[Federal Register Volume 73, Number 238 (Wednesday, December 10, 2008)]
[Notices]
[Pages 75165-75167]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-29188]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2008-0355]


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 fifteen 
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 January 9, 2009.

ADDRESSES: You may submit comments bearing the Federal Docket 
Management System (FDMS) Docket ID FMCSA-2008-0355 using any of the 
following methods:
     Federal eRulemaking Portal: Go to http://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: 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 http://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 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., 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 acknowledgment 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 19477-78; Apr. 11, 2000). 
This information is also available at http://Docketinfo.dot.gov.

FOR FURTHER INFORMATION CONTACT: Dr. Mary D. Gunnels, Director, Medical 
Programs, (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 statutes also allow the 
Agency to renew exemptions at the end of the 2-year period. The fifteen 
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 for use by medical 
examiners in determining whether drivers with certain medical 
conditions should be certified to operate commercial motor vehicles in 
intrastate commerce. The advisory criteria indicates that if an 
individual has had a sudden episode of a nonepileptic seizure or loss 
of consciousness of unknown cause which did not require antiseizure 
medication, the decision whether that person's condition is likely to 
cause the loss of consciousness or loss of ability to control a 
commercial motor vehicle 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 antiseizure 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 fully recovered from that 
condition, has no existing residual complications, and is not taking 
antiseizure medication.
    Drivers with a history of epilepsy/seizures off antiseizure 
medication and seizure-free for 10 years may be qualified to operate a 
CMV in interstate

[[Page 75166]]

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 antiseizure medication for a 5-year period or 
more.

Summary of Application

Daniel Beeson

    Mr. Beeson is a CMV driver in the state of Indiana. He was 
diagnosed with epilepsy in 1988, and is currently taking anti-seizure 
medication (Dilantin). He was put on Dilantin when first diagnosed and 
has been on it ever since. His neurologist certified that he has 
maintained good medication control and is monitored frequently for 
Dilantin levels. Mr. Beeson 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 on anti-
seizure medication for 17 years.

Terrance W. Clawson

    Mr. Clawson is a CMV driver in the state of West Virginia. He 
states that he was diagnosed with epilepsy in 1970 and has been off 
anti-seizure medication since 2002. His neurologist certified that he 
has been seizure-free for thirty-four years and is clearly safe to 
drive. Mr. Clawson 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 35 years and 
has been off anti-seizure medication since 2002.

John M. Dobrowlski

    Mr. Dobrowlski is a CMV driver in the state of Delaware. He states 
that he has a seizure disorder and is currently taking anti-seizure 
medication (Keppra). His doctor certified that he has been seizure-free 
for twenty-two years on his current dose of medication. Mr. Dobrowlski 
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 1985 and has an excellent driving 
record. Mr. Dobrowlski currently has a state waiver from Delaware.

Daniel Forth

    Mr. Forth is a CMV driver in the state of New York. He was 
diagnosed with seizure disorder in 1979 disorder, and is currently 
taking anti-seizure medication (Tergretol). His doctor certified that 
he has been seizure-free for 27 years on his current dose of 
medication. Mr. Forth 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 maintained good medication control and 
has remained seizure-free for 28 years.

Garry A. Gantle

    Mr. Gantle is a CMV driver in the state of New York. He was 
diagnosed with epilepsy in 1980 and is currently taking anti-seizure 
medication (Zonegran). His neurologist certified that his seizure is 
well controlled. Mr. Gantle 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 on anti-
seizure medication for 8 years.

Steve L. Hunsaker

    Mr. Hunsaker is a CMV driver in the state of Idaho. He has a 
history of nocturnal seizures and is currently taking anti-seizure 
medication (Dilantin). His doctor certified that he has been seizure-
free for eighteen years on his current dose of medication. Mr. Hunsaker 
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 maintained good medication control and has remained seizure-free 
for 18 years.

Eric Jedrewski

    Mr. Jedrewski is a CMV driver in the state of Ohio. He was 
diagnosed with epilepsy in 1972, and is currently taking anti-seizure 
medication (Dilantin and Phenobarbital). His neurologist certified that 
he is extremely stable and there is no need for restrictions in any 
potential job duties. Mr. Jedrewski 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 on 
anti-seizure medication for 32 years.

Shane Klementis

    Mr. Klementis is a CMV driver in the state of New York. He was 
diagnosed with epilepsy in 1982 and is currently taking anti-seizure 
medication (Dilantin). His neurologist certified that his seizure 
disorder is well controlled. Mr. Klementis 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 on anti-seizure medication for 17 years.

Humberto Ortiz

    Mr. Ortiz is an electrician in the state of Illinois. He was 
diagnosed with epilepsy in 2001 and is currently taking anti-seizure 
medication (Topamax). His neurologist certified that his seizure 
disorder is well controlled. Mr. Ortiz 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 on 
anti-seizure medication for 7 years.

Austin Prince, Jr.

    Mr. Prince is a CMV driver in the state of Ohio. He was diagnosed 
with epilepsy in 1974 and is currently taking anti-seizure medication 
(Dilantin). His neurologist certified that he has been under good 
control and continues to follow up for frequent monitoring of Dilantin 
levels; he also states that Mr. Prince is safe to drive commercially. 
Mr. Prince 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 on anti-seizure 
medication for 16 years.

Jerry L. Reeder

    Mr. Reeder is a CMV driver in the state of Texas. He was diagnosed 
with epilepsy in 1994 and is currently taking anti-seizure medication 
(Carbamazepine). His neurologist certified that he has not had a 
seizure since 1998 and has maintained good compliance with taking the 
medication. Mr. Reeder 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 on anti-seizure 
medication for 10 years.

Scott M. Rohlinger

    Mr. Rohlinger is a CMV driver in the state of Wisconsin. He was 
diagnosed in 1987 and took anti-seizure medication (Dilantin) for 
twenty one years. Twenty years ago, Mr. Rohlinger was involved in a 
motor vehicle accident that was linked to a possible seizure episode. 
His doctor certified that there were no seizure experiences prior to 
that, or following that event. Mr. Rohlinger 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 21 years. His doctor has certified that he may have 
never experienced a seizure.

Anthony Ross

    Mr. Ross is a CMV driver in the state of Illinois, trying to 
acquire a CDL. He has a history of nocturnal seizures; diagnosed in 
2001. He is currently on anti-seizure medication (Dilantin). According 
to his neurologist, his last

[[Page 75167]]

seizure was in 2004. Mr. Ross believes that he would achieve a level of 
safety that is equivalent to the level of safety obtained by complying 
with the regulation because his seizure disorder is well controlled 
with his current medication. His doctor certified that while on 
medication, he is medically fit to drive.

Travis Williams

    Mr. Williams is a CMV driver in the state of Louisiana. He was 
diagnosed with epilepsy in 1996 and is currently taking anti-seizure 
medication (Depakote). His neurologist certified that his seizure 
disorder is well controlled. Mr. Williams 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 on anti-seizure medication for 12 years.

John B. Yates

    Mr. Yates is a CMV driver in the state of West Virginia. He has a 
history of seizures diagnosed in 1976. He is currently on anti-seizure 
medication (Depokota). According to his neurologist, his last seizure 
was in 1982. Mr. Yates 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 not had a seizure in 26 years while on 
medication.

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: December 3, 2008.
Larry W. Minor,
Associate Administrator for Policy and Program Development.
[FR Doc. E8-29188 Filed 12-9-08; 8:45 am]
BILLING CODE 4910-EX-P