periods. In submit your comments by mail or hand The reason for each of the denials is
accordance with 49 U.S.C. 31136(e) and delivery, submit them in an unbound listed after the individual’s name.
31315, each of the 14 applicants has format, no larger than 81⁄2 by 11 inches, FOR FURTHER INFORMATION CONTACT:
satisfied the entry conditions for suitable for copying and electronic Charles A. Horan, III, Director, Office of
obtaining an exemption from the vision filing. If you submit comments by mail Carrier, Driver and Vehicle Safety, (202)
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366–4001, or via email at literature and information and the 2007 infections; intracranial hemorrhage;
fmcsamedical@dot.gov, or by letter to recommendations of the Agency’s post-operative complications from brain
FMCSA, Room W64–113, Department of Medical Expert Panel (MEP). surgery with significant brain
Transportation, 1200 New Jersey hemorrhage; brain tumor; or stroke.
MEP Criteria for Evaluation The MEP report indicates that
Avenue SE., Washington, DC 20590–
0001. Office hours are from 8:30 a.m. to On October 15, 2007, the MEP issued individuals with moderate to high-risk
5 p.m., Monday through Friday, except the following recommended criteria for conditions should not be certified.
Federal holidays. evaluating whether an individual with Drivers with a history of a single
epilepsy or a seizure disorder should be provoked seizure with low risk factors
SUPPLEMENTARY INFORMATION:
allowed to operate a CMV.1 The MEP for recurrence should be recertified
Background recommendations are included in an every year.
appendix at the end of this notice and
Under 49 U.S.C. 31315 and 31136(e), Medical Review Board
in each of the previously published
FMCSA may grant an exemption for a Recommendations and Agency Decision
dockets.
2-year period if it finds ‘‘such Epilepsy diagnosis. If there is an FMCSA presented the MEP’s findings
exemption would likely achieve a level epilepsy diagnosis, the applicant should and the Evidence Report to the Medical
of safety that is equivalent to, or greater be seizure-free for 8 years, on or off Review Board (MRB) for consideration.
than, the level that would be achieved medication. If the individual is taking The MRB reviewed and considered the
absent such exemption.’’ The statutes anti-seizure medication(s), the plan for 2007 ‘‘Seizure Disorders and
allow the Agency to renew exemptions medication should be stable for 2 years. Commercial Driver Safety’’ evidence
at the end of the 2-year period. The 36 Stable means no changes in medication, report and the 2007 MEP
individuals listed in this notice have dosage, or frequency of medication recommendations. The MRB
requested an exemption from the administration. Recertification for recommended maintaining the current
epilepsy and seizure disorder standard drivers with an epilepsy diagnosis advisory criteria, which provide that
in 49 CFR 391.41(b)(8), which applies to should be performed every year. ‘‘drivers with a history of epilepsy/
drivers who operate CMVs as defined in Single unprovoked seizure. If there is seizures off anti-seizure medication and
49 CFR 390.5, in interstate commerce. a single unprovoked seizure (i.e., there seizure-free for 10 years may be
Section 391.41(b)(8) states that a person is no known trigger for the seizure), the qualified to drive a CMV in interstate
is qualified physically to drive a CMV individual should be seizure-free for 4 commerce. Interstate drivers with a
if that person has no established years, on or off medication. If the history of a single unprovoked seizure
medical history or clinical diagnosis of individual is taking anti-seizure may be qualified to drive a CMV in
epilepsy or any other condition which medication(s), the plan for medication interstate commerce if seizure-free and
is likely to cause the loss of should be stable for 2 years. Stable off anti-seizure medication for a 5 year
consciousness or any loss of ability to means no changes in medication, period or more’’ [Advisory criteria to 49
control a CMV. dosage, or frequency of medication CFR 391.43(f)].
In order to make an evidence-based administration. Recertification for The Agency acknowledges the MRB’s
decision, FMCSA conducted a drivers with a single unprovoked position on the issue but believes
comprehensive review of scientific seizure should be performed every 2 current relevant medical evidence
literature and convened a panel of years. supports a less conservative approach.
medical experts in the field of neurology Single provoked seizure. If there is a The medical advisory criteria for
to evaluate key questions regarding single provoked seizure (i.e., there is a epilepsy and other seizure or loss of
seizure and anti-seizure medication known reason for the seizure), the consciousness episodes was based on
related to the safe operation of a CMV. Agency should consider specific criteria the 1988 ‘‘Conference of Neurological
Previously, the Agency gathered that fall into the following two Disorders and Commercial Driving’’
evidence for decision making categories: low-risk factors for (NITS Accession No. PB89–158950/AS).
concerning potential changes to the recurrence and moderate-to-high risk A copy of the report can be found in the
regulation by conducting a factors for recurrence. docket referenced in this notice.
comprehensive review of scientific • Examples of low-risk factors for The MRB’s recommendation treats all
literature that was compiled into a recurrence include seizures that were drivers who have experienced a seizure
report entitled, ‘‘Evidence Report on caused by a medication; by non- the same, regardless of individual
Seizure Disorders and Commercial penetrating head injury with loss of medical conditions and circumstances.
