[Federal Register Volume 79, Number 190 (Wednesday, October 1, 2014)]
[Notices]
[Pages 59358-59360]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-23442]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2013-0442; FMCSA-2013-0443; FMCSA-2013-0444; FMCSA-
2013-0445; FMCSA-2014-0212]


Denial of Exemption Applications; Epilepsy and Seizure Disorders

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

ACTION: Notice of denial of applications for seizure exemptions.

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SUMMARY: FMCSA announces the denial of 19 individuals' applications for 
exemptions from the rule prohibiting 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) from operating CMVs in interstate commerce. The reason 
for each of the denials is listed after the individual's name.

FOR FURTHER INFORMATION CONTACT: Elaine M. Papp, R.N., Chief of the 
Medical Programs 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 statutes allow the 
Agency to renew exemptions at the end of the 2-year period. The 19 
individuals listed in this notice have requested an exemption from the 
epilepsy and seizure disorder standard 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 
qualified physically 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.
    In order to make an evidence-based decision, FMCSA conducted a 
comprehensive review of scientific literature and convened a panel of 
medical experts in the field of neurology to evaluate key questions 
regarding seizure and anti-seizure medication related to the safe 
operation of a CMV. Previously, the Agency gathered evidence for 
decision making concerning potential changes to the regulation by 
conducting a comprehensive review of scientific literature that was 
compiled into a report entitled, ``Evidence Report on Seizure Disorders 
and Commercial Vehicle Driving'' (Evidence Report) [CD-ROM HD TL230.3 
.E95 2007]. The Agency then convened a MEP in the field of neurology on 
May 14-15, 2007, to review 49 CFR 391.41(b)(8) and the advisory 
criteria regarding individuals who have experienced a seizure and the 
2007 Evidence Report. The Evidence Report and the MEP recommendations 
are published on-line at http://www.fmcsa.dot.gov/rules-regulations/topics/mep/mep-reports.htm under Seizure Disorders and are in the 
docket for this notice. In reaching the determination to grant or deny 
exemption requests for individuals who have experienced a seizure, the 
Agency considered both current medical literature and information and 
the 2007 recommendations of the Agency's Medical Expert Panel (MEP).

MEP Criteria for Evaluation

    On October 15, 2007, the MEP issued the following recommended 
criteria for evaluating whether an individual with epilepsy or a 
seizure disorder should be allowed to operate a CMV.\1\ The MEP 
recommendations are included in an appendix at the end of this notice 
and in each of the previously published dockets.
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    \1\ Engel, J., Fisher, R.S., Krauss, G.L., Krumholz, A., and 
Quigg, M.S., ``Expert Panel Recommendations: Seizure Disorders and 
Commercial Motor Vehicle Driver Safety,'' FMCSA, October 15, 2007.
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    Epilepsy diagnosis. If there is an epilepsy diagnosis, the 
applicant should be seizure-free for 8 years, on or off medication. If 
the individual is taking anti-seizure medication(s), the plan for 
medication should be stable for 2 years. Stable means no changes in 
medication, dosage, or frequency of medication administration. 
Recertification for

[[Page 59359]]

drivers with an epilepsy diagnosis should be performed every year.
    Single unprovoked seizure. If there is a single unprovoked seizure 
(i.e., there is no known trigger for the seizure), the individual 
should be seizure-free for 4 years, on or off medication. If the 
individual is taking anti-seizure medication(s), the plan for 
medication should be stable for 2 years. Stable means no changes in 
medication, dosage, or frequency of medication administration. 
Recertification for drivers with a single unprovoked seizure should be 
performed every 2 years.
    Single provoked seizure. If there is a single provoked seizure 
(i.e., there is a known reason for the seizure), the Agency should 
consider specific criteria that fall into the following two categories: 
low-risk factors for recurrence and moderate-to-high risk factors for 
recurrence.
     Examples of low-risk factors for recurrence include 
seizures that were caused by a medication; by non-penetrating head 
injury with loss of consciousness less than or equal to 30 minutes; by 
a brief loss of consciousness not likely to recur while driving; by 
metabolic derangement not likely to recur; or by alcohol or illicit 
drug withdrawal.
     Examples of moderate-to-high-risk factors for recurrence 
include seizures caused by non-penetrating head injury with loss of 
consciousness or amnesia greater than 30 minutes or penetrating head 
injury; intracerebral hemorrhage associated with a stroke or trauma; 
infections; intracranial hemorrhage; post-operative complications from 
brain surgery with significant brain hemorrhage; brain tumor; or 
stroke.

The MEP report indicates that individuals with moderate to high-risk 
conditions should not be certified. Drivers with a history of a single 
provoked seizure with low risk factors for recurrence should be 
recertified every year.

