[Federal Register Volume 72, Number 153 (Thursday, August 9, 2007)]
[Notices]
[Pages 44916-44918]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-15495]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2006-25854]


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 nine individuals 
for an exemption from the prohibition against persons with a clinical 
diagnosis of epilepsy (or any other condition which is likely to cause 
a loss of consciousness or any loss of ability to operate a commercial 
motor vehicle (CMV)) from operating CMVs in interstate commerce. If 
granted, the exemptions would enable these individuals with seizure 
disorders to operate CMVs in interstate commerce.

DATES: Comments must be received on or before September 10, 2007.

ADDRESSES: You may submit comments identified by Department of 
Transportation (DOT) Docket Management System (DMS) Docket Number 
FMCSA-2006-25854 using any of the following methods:
     Web Site: http://dmses.dot.gov. Follow the instructions 
for submitting comments on the DOT electronic docket site.
     Fax: 1-202-493-2251.
     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: 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.
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the on-line instructions for submitting 
comments.
    Instructions: All submissions must include the Agency name and 
docket number for this notice. Note that all comments received will be 
posted without change to http://dms.dot.gov, including any personal 
information provided. Please see the Privacy Act heading below.
    Docket: For access to the docket to read background documents or 
comments received, go to http://dms.dot.gov at any time or Room W12-

[[Page 44917]]

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 DMS is available 24 hours each day, 365 
days each year. If you want acknowledgment that we received your 
comments, please include a self-addressed, stamped envelope or postcard 
or print the acknowledgement page that appears after submitting 
comments on-line.
    Privacy Act: Anyone may search the electronic form of all comments 
received into any of our dockets by the name of the individual 
submitting the comment (or of the person signing the comment, if 
submitted on behalf of an association, business, labor union, etc.). 
You may review the DOT's complete Privacy Act Statement in the Federal 
Register published on April 11, 2000 (65 FR 19477; April 11, 2000). 
This information is also available at http://dms.dot.gov.

FOR FURTHER INFORMATION CONTACT: Dr. Mary D. Gunnels, Chief, Physical 
Qualifications Division, (202) 366-4001, [email protected], FMCSA, 
Room W64-224, 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 statute also allows the 
Agency to renew exemptions at the end of the 2-year period. The nine 
individuals listed in this notice have recently requested an exemption 
from the epilepsy prohibition in 49 CFR 391.41(b)(8), which applies to 
drivers who operate CMVs as defined in 49 CFR 390.5, in interstate 
commerce. Section 391.41(b)(8) states that a person is physically 
qualified to drive a commercial motor vehicle if that person has no 
established medical history or clinical diagnosis of epilepsy or any 
other condition which is likely to cause the loss of consciousness, or 
any loss of ability to control a commercial motor vehicle.
    FMCSA provides medical advisory criteria and guidelines for use by 
medical examiners in determining whether drivers with certain medical 
conditions should be certified to operate CMVs in interstate commerce. 
Currently, FMCSA's medical advisory criteria and guidelines include a 
recommendation that individuals diagnosed with epilepsy and taking 
anticonvulsant medication to reduce the likelihood of seizures are at 
high risk for further episodes and should not be considered for medical 
certification. Individuals diagnosed with epilepsy and taking 
anticonvulsant medication which helps them control their seizures may 
be at low risk of having a seizure. However, CMV drivers are exposed to 
conditions which place them at increased risk for loss of consciousness 
and therefore increased risk for seizure occurrence, for example, 
obtaining or replacing anti-seizure medication if their medications are 
lost or forgotten. This would place such drivers at some increased risk 
of seizures. These individuals should not be authorized to drive 
commercial vehicles. Drivers diagnosed with epilepsy, seizure-free and 
off medication for 10 years may be medically certified to operate CMVs.
    FMCSA further recommends that individuals who experience a single 
unprovoked seizure, but who do not have epilepsy, per se, are clearly 
at a higher risk than the general population to have further seizures. 
Individuals with a single unprovoked seizure, seizure-free for a 5-year 
period and off medication, should not be restricted from obtaining a 
license to operate a CMV. The history of the occurrence of febrile 
seizures in childhood should not be a restriction to licensing to 
operate a CMV. Seizures, in the context of a systemic metabolic 
dysfunction, should not be a primary reason for restriction from 
medical certification to operate a CMV. Any restriction should be based 
upon the risk of recurrence of the primary condition. There are several 
conditions in which the risk for unprovoked seizures is sufficiently 
high, even in the absence of the occurrence of acute seizures, that 
medical certification should be restricted for variable periods 
following these incidents (head injury, surgical procedures involving 
dural penetration, cerebrovascular disease and infections of the 
central nervous system).

Summary of Application

David L. Basso

    Mr. Basso is a route sales truck driver who delivers to local 
grocery and convenience stores. He states that he has a clinical 
diagnosis of epilepsy and is currently taking anti-seizure medication. 
His doctor certified that he has been seizure-free for seventeen years 
on his current dose of medication. Mr. Basso believes that he would 
achieve a level of safety that is equivalent to the level of safety 
obtained by complying with the regulation because he has remained 
seizure-free since 1990.