Vehicle Driving’’ (Evidence Report) [CD– consciousness less than or equal to 30 In addition, the recommendation to
ROM HD TL230.3 .E95 2007]. The minutes; by a brief loss of consciousness continue prohibiting drivers who are
Agency then convened a MEP in the not likely to recur while driving; by taking anti-seizure medication from
field of neurology on May 14–15, 2007, metabolic derangement not likely to operating a CMV in interstate commerce
to review 49 CFR 391.41(b)(8) and the recur; or by alcohol or illicit drug does not consider a driver’s actual
advisory criteria regarding individuals withdrawal. seizure history and time since the last
who have experienced a seizure and the • Examples of moderate-to-high-risk seizure. The Agency has decided to use
2007 Evidence Report. The Evidence factors for recurrence include seizures the 2007 MEP recommendations as the
Report and the MEP recommendations caused by non-penetrating head injury basis for evaluating applications for an
are published on-line at http:// with loss of consciousness or amnesia exemption from the seizure regulation
wreier-aviles on DSK5TPTVN1PROD with NOTICES
www.fmcsa.dot.gov/rules-regulations/ greater than 30 minutes or penetrating on an individual, case-by-case basis.
topics/mep/mep-reports.htm under head injury; intracerebral hemorrhage The disposition of applications
Seizure Disorders and are in the docket associated with a stroke or trauma; announced in this notice applies the
for this notice. In reaching the 2007 MEP recommendations.
1 Engel, J., Fisher, R.S., Krauss, G.L., Krumholz,
determination to grant or deny
exemption requests for individuals who A., and Quigg, M.S., ‘‘Expert Panel Denials and Reasons
Recommendations: Seizure Disorders and
have experienced a seizure, the Agency Commercial Motor Vehicle Driver Safety,’’ FMCSA, • The following driver was listed
considered both current medical October 15, 2007. previously in Federal Register Notice
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Richard A. Frazier, Jr.—Mr. Frazier (HOS) record of duty status (RODS) the docket identified at the beginning of
has a history of an episode of loss of requirement to enter a change in duty this notice. The 2012 application
consciousness in 2013. He takes anti- status on the daily log for breaks in describes fully the nature of Trailways’
seizure medication. He does not meet driving time of 10 minutes or less, for operations. On May 31, 2013, FMCSA
the MEP guidelines at this time. the limited purpose of picking up or granted the exemption to Trailways and
Emanuel Villegas—Mr. Villegas has a dropping off passengers, baggage, or all other regular route passenger carriers
history of seizures. His last seizure was small express packages. FMCSA and their drivers for the period from
in 2013. He takes anti-seizure extended the exemption to all regular- May 31, 2013, through May 31, 2015
medication. He does not meet the MEP route passenger carriers and their (78 FR 32701).
guidelines at this time. drivers rather than limiting it to Trailways’ application for a renewal
• The following drivers were listed Trailways’ drivers. The renewal of the of the exemption is for fixed-route
previously in Federal Register Notice exemption will allow these drivers to carriers and their drivers who are often
FMCSA–2014–0382 published on April perform their daily duties without away from the controls of the vehicle for
13, 2015. having to record entries in the daily log less than 10 minutes to assist passengers
Cody A. Baker—Mr. Baker has a for breaks in driving time of 10 minutes or make passenger pick-ups and drop-
history of a seizure disorder. His last or less. Such activity will not be offs along the route. Trailways’ advised
seizure was in 2010. He takes anti- considered a change of duty status for that, until March 2011, they and other
seizure medication. He does not meet the purposes of 49 CFR 395.8(c). motor carriers had been operating in
the MEP guidelines at this time. DATES: This exemption is effective from
accordance with a 1996 interpretation of
Glenn M. Gervais—Mr. Gervais has a May 31, 2015 through May 31, 2017. 49 CFR 395.8(c) issued by the Federal
history of a seizure disorder. His last Highway Administration (FHWA). The
FOR FURTHER INFORMATION CONTACT: Mrs.
seizure was in 2011. He takes anti- 1996 interpretation allowed regular-
Pearlie Robinson, FMCSA Driver and route passenger carrier CMV drivers not
seizure medication. He does not meet Carrier Operations Division; Office of
the MEP guidelines at this time. to record a location entry on the driver’s
Carrier, Driver and Vehicle Safety RODS for non-driving periods of less
Robert I. Keene, Jr.—Mr. Keene has a Standards; Telephone: 202–366–4325,
history of a seizure disorder. His last than 10 minutes. The RODS simply
Email: MCPSD@dot.gov, Federal Motor showed the stop as driving time. In
seizure was in 2012. He takes anti- Carrier Safety Administration, 1200
seizure medication. He does not meet March 2011, New York State officials
New Jersey Avenue SE., Washington, began enforcing the rule literally,
the MEP guidelines at this time. DC 20590–0001.