Medical Review Board Recommendations and Agency Decision

    FMCSA presented the MEP's findings and the Evidence Report to the 
Medical Review Board (MRB) for consideration. The MRB reviewed and 
considered the 2007 ``Seizure Disorders and Commercial Driver Safety'' 
evidence report and the 2007 MEP recommendations. The MRB recommended 
maintaining the current advisory criteria, which provide that ``drivers 
with a history of epilepsy/seizures off anti-seizure medication and 
seizure-free for 10 years may be qualified to drive 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'' [Advisory criteria to 49 CFR 391.43(f)].
    The Agency acknowledges the MRB's position on the issue but 
believes current relevant medical evidence supports a less conservative 
approach. The medical advisory criteria for epilepsy and other seizure 
or loss of consciousness episodes was based on the 1988 ``Conference of 
Neurological Disorders and Commercial Driving'' (NITS Accession No. 
PB89-158950/AS). A copy of the report can be found in the docket 
referenced in this notice.
    The MRB's recommendation treats all drivers who have experienced a 
seizure the same, regardless of individual medical conditions and 
circumstances. In addition, the recommendation to continue prohibiting 
drivers who are taking anti-seizure medication from operating a CMV in 
interstate commerce does not consider a driver's actual seizure history 
and time since the last seizure. The Agency has decided to use the 2007 
MEP recommendations as the basis for evaluating applications for an 
exemption from the seizure regulation on an individual, case-by-case 
basis. The disposition of applications announced in this notice applies 
the 2007 MEP recommendations.

Denials and Reasons

     The following drivers were listed previously in Federal 
Register Notice FMCSA-2013-0442 published February 25, 2014:
    Barry Cultice--Mr. Cultice has a history of a seizure disorder. His 
last seizure was in 2006. He did not provide sufficient information to 
make a determination.
    Arnold Gatison--Mr. Gatison has a history of seizure disorder. His 
last seizure was in 2009. He does not meet the MEP guidelines at this 
time.
    Michael Hines--Mr. Hines has a history of epilepsy. His last 
seizure was in 2008, however, his physician states that he fell asleep 
while driving in 2013, and the cause is indeterminate. He does not meet 
the MEP guidelines at this time.
    Shawn Mion--Mr. Mion has no history of seizure. He was taking an 
anti-seizure medication for a medical condition other than seizures. 
Mr. Mion withdrew his request for a seizure exemption because he was 
placed on a new medication.
    Douglas Norland--Mr. Norland has a history of seizure disorder. His 
last seizure was in 1989. His last change in anti-seizure medication 
was in January 2013. He does not meet the MEP guidelines at this time.
     The following drivers were listed previously in Federal 
Register Notice FMCSA-2013-0443 published March 21, 2014:
    Christopher Fitch--Mr. Fitch has a history of a single seizure in 
2013. He takes anti-seizure medication. He does not meet the exemption 
criteria at this time.
    Earnest Lansberry--Mr. Lansberry has a history of epilepsy. His 
last seizure was in 2007. He does not meet the MEP guidelines at this 
time.
    Jason Yowell--Mr. Yowell has a history of a single seizure. His 
seizure was in 2011. He takes anti-seizure medication. He does not meet 
the MEP guidelines at this time.
     The following drivers were listed previously in Federal 
Register Notice FMCSA-2013-0444 published on May 13, 2014:
    Mark Dodson--Mr. Dodson has a history of a single seizure. His 
seizure was in 2011. He takes anti-seizure medication. He does not meet 
the MEP guidelines at this time.
    Paul Seekins--Mr. Seekins has a history of seizure disorder. This 
last seizure was in 2013. He takes anti-seizure medication. He does not 
meet the MEP guidelines at this time.
     The following drivers were listed previously in Federal 
Register Notice FMCSA-2013-0445 published on June 3, 2014:
    Raymond Berns--Mr. Berns has a history of epilepsy. His last 
seizure was July 2007. He takes anti-seizure medication. He does not 
meet the MEP guidelines at this time.
    Christopher Dodson--Mr. Dodson has a history of seizure disorder. 
His last seizure was in 2010. He takes anti-seizure medication. He does 
not meet the MEP guidelines at this time.
    Wayne Guthrie--Mr. Guthrie has a history of epilepsy. His last 
seizure was in 2011. He takes anti-seizure medication. He does not meet 
the MEP guidelines at this time.
    Patricia Morgan--Mr. Morgan does not intend to operate in 
interstate commerce.
    Jerrod Rust--Mr. Rust has a history of epilepsy. His last seizure 
was in 2012. He takes anti-seizure medication. He does not meet the MEP 
guidelines at this time.
    Walter Siwula--Mr. Siwula has a history of seizure disorder. His 
last seizure was in 2009. He takes anti-seizure medication. He does not 
meet the MEP guidelines at this time.
     The following drivers were listed previously in Federal 
Register Notice

[[Page 59360]]

FMCSA-2014-0212 published on July 8, 2014:
    Charles Barnett--Mr. Barnett has a history of seizures. His last 
seizure was in 2011. He takes anti-seizure medication. He does not meet 
the MEP guidelines at this time.
    James Boyd--Mr. Boyd has a history of a single seizure. His seizure 
was in 2011. He takes anti-seizure medication. He does not meet the MEP 
guidelines at this time.
    Joaquin Polin--Mr. Polin has a history of epilepsy. His last 
seizure was in 2010. He takes anti-seizure medication. He does not meet 
the MEP guidelines at this time.

    Issued on: September 26, 2014.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2014-23442 Filed 9-30-14; 8:45 am]
BILLING CODE 4910-EX-P