82 FR 14104 - Qualification of Drivers; Exemption Applications; Epilepsy and Seizure Disorders

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration

Federal Register Volume 82, Issue 50 (March 16, 2017)

FMCSA announces receipt of applications from eight individuals for an exemption from the prohibition in the Federal Motor Carrier Safety Regulations (FMCSRs) against persons with a clinical diagnosis of epilepsy or any other condition that is likely to cause a loss of consciousness or any loss of ability to control a commercial motor vehicle (CMV) to drive in interstate commerce. If granted, the exemptions would enable these individuals who have had one or more seizures and are taking anti-seizure medication to operate CMVs in interstate commerce.

[Federal Register Volume 82, Number 50 (Thursday, March 16, 2017)]
[Notices]
[Pages 14104-14106]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-05256]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2016-0315]


Qualification of Drivers; Exemption Applications; Epilepsy and 
Seizure Disorders

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

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

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SUMMARY: FMCSA announces receipt of applications from eight individuals 
for an exemption from the prohibition in the Federal Motor Carrier 
Safety Regulations (FMCSRs) against persons with a clinical diagnosis 
of epilepsy or any other condition that is likely to cause a loss of 
consciousness or any loss of ability to control a commercial motor 
vehicle (CMV) to drive in interstate commerce. If granted, the 
exemptions would enable these individuals who have had one or more 
seizures and are taking anti-seizure medication to operate CMVs in 
interstate commerce.

DATES: Comments must be received on or before April 17, 2017.

ADDRESSES: You may submit comments bearing the Federal Docket 
Management System (FDMS) Docket No. FMCSA-2016-0315 using any of the 
following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the online instructions for submitting 
comments.
     Mail: Docket Management Facility; U.S. Department of 
Transportation, 1200 New Jersey Avenue SE., West Building Ground Floor, 
Room W12-140, Washington, DC 20590-0001.
     Hand Delivery: West Building Ground Floor, Room W12-140, 
1200 New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., 
e.t., Monday through Friday, except Federal Holidays.
     Fax: 1-202-493-2251.
    Instructions: Each submission must include the Agency name and the 
docket number(s) for this notice. Note that all comments received will 
be posted without change to http://www.regulations.gov, including any 
personal information provided. Please see the Privacy Act heading below 
for further information.
    Docket: For access to the docket to read background documents or 
comments, go to http://www.regulations.gov at any time or Room W12-140 
on the ground level of the West Building, 1200 New Jersey Avenue SE., 
Washington, DC, between 9 a.m. and 5 p.m., e.t., 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 online.
    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 http://www.regulations.gov as described in 
the system records notice (DOT/ALL-14 FDMS), which can be reviewed at 
http://www.dot.gov/privacy.

FOR FURTHER INFORMATION CONTACT: Ms. Christine A. Hydock, Chief, 
Medical Programs Division, (202) 366-4001, [email protected], FMCSA, 
Department of Transportation, 1200 New Jersey Avenue SE., Room W64-224, 
Washington, DC 20590-0001. Office hours are 8:30 a.m. to 5 p.m., e.t., 
Monday through Friday, except Federal holidays. If you have questions 
regarding viewing or submitting material to the docket, contact Docket 
Services, telephone (202) 366-9826.

SUPPLEMENTARY INFORMATION: 

I. Background

    Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption 
from the FMCSRs for a two-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 
two-year period.
    The eight individuals listed in this notice have requested an 
exemption from the epilepsy prohibition in 49 CFR 391.41(b)(8). 
Accordingly, the Agency will evaluate the qualifications of each 
applicant to determine whether granting the exemption will achieve the 
required level of safety mandated by statute.
    The physical qualification standard for drivers regarding epilepsy 
found in 49 CFR 391.41(b)(8) states that a person is physically 
qualified to drive a CMV if that person:

    Has no established medical history or clinical diagnosis of 
epilepsy or any other condition which is likely to cause the loss of 
consciousness or any loss of ability to control a CMV.

[[Page 14105]]

    In addition to the regulations, FMCSA has published advisory 
criteria \1\ to assist Medical Examiners in determining whether drivers 
with certain medical conditions are qualified to operate a CMV in 
interstate commerce. [49 CFR part 391, APPENDIX A TO PART 391--MEDICAL 
ADVISORY CRITERIA, section H. Epilepsy: Sec.  391.41(b)(8), paragraphs 
3, 4, and 5.]
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    \1\ See http://www.ecfr.gov/cgi-bin/text-idx?SID=e47b48a9ea42dd67d999246e23d97970&mc=true&node=pt49.5.391&rgn=div5#ap49.5.391_171.a and https://www.thefederalregister.org/fdsys/pkg/CFR-2015-title49-vol5/pdf/CFR-2015-title49-vol5-part391-appA.pdf.
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    The advisory criteria state the following:

