[Federal Register Volume 80, Number 89 (Friday, May 8, 2015)]
[Notices]
[Pages 26612-26614]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-11123]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2015-0115]


Qualification of Drivers; Exemption Applications; Epilepsy and 
Seizure Disorders

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

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

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SUMMARY: FMCSA announces receipt of applications from 18 individuals 
for an exemption from the prohibition 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 operate a commercial 
motor vehicle (CMV) in interstate commerce. The regulation and the 
associated advisory criteria published in the Code of Federal 
Regulations as the ``Instructions for Performing and Recording Physical 
Examinations'' have resulted in numerous drivers being prohibited from 
operating CMVs 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. If granted, the exemptions would enable these 
individuals who have had one or more seizures and are taking anti-
seizure medication to operate CMVs for up to 2 years in interstate 
commerce.

DATES: Comments must be received on or before June 8, 2015.

ADDRESSES: You may submit comments bearing the Federal Docket 
Management System (FDMS) Docket ID FMCSA-2015-0115 using any of the 
following methods:
     Federal eRulemaking Portal: Go to 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 or Courier: 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 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 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: 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 www.regulations.gov, as described in the 
system records notice (DOT/ALL-14 FDMS), which can be reviewed at 
www.dot.gov/privacy.

FOR FURTHER INFORMATION CONTACT: Charles A. Horan, III, Director, 
Office of Carrier, Driver and Vehicle Safety, (202) 366-4001, or via 
email at [email protected], or by letter to 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 up to 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 18 individuals listed in this notice have 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 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.
    FMCSA provides medical advisory criteria for use by medical 
examiners in determining whether drivers with certain medical 
conditions should be certified to operate CMVs in intrastate commerce. 
The advisory criteria indicate that 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. 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 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 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.

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

[[Page 26613]]

number ``FMCSA-2015-0115'' 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 
like to know that they reached the facility, please enclose a stamped, 
self-addressed postcard or envelope.
    We will consider all comments and material received during the 
comment period and may change this proposed rule based on your 
comments. FMCSA may issue a final rule at any time after the close of 
the comment period.

Viewing Comments and Documents

    To view comments, as well as any documents mentioned in this 
preamble, To submit your comment online, go to http://www.regulations.gov and in the search box insert the docket number 
``FMCSA-2015-0115'' and click ``Search.'' Next, click ``Open Docket 
Folder'' and you will find all documents and comments related to the 
proposed rulemaking.

Summary of Applications

Ian Correll-Zerbe

    Mr. Correll-Zerbe is a 26 year-old driver in Pennsylvania. He has a 
history of epilepsy and has remained seizure free since 2004. He takes 
anti-seizure medication with the dosage and frequency remaining the 
same since January 2013. If granted the exemption, he would like to 
drive a CMV. His physician states that he is supportive of Mr. Correll-
Zerbe receiving an exemption.

Alan Feuerhelm

    Mr. Feurerhelm is a 68 year-old class A CDL holder in Iowa. He has 
a history of epilepsy and has remained seizure free since 1985. He 
takes anti-seizure medication with the dosage and frequency remaining 
the same since that time. If granted the exemption, he would like to 
drive a CMV. His physician states that he is supportive of Mr. 
Feuerhelm receiving an exemption.

Robert J. Forney

    Mr. Forney is a 37 year-old class A CDL holder in Wisconsin. He has 
a history of a seizure disorder and has remained seizure free since 
2005. He takes anti-seizure medication with the dosage and frequency 
remaining the same since 2011. If granted the exemption, he would like 
to drive a CMV. His physician states that he is supportive of Mr. 
Forney receiving an exemption.

Henry Freiburger

    Mr. Freiburger is a 42 year-old class A CDL holder in Wisconsin. He 
has a history of epilepsy and has remained seizure free since 2002. He 
takes anti-seizure medication with the dosage and frequency remaining 
the same since July 2014. If granted the exemption, he would like to 
drive a CMV. His physician states that he is not supportive of Mr. 
Freiburger receiving an exemption.

Timothy Kenneth Jameson

    Mr. Jameson is a 41 year-old class A CDL holder in Utah. He has a 
history of epilepsy and has remained seizure since 2010. He takes anti-
seizure medication with the dosage and frequency remaining the same 
since that time. If granted the exemption, he would like to drive a 
CMV. His physician states that he is supportive of Mr. Jameson 
receiving an exemption.

Bryan R. Jones

    Mr. Jones is a 31 year-old class B CDL holder in Pennsylvania. He 
has a history of epilepsy and has remained seizure free since 2002. He 
takes anti-seizure medication with the dosage and frequency remaining 
the same since that time. If granted the exemption, he would like to 
drive a CMV. His physician states that he is supportive of Mr. Jones 
receiving an exemption.

