80 FR 57036 - Qualification of Drivers; Exemption Applications; Epilepsy and Seizure Disorders

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration

Federal Register Volume 80, Issue 182 (September 21, 2015)

Page Range		57036-57038
FR Document		2015-23590

FMCSA announces receipt of applications from 8 individuals for an exemption from the prohibition 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 operate a commercial motor vehicle (CMV) 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 up to 2 years in interstate commerce.

Federal Register, Volume 80 Issue 182 (Monday, September 21, 2015)

[Federal Register Volume 80, Number 182 (Monday, September 21, 2015)]
[Notices]
[Pages 57036-57038]
From the Federal Register Online [www.thefederalregister.org]
[FR Doc No: 2015-23590]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2015-0118]

Qualification of Drivers; Exemption Applications; Epilepsy and
Seizure Disorders

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

ACTION: Notice of applications for exemptions; request for comments.

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SUMMARY: FMCSA announces receipt of applications from 8 individuals for
an exemption from the prohibition 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 operate a commercial
motor vehicle (CMV) 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

[[Page 57037]]

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 up to 2 years in interstate
commerce.

DATES: Comments must be received on or before October 21, 2015.

ADDRESSES: You may submit comments bearing the Federal Docket
Management System (FDMS) Docket ID FMCSA-2015-0118 using any of the
following methods:
Federal eRulemaking Portal: Go to 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 or Courier: 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 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 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: 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 records notice (DOT/ALL-14 FDMS), which can be reviewed at
www.dot.gov/privacy.

FOR FURTHER INFORMATION CONTACT: Charles A. Horan, III, Director,
Office of Carrier, Driver and Vehicle Safety, (202) 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 up to 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 8 individuals listed in this notice have 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 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.
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 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 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 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 5-year period or more.

Submitting Comments

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 http://www.regulations.gov and in the
search box insert the docket number ``FMCSA-2015-0118'' and click the
search button. When the new screen appears, click on the blue ``Comment
Now!'' button on the right hand side of the page. On the new page,
enter information required including the specific section of this
document to which each comment applies, and provide a reason for each
suggestion or recommendation. 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.
We will consider all comments and material received during the
comment period and may change this proposed rule based on your
comments. FMCSA may issue a final rule at any time after the close of
the comment period.

Viewing Comments and Documents

To view comments, as well as any documents mentioned in this
preamble, To submit your comment online, go to http://www.regulations.gov and in the search box insert the docket number
``FMCSA-2015-0118'' and click ``Search.'' Next, click ``Open Docket
Folder'' and you will find all documents and comments related to the
proposed rulemaking.

[[Page 57038]]

Summary of Applications

Joshua Alan Abel

Mr. Abel is a 53 year-old driver in Maryland. He has a history of a
seizure disorder and has remained seizure free since 2000. 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. Abel receiving
an exemption.

Ricky B. Alegre

Mr. Alegre is a 29 year-old class B CDL holder in New Jersey. He
has a history of a single provoked seizure in 2014. 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. Alegre receiving
an exemption.

James E. Blosse, Jr.

Mr. Blosse is a 50 year-old driver in Virginia. He has a history of
a seizure disorder and has remained seizure free since 2000. 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. Blosse
receiving an exemption.

Jeremy H. Fryburg

Mr. Fryburg is a 30 year-old driver in Pennsylvania. He has a
history of epilepsy and has remained seizure free since 2004. 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. Fryburg
receiving an exemption.

Michael Todd Hill

Mr. Hill is a 50 year-old driver in Texas. He has a history of a
seizure disorder and has remained seizure free since 2013. 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. Hill receiving
an exemption.

Billy Ray Hunter

Mr. Hunter is a 29 year-old class A CDL holder in Kentucky. He has
a history of a seizure disorder and has remained seizure free since
2012. 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.
Hunter receiving an exemption.

Jonathan Robert Jones

Mr. Jones is a 42 year-old driver in Wisconsin. He has a history of
epilepsy and has remained seizure free since 2005. He takes anti-
seizure medication with the dosage and frequency remaining the same
since 2009. If granted the exemption, he would like to drive a CMV. His
physician states that he is supportive of Mr. Jones receiving an
exemption.

Anthony Edward Martens

Mr. Martens is a 44 year-old class B CDL holder in South Dakota. He
has a history of epilepsy and has remained seizure free since 1990. 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. Martens
receiving an 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: September 6, 2015.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2015-23590 Filed 9-18-15; 8:45 am]
BILLING CODE 4910-EX-P