Halliard V. Brown

    Mr. Brown is a store delivery driver whose company is requesting 
that he should have a federal exemption due to his seizure disorder. He 
states that he has no clinical diagnosis of epilepsy and has had all 
necessary testing done. His medical examiner certified that he has been 
seizure-free for three years on his current dose of medication.
    Mr. Brown currently has a State waiver from Ohio, continues to 
drive in Ohio and has been crash-free for the past five years.

Aaron Gillette

    Mr. Gillette is a CMV driver who is presently disqualified to 
perform his duties because of the anti-seizure medication he is taking. 
He has had three seizures within the past two years. His doctor 
certified that he has a history of idiopathic epilepsy that is 
currently controlled on Lamictal monotherapy; he also noted that Mr. 
Gillette is approximately 8 to 9 months seizure-free and is compliant 
on medications. Mr. Gillette believes that he would achieve a level of 
safety that is equivalent to the level of safety obtained by complying 
with the regulation because he has remained seizure-free.

David P. Losh

    Mr. Losh is a CMV driver who has driven in the state of Ohio for 
over 10 years. At the age of 5 years, he contracted spinal meningitis 
which eventually led to epileptic seizures beginning at age 9. Mr. Losh 
underwent experimental surgery in 1991 to remove the focal point 
(cause) of the seizures. He was licensed to operate a CMV in 1995 and 
granted an intrastate waiver for his seizure disorder. He has had one 
seizure since the surgery, on October 16, 1996; he was not taking his 
medication (Dilantin) at that time. His license was suspended for 6 
months due to this incident; he has since resumed taking his 
medication. Mr. Losh has been seizure-free and crash-free for about 10 
years now.

Dorothy R. Pokornowski

    Ms. Pokornowski is a CMV driver in the State of Minnesota. She was 
diagnosed with epilepsy at age 22. Her doctor certified that she has 
been stable with no seizure activity on medication since 1985. Her 
doctor also stated that her anti-seizure medication was changed from 
Phenobarbital to Topimax in 2006 due to concerns for osteoporosis

[[Page 44918]]

and fatigue. Ms. Pokornowski has been seizure-free and crash-free for 
the past twelve years. She believes that she would achieve a level of 
safety that is equivalent to the level of safety obtained by complying 
with the regulation because she continues to take her medication as 
directed by her doctor and also gets her blood levels checked every 
year.

Brian J. Porter

    Mr. Porter is a CMV driver who states that he has been driving in 
the east coast for about 10 years. His neurologist states that he has a 
history of seizures but has not had any in the past 20 years. He is 
currently taking Dilantin and Phenobarbital (anti-seizure medications).

Daniel L. Pulse

    Mr. Pulse is a route sales representative with a history of 
seizures as a child following a head injury. His doctor states that he 
has a history of seizures but has not had any since 1996. He is 
currently taking Dilantin (anti-seizure medication). Mr. Pulse states 
that he has no clinical diagnosis of epilepsy and the medical tests 
performed by his neurologist on December 12, 2004, certify that ``This 
is an overall normal electroencephalogram. No epileptiform activity is 
noted''. Mr. Pulse has been crash-free for over 30 years. He holds a 
Class B Commercial Driver's License (CDL) from Iowa.

Michael W. Thomas

    Mr. Thomas is a driver who was diagnosed with seizure disorder in 
1987. His doctor certified he has been seizure-free for over 20 years. 
He is currently taking Tegretol (anti-seizure medication). His doctor 
certified that he is very compliant with his treatment and he can 
safely operate any CMV he is qualified to drive. Mr. Thomas currently 
has a State waiver from Kansas, continues to drive in Kansas and has 
been crash-free throughout his commercial driving career. He holds a 
Class A CDL from New York. Mr. Thomas believes that he would achieve a 
level of safety that is equivalent to the level of safety obtained by 
complying with the regulation because he has remained seizure-free for 
over 20 years through stringent medical compliance using the same 
medication and dosage.

Jay A. Whitehead

    Mr. Whitehead is a motor equipment mechanic who works on CMVs. He 
was diagnosed with epilepsy in 1979 and has used medication since then. 
He is currently taking Dilantin (anti-seizure medication) and has been 
on this medication for more than 10 years now. In the past 10 years, he 
has not had any seizures or loss of consciousness. Following an annual 
physical examination in 2006, his doctor certified that his seizure 
disorder is stable and he has no seizure activity; she also recommended 
that he should continue to take Dilantin and Omeprazole (anti-seizure 
medications). Mr. Whitehead stated that he would be operating a variety 
of CMVs after repairing them and that the actual time spent driving 
would be less than 10% of his 8 hour work day. He holds a Class B CDL 
from New York.

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 application 
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: August 2, 2007.
Larry W. Minor,
Associate Administrator for Policy and Program Development.
[FR Doc. E7-15495 Filed 8-8-07; 8:45 am]
BILLING CODE 4910-EX-P