    If an individual has had a sudden episode of a non-epileptic 
seizure or loss of consciousness of unknown cause that did not 
require anti-seizure medication, the decision whether that person's 
condition is likely to cause the loss of consciousness or loss of 
ability to control a CMV should be made on an individual basis by 
the Medical Examiner in consultation with the treating physician. 
Prior to considering certification, it is suggested there be a six-
month waiting period from the time of the episode. Following the 
waiting period, it is suggested that the individual undergo a 
complete neurological examination. If the results of the examination 
are negative and anti-seizure medication is not required, 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 who have 
had a single unprovoked seizure may be qualified to drive a CMV in 
interstate commerce if seizure-free and off anti-seizure medication 
for five years or more.
    As a result of Medical Examiners misinterpreting advisory 
criteria as regulation, numerous drivers have been prohibited from 
operating a CMV in interstate commerce based on the fact that they 
have had one or more seizures and are taking anti-seizure 
medication, rather than an individual analysis of their 
circumstances by a qualified Medical Examiner based on the physical 
qualification standards and medical best practices.
    On January 15, 2013, in a Notice of Final Disposition entitled, 
``Qualification of Drivers; Exemption Applications; Epilepsy and 
Seizure Disorders,'' (78 FR 3069), FMCSA announced its decision to 
grant requests from 22 individuals for exemptions from the 
regulatory requirement that interstate CMV drivers have ``no 
established medical history or clinical diagnosis of epilepsy or any 
other condition which is likely to cause loss of consciousness or 
any loss of ability to control a CMV.'' Since the January 15, 2013 
notice, the Agency has published additional notices granting 
requests from individuals for exemptions from the regulatory 
requirement regarding epilepsy found in 49 CFR 391.41(b)(8).
    To be considered for an exemption from the epilepsy prohibition 
in 49 CFR 391.41(b)(8), applicants must meet the criteria in the 
2007 recommendations of the Agency's Medical Expert Panel (MEP) (78 
FR 3069).

II. Qualifications of Applicants

Brian Justin Brown

    Mr. Brown is a 37 year-old class A CDL holder in Pennsylvania. He 
has a history of a seizure disorder and his last seizure was October 
2008. He takes anti-seizure medication with the dosage and frequency 
remaining the same since that time. His physician states that he is 
supportive of Mr. Brown receiving an exemption.

Adam Cutler

    Mr. Cutler is a 24 year-old driver in Maine. He has a history of 
epilepsy and his last seizure was in 2008. He takes anti-seizure 
medication with the dosage and frequency remaining the same since that 
time. His physician states that he is supportive of Mr. Cutler 
receiving an exemption.

Rick L. Gardener

    Mr. Gardener is a 58 year-old class A CDL holder in Wisconsin. He 
has a history of epilepsy and his last seizure was in 2004. He takes 
anti-seizure medication with the dosage and frequency remaining the 
same since that time. His physician states that he is supportive of Mr. 
Gardener receiving an exemption.

Nathan J. Hanson

    Mr. Hanson is a 40 year-old driver in Wisconsin. He has a history 
of a seizure disorder and his last seizure was in 2006. He takes anti-
seizure medication with the dosage and frequency remaining the same 
since 2013. His physician states that he is supportive of Mr. Hanson 
receiving an exemption.

Larry Henington

    Mr. Henington is a 58 year-old driver in Utah. He has a history of 
a seizure disorder and his last seizure was in 2003. He takes anti-
seizure medication with the dosage and frequency remaining the same 
since that time. His physician states that he is supportive of Mr. 
Henington receiving an exemption.

Jason Speakman

    Mr. Speakman is a 37 year-old driver in Indiana. He has a history 
of a seizure disorder and his last seizure was in 1999. He takes anti-
seizure medication with the dosage and frequency remaining the same 
since that time. His physician states that he is supportive of Mr. 
Speakman receiving an exemption.

Robert Lee Sprouse Jr.

    Mr. Sprouse is a 55 year-old driver in Virginia. He has a history 
of a seizure disorder and his last seizure was in 2003. He takes anti-
seizure medication with the dosage and frequency remaining the same 
since 2014. His physician states that he is supportive of Mr. Sprouse 
receiving an exemption.

Aaron M. Witt

    Mr. Witt is a 44 year-old driver in Nebraska. He has a history of a 
seizure disorder and his last seizure was in 1991. He takes anti-
seizure medication with the dosage and frequency remaining the same 
since that time. His physician states that he is supportive of Mr. Witt 
receiving an exemption.

III. Request for Comments

    In accordance with 49 U.S.C. 31136(e) and 31315, FMCSA requests 
public comment from all interested persons on the exemption petitions 
described in this notice. We will consider all comments received before 
the close of business on the closing date indicated in the dates 
section of the notice.

IV. 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-2016-0315'' 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

[[Page 14106]]

like to know that they reached the facility, please enclose a stamped, 
self-addressed postcard or envelope.
    We will consider all comments and materials received during the 
comment period. FMCSA may issue a final determination any time after 
the close of the comment period.

V. Viewing Comments and Documents

    To view comments, as well as any documents mentioned in this 
preamble, go to http://www.regulations.gov and in the search box insert 
the docket number FMCSA-2016-0315 and click ``Search.'' Next, click 
``Open Docket Folder'' and you will find all documents and comments 
related to this notice.

    Issued on: March 9, 2017.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2017-05256 Filed 3-15-17; 8:45 am]
BILLING CODE 4910-EX-P