Larry T. Lintelman—Mr. Lintelman requiring that a change in duty status be
Docket: For access to the docket to entered on the log any time the driver
has a history of a seizure disorder. His read background documents or
last seizure was in 2011. He takes anti- leaves the operating controls of the
comments submitted to the notice CMV. Trailways was concerned that the
seizure medication. He does not meet requesting public comments on the
the MEP guidelines at this time. violations would have a negative effect
exemption application, go to on the companies’ and the drivers’
Robert R. Rosebrough, Jr.—Mr. www.regulations.gov at any time or visit
Rosebrough has a history of epilepsy. Compliance Safety Accountability
Room W12–140 on the ground level of ratings, as well as schedules and
His last seizure was in 2014. He takes the West Building, 1200 New Jersey
anti-seizure medication. He does not passenger service because of the delays
Avenue SE., Washington, DC, between 9 needed to make the entries.
meet the MEP guidelines at this time. a.m. and 5 p.m., ET, Monday through Trailways requested that their drivers
Issued on: May 22, 2015. Friday, except Federal holidays. The on- with regularly scheduled routes be
Larry W. Minor, line Federal document management exempted from changing their duty
Associate Administrator for Policy. system is available 24 hours each day, status from ‘‘driving’’ to ‘‘on-duty not
[FR Doc. 2015–13657 Filed 6–3–15; 8:45 am]
365 days each year. The docket number driving’’ when making stops of less than
is listed at the beginning of this notice. 10 minutes.
BILLING CODE 4910–EX–P
SUPPLEMENTARY INFORMATION: Trailways noted that the exemption
would reduce the amount of total time
Trailways Application for Exemption a driver can drive in a duty period.
DEPARTMENT OF TRANSPORTATION
The HOS rule in 49 CFR 395.8 Without the exemption, the times
Federal Motor Carrier Safety requires every commercial motor drivers spend at stops to load
Administration vehicle (CMV) driver to record his or passengers, freight, etc. would be logged
her duty status for each 24-hour period as on-duty/not driving, increasing the
[Docket No. FMCSA–2012–0268] using methods described in that section. driving time available, but creating an
Hours of Service of Drivers: Trailways Section 395.8(c) describes the manner in additional administrative distraction
Companies Application for Exemption which each change of duty status must every time the driver leaves the
Renewal be recorded. Under 49 U.S.C. 31315 and controls, regardless of the reason or the
31136(e), FMCSA may grant an limited amount of time away from the
AGENCY: Federal Motor Carrier Safety exemption from the HOS requirements vehicle controls. Trailways further
Administration (FMCSA), DOT. for up to 2 years if it finds such advised that its carriers provide flag
ACTION: Notice of final disposition; grant exemption would likely achieve a level stops and that having to update the log
of application for exemption. of safety that is equivalent to, or greater at each flag stop increases the length of
wreier-aviles on DSK5TPTVN1PROD with NOTICES
than, the level that would be achieved time the motorcoach may delay traffic
SUMMARY: FMCSA announces its absent such exemption. The procedures while waiting for the pick-up and/or
decision to grant Adirondack Trailways, for requesting an exemption (including discharge of passengers and luggage,
Pine Hill Trailways, New York renewals) are prescribed in 49 CFR part and then waiting for the driver to
Trailways (‘‘Trailways’’) and all other 381. update the log. According to Trailways,
regular-route passenger carriers and Trailways’ initial application for relief in many instances the large number of
their drivers a renewal of their from the HOS RODs rule was submitted brief stops will not fit on the log if the
exemption from the hours-of-service in 2012; a copy of the application is in driver makes all of the required entries.
VerDate Sep<11>2014 15:33 Jun 03, 2015 Jkt 235001 PO 00000 Frm 00076 Fmt 4703 Sfmt 4703 E:\FR\FM\04JNN1.SGM 04JNN1](https://thefederalregister.org/doc/80_FR_32065/page/4.svg)
Document Created: 2015-12-15 15:23:49
Document Modified: 2015-12-15 15:23:49
| 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 denial of applications for seizure exemptions. | |
| Contact | Charles A. Horan, III, Director, Office of Carrier, Driver and Vehicle Safety, (202) 366-4001, or via email at [email protected], or by letter to 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. | |
| FR Citation | 80 FR 31958 |
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