Terri Kathleen Kahle

    Ms. Kahle is a 49 year-old class A CDL holder in Pennsylvania. She 
has a history of a seizure disorder and has remained seizure free since 
2004. She takes anti-seizure medication with the dosage and frequency 
remaining the same since that time. If granted the exemption, she would 
like to drive a CMV. Her physician states that he is supportive of Ms. 
Kahle receiving an exemption.

Ivan M. Martin

    Mr. Martin is a 56 year-old driver in Pennsylvania. He has a 
history of a seizure disorder and has remained seizure since 1985. He 
takes anti-seizure medication with the dosage and frequency remaining 
the same since 2004. If granted the exemption, he would like to drive a 
CMV. His physician states that he is supportive of Mr. Martin receiving 
an exemption.

James Joseph Marvel

    Mr. Marvel is a 64 year-old driver in Virginia. He has a history of 
epilepsy and has remained seizure free since 1967. He takes anti-
seizure medication with the dosage and frequency remaining the same 
since that time. If granted the exemption, he would like to drive a 
CMV. His physician states that he is supportive of Mr. Marvel receiving 
an exemption.

Andy L. McNeal

    Mr. McNeal is a 52 year-old class B CDL holder in Indiana. He has a 
history of a single seizure and resected brain tumor in 2007. He takes 
anti-seizure medication with the dosage and frequency remaining the 
same since that time. If granted the exemption, he would like to drive 
a CMV. His physician states that he is supportive of Mr. McNeal 
receiving an exemption.

Matthew J. Murphy

    Mr. Murphy is a 32 year-old class B CDL holder in Wisconsin. He has 
a history of a single isolated generalized tonic-clonic seizure in 
November 2013. He takes anti-seizure medication with the dosage and 
frequency remaining the same since June 2014. If granted the exemption, 
he would like to drive a CMV. His physician states that he is 
supportive of Mr. Murphy receiving an exemption.

Richard S. Nelson

    Mr. Nelson is a 79 year-old class A CDL holder in Minnesota. He has 
a history of a seizure disorder and has remains seizure free since 196. 
He takes anti-seizure medication with the dosage and frequency 
remaining the same since that time. If granted the exemption, he would 
like to drive a CMV. His physician states that he is supportive of 
Nelson receiving an exemption.

David J. Patterson

    Mr. Patterson is a 52 year-old class B CDL holder in Minnesota. He 
has a history of a craniotomy and clipping of an aneurysm in 1988. He 
has no history of seizure and has never taken anti-seizure medication. 
If granted the exemption, he would like to drive a CMV. His physician 
states that he is supportive of Mr. Patterson receiving an exemption.

Charles Eugene Sprenger

    Mr. Sprenger is a 53 year-old class C CDL holder in Minnesota. He 
has a history of a single seizure in 2008 which was believed to be 
related to a meningioma which was surgically removed in 2008. He took 
anti-seizure medication after that time which was

[[Page 26614]]

discontinued in 2013. If granted the exemption, he would like to drive 
a CMV. His physician states that he is supportive of Mr. Sprenger 
receiving an exemption.

Edward Tuttle

    Mr. Tuttle is a 54 year-old driver in Wisconsin. He has a history 
of epilepsy and has remained seizure free since 2007. He takes anti-
seizure medication with the dosage and frequency remaining the same 
since that time. If granted the exemption, he would like to drive a 
CMV. His physician states that he is supportive of Mr. Tuttle receiving 
an exemption.

Mohammad S. Warrad

    Mr. Warrad is a 54 year-old class B CDL holder in Iowa. He has a 
history of a seizure disorder and has remained seizure free since 1999. 
He takes anti-seizure medication with the dosage and frequency 
remaining the same since 2013. If granted the exemption, he would like 
to drive a CMV. His physician states that he is supportive of Mr. 
Warrad receiving an exemption.

Michael D. Williams

    Mr. Williams is a 48 year-old class A CDL holder in Nevada. He has 
a history of a seizure disorder and has remained seizure free since 
1987. He takes anti-seizure medication with the dosage and frequency 
remaining the same since 2002. If granted the exemption, he would like 
to drive a CMV. His physician states that he is supportive of Mr. 
Williams receiving an exemption.

Tyler David Williams

    Mr. Williams is a 23 year-old driver in Pennsylvania. He has a 
history of epilepsy and has remained seizure free since 2009. He takes 
anti-seizure medication with the dosage and frequency remaining the 
same since that time. If granted the exemption, he would like to drive 
a CMV. His physician states that he is supportive of Mr. Williams 
receiving an exemption.

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: May 4, 2015.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2015-11123 Filed 5-7-15; 8:45 am]
 BILLING CODE 4910-EX-P