[Federal Register Volume 77, Number 40 (Wednesday, February 29, 2012)]
[Notices]
[Pages 12360-12361]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-4869]



[[Page 12360]]

-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2012-0050]


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.

-----------------------------------------------------------------------

SUMMARY: FMCSA announces receipt of applications from 5 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 March 30, 2012.

ADDRESSES: You may submit comments bearing the Federal Docket 
Management System (FDMS) Docket ID FMCSA-2012-0050 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 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 19477-78; Apr. 11, 2000). 
This information is also available at http://Docketinfo.dot.gov.

FOR FURTHER INFORMATION CONTACT: Elaine Papp, Chief, Medical Programs 
Division (202) 366-4001, or via email at [email protected], or by 
letter 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 also allow the 
Agency to renew exemptions at the end of the 2-year period. The five 
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 non-epileptic seizure or loss 
of consciousness of unknown cause which 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 fully recovered from that 
condition, has no existing residual complications, and is not taking 
anti-seizure medication. Drivers with 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.

Summary of Applications

Todd Brock

    Mr. Brock is a 53-year-old driver in the state of Colorado. He 
previously drove delivery trucks for UPS. He was diagnosed with a 
seizure disorder and given anti-seizure medication. He continues to 
take anti-seizure medication with the dosage and frequency remaining 
the same for 3 years. Mr. Brock has been seizure-free for 9 years, 
having his last seizure January 2003. If granted the exemption, he 
would return to driving a delivery truck for UPS.

Darren Carroll

    Mr. Carroll is a 37-year-old CMV driver in the state of Virginia. 
Mr. Carroll had a single seizure event in March 2008 following a blow 
to the back of his head. He has never been on anti-seizure medication, 
remaining seizure-free since the single seizure. His last seizure was 
March 2008.

Charles Johnson

    Mr. Johnson is a 36-year-old CMV driver in the state of Kansas. Mr. 
Johnson was diagnosed with petite mal

[[Page 12361]]

seizures as an infant. These seizures last only a few seconds, and he 
has not had any grand mal seizures. His last seizure was in April 2011. 
He has been on anti-seizure medication with the dosage and frequency 
remaining the same for 4 months. If granted the exemption, he would 
return to driving a school bus. His physician has released him to 
return to driving.

Diana Mugford

    Ms. Mugford is a 44-year-old CDL driver in the state of Vermont. 
She was diagnosed with complex partial seizures and given anti-seizure 
medication. Her last seizure was in 2004. She continues to take anti-
seizure medication with the dosage and frequency remaining the same for 
8 years. She has remained seizure-free for 8 years. If granted the 
exemption, she would return to driving tractor trailer trucks in 
interstate commerce. Her physician endorses her receiving an exemption 
and states he feels ``she would be among the safer drivers on the 
highway.''

James Wiggins

    Mr. Wiggins is a 57-year-old CMV driver in the state of Florida. 
Mr. Wiggins had a single seizure in March 2008 and was diagnosed with a 
brain tumor. He had the tumor removed in April 2008 and put on anti-
seizure medication. He has been off of any anti-seizure medication for 
3 years and has remained seizure free for 4 years. If granted the 
exemption, he would return to driving tractor trailer trucks.

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: February 22, 2012.
 Larry W. Minor,
 Associate Administrator for Policy.
[FR Doc. 2012-4869 Filed 2-28-12; 8:45 am]
BILLING CODE P