57036 Federal Register / Vol. 80, No. 182 / Monday, September 21, 2015 / Notices

same since 2004. If granted the Michael R. Weymouth In accordance with 49 U.S.C.
exemption, he would like to drive a Mr. Weymouth is a 48 year-old class 31315(b)(1), each exemption will be
CMV. His physician states that he is A CDL holder in New Hampshire. He valid for 2 years, with annual
supportive of Mr. Boogay receiving an has a history of a seizure disorder and recertification required unless revoked
exemption. has remained seizure free since 1986. earlier by FMCSA. The exemption will
He takes anti-seizure medication with be revoked if the following occurs: (1)
Ronald Francis Bohr The person fails to comply with the
the dosage and frequency remaining the
Mr. Bohr is a 59 year-old class A CDL same since 2010. If granted an terms and conditions of the exemption;
holder in Iowa. He has a history of a exemption, he would like to drive a (2) the exemption has resulted in a
seizure disorder and has remained CMV. His physician states that he is lower level of safety than was
supportive of Mr. Weymouth receiving maintained prior to being granted; or (3)
seizure free since 1996. He takes anti-
an exemption. continuation of the exemption would
seizure medication with the dosage and
not be consistent with the goals and
frequency remaining the same since that Everet Thomas Wright objectives of 49 U.S.C. 31136 and 31315.
time. If granted the exemption, he
Mr. Wright is a 67 year-old driver in FMCSA exempts the following 9
would like to drive a CMV. His
Kentucky. He has a history of a seizure drivers for a period of 2 years with
physician states that he is supportive of annual medical certification required:
disorder and has remained seizure free
Mr. Bohr receiving an exemption. since 2002. He takes anti-seizure Robert Elmer Atkins (OR); Ronald
Earl Bernard Bomgaars medication with the dosage and Boogay (NJ); Ronald Francis Bohr (IA);
frequency remaining the same since Earl Bernard Bomgaars (IA); Teddy
Mr. Bomgaars is a 66 year-old class A 2013. If granted an exemption, he would Hugh Dixon (GA); John Griffith (ND);
CDL holder in Iowa. He has a history of like to drive a CMV. His physician states William Rainer, III (TX); Michael R.
epilepsy and has remained seizure free that he is supportive of Mr. Wright Weymouth (NH); and Everet Thomas
since 1963. He takes anti-seizure receiving an exemption. Wright (KY) from the prohibition of
medication with the dosage and CMV operations by persons with a
D. Comments
frequency remaining the same since that clinical diagnosis of epilepsy or
time. If granted the exemption, he In response to this notice, FMCSA seizures. If the exemption is still in
would like to drive a CMV. His received 4 comments. All commenters effect at the end of the 2-year period, the
physician states that he is supportive of were in support of commercial driving person may apply to FMCSA for a
Mr. Bomgaars receiving an exemption. for individuals with a history of seizure, renewal under procedures in effect at
who have been seizure free for over four that time.
Teddy Hugh Dixon or five years.
Issued on: September 8, 2015.
Mr. Dixon is a 54 year-old class A E. Basis for Exemption Larry W. Minor,
CDL holder in Georgia. He has a history Under 49 U.S.C. 31136(e) and Associate Administrator for Policy.
of a seizure disorder and has remained 31315(b), FMCSA may grant an [FR Doc. 2015–23595 Filed 9–18–15; 8:45 am]
seizure free since 2000. He takes anti- exemption from the epilepsy/seizure BILLING CODE 4910–EX–P
seizure medication with the dosage and standard in 49 CFR 391.41(b)(8) if the
frequency remaining the same since that exemption is likely to achieve an
time. If granted the exemption, he equivalent or greater level of safety than DEPARTMENT OF TRANSPORTATION
would like to drive a CMV. His would be achieved without the
physician states that he is supportive of exemption. Without the exemption, Federal Motor Carrier Safety
Mr. Dixon receiving an exemption. applicants will continue to be restricted Administration
to intrastate driving. With the
John Griffith [Docket No. FMCSA–2015–0118]
exemption, applicants can drive in
Mr. Griffith is a 43 year-old class A interstate commerce. Thus, the Agency’s Qualification of Drivers; Exemption
CDL holder in North Dakota. He has a analysis focuses on whether an equal or Applications; Epilepsy and Seizure
history of a seizure disorder and has greater level of safety is likely to be Disorders
remained seizure free since 1980. He achieved by permitting each of these
drivers to drive in interstate commerce AGENCY: Federal Motor Carrier Safety
takes anti-seizure medication with the
as opposed to restricting the driver to Administration (FMCSA), DOT.
dosage and frequency remaining the
same since that time. If granted the driving in intrastate commerce. ACTION: Notice of applications for
exemption, he would like to drive a Conclusion exemptions; request for comments.
CMV. His physician states that he is The Agency is granting exemptions SUMMARY: FMCSA announces receipt of
supportive of Mr. Griffith receiving an from the epilepsy standard, 49 CFR applications from 8 individuals for an
exemption. 391.41(b)(8), to 9 individuals based on exemption from the prohibition against
William Rainer, III a thorough evaluation of each driver’s persons with a clinical diagnosis of
safety experience and medical epilepsy or any other condition that is
Mr. Rainer is a 41 year-old driver in condition. Safety analysis of likely to cause a loss of consciousness
Texas. He has a history of epilepsy and information relating to these 9 or any loss of ability to operate a
has remained seizure free since 2006. applicants meets the burden of showing commercial motor vehicle (CMV) in
rmajette on DSK7SPTVN1PROD with NOTICES

He takes anti-seizure medication with that granting the exemptions would interstate commerce. The regulation and
the dosage and frequency remaining the achieve a level of safety that is the associated advisory criteria
same since that time. If granted the equivalent to or greater than the level published in the Code of Federal
exemption, he would like to drive a that would be achieved without the Regulations as the ‘‘Instructions for
CMV. His physician states that he is exemption. By granting the exemptions, Performing and Recording Physical
supportive of Mr. Rainer receiving an the interstate CMV industry will gain 9 Examinations’’ have resulted in
exemption. highly trained and experienced drivers. numerous drivers being prohibited from

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Document Created: 2015-12-15 09:38:51
Document Modified: 2015-12-15 09:38:51

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 applications for exemptions; request for comments.
Dates		Comments must be received on or before October 21, 2015.
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 57036

80 FR 57036 - Qualification of Drivers; Exemption Applications; Epilepsy and Seizure Disorders

DEPARTMENT OF TRANSPORTATIONFederal Motor Carrier Safety Administration

Federal Register Volume 80, Issue 182 (September 21, 2015)

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration