[Federal Register Volume 81, Number 150 (Thursday, August 4, 2016)]
[Notices]
[Pages 51538-51540]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-18499]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2015-0323]


Qualification of Drivers; Exemption Applications; Epilepsy and 
Seizure Disorders

AGENCY: Federal Motor Carrier Safety Administration (FMCSA).

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

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SUMMARY: FMCSA announces receipt of applications from 21 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. 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 September 6, 2016.

ADDRESSES: You may submit comments to the Federal Docket Management 
System (FDMS) Docket No. FMCSA-2015-0323 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.
    Instructions: Each submission must include the Agency name and the 
docket numbers for this notice. Note that all comments received will be 
posted without change to http://www.regulations.gov, including any 
personal information provided. Please see the Privacy Act heading below 
for further information.
    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 Federal Docket Management System (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 http://www.regulations.gov as described in 
the system records notice (DOT/ALL-14 FDMS), which can be reviewed at 
http://www.dot.gov/privacy.

FOR FURTHER INFORMATION CONTACT: Christine A. Hydock, Chief, Medical 
Programs Division, (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: 

I. Background

    Under 49 U.S.C. 31136(e) and 31315, 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 21 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 in interstate commerce. Accordingly, the 
Agency will evaluate the qualifications of each applicant to determine 
whether granting the exemption will achieve the required level of 
safety mandated by statute.
    The physical qualification standard for drivers regarding epilepsy 
found in 49 CFR 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.

    In addition to the regulations, FMCSA has published advisory 
criteria \1\ to assist medical examiners in determining whether drivers 
with certain medical conditions are qualified to operate a CMV in 
interstate commerce. [49 CFR part 391, APPENDIX A TO PART 391--MEDICAL 
ADVISORY CRITERIA, section H. Epilepsy: Sec.  391.41(b)(8), paragraphs 
3, 4, and 5.]
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    \1\ See http://www.ecfr.gov/cgi-bin/text-idx?SID=e47b48a9ea42dd67d999246e23d97970&mc=true&node=pt49.5.391&rgn=div5#ap49.5.391_171.a and https://www.gpo.gov/fdsys/pkg/CFR-2015-title49-vol5/pdf/CFR-2015-title49-vol5-part391-appA.pdf.
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    The advisory criteria states 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

[[Page 51539]]

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.
    As a result of medical examiners misinterpreting advisory criteria 
as regulation, numerous drivers have been prohibited from operating a 
CMV 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 based on the physical qualification standards and medical best 
practices.

II. Qualifications of Applicants

Jason J. Amoriello

    Mr. Amoriello is a 42 year-old driver in Wisconsin. He has a 
history of a seizure disorder and has remained seizure free since 1984. 
He takes anti-seizure medication with the dosage and frequency 
remaining the same since 2012. His physician states that he is 
supportive of Mr. Amoriello receiving an exemption.

Mark Douglas Anderson

    Mr. Anderson is a 52 year-old class B CDL holder in North Carolina. 
He has a history of a seizure disorder and has remained seizure free 
since 1991. He takes anti-seizure medication with the dosage and 
frequency remaining the same since that time. His physician states that 
he is supportive of Mr. Anderson receiving an exemption.

Jeffrey Neal Bienstock

    Mr. Bienstock is a 48 year-old class A CDL holder in Arizona. He 
has a history of a seizure disorder and has remained seizure-free since 
2003. He discontinued anti-seizure medication in 2008. His physician 
states that he is supportive of Mr. Bienstock receiving an exemption.

Jeremy Neal Bradford

    Mr. Bradbord is a 39 year-old class A CDL holder in Alabama. 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 2013. His physician states that he is supportive of Mr. 
Bradford receiving an exemption.

Joseph Steven Drion

    Mr. Drion is a 52 year-old class B CDL holder in Missouri. He has a 
history of a seizure disorder and has remained seizure-free since 2002. 
He takes anti-seizure medication with the dosage and frequency 
remaining the same since that time. His physician states that he is 
supportive of Mr. Drion receiving an exemption.

Kenneth B. Elder

    Mr. Elder is a 49 year-old class A CDL holder in Kentucky. He has a 
history of a seizure disorder and has remained seizure-free since 2002. 
He takes anti-seizure medication with the dosage and frequency 
remaining the same since that time. His physician states that he is 
supportive of Mr. Elder receiving an exemption.

Steven W. Farver

    Mr. Farver is a 50 year-old driver in Pennsylvania. He has a 
history of a seizure disorder and has remained seizure-free since 2008. 
He takes anti-seizure medication with the dosage and frequency 
remaining the same since that time. His physician states that he is 
supportive of Mr. Farver receiving an exemption.

Richard M. Foster

    Mr. Foster is a 49 year-old driver in Oklahoma. He has a history of 
a seizure disorder and has remained seizure-free since 2007. He takes 
anti-seizure medication with the dosage and frequency remaining the 
same since that time. His physician states that he is supportive of Mr. 
Foster receiving an exemption.

Jeffrey Brett Green

    Mr. Green is a 42 year-old class B CDL holder in California. He has 
a history of a seizure disorder and has remained seizure-free since 
2008. He takes anti-seizure medication with the dosage and frequency 
remaining the same since that time. His physician states that he is 
supportive of Mr. Green receiving an exemption.

Stephen M. Harmon

    Mr. Harmon is a 39 year-old driver in West Virginia. He has a 
history of a seizure disorder and has remained seizure-free since 
January 2005. He takes anti-seizure medication with the dosage and 
frequency remaining the same since 2010. His physician states that he 
is supportive of Mr. Harmon receiving an exemption.

Donald Horst

    Mr. Horst is a 66 year-old driver in Maryland. He has a history of 
a single seizure in 2009. He takes anti-seizure medication with the 
dosage and frequency remaining the same since that time. His physician 
states that he is supportive of Mr. Horst receiving an exemption.

Jordan M. Hyster

    Mr. Hyster is a 27 year-old class A CDL holder in Ohio. He has a 
history of a seizure disorder and has remained seizure-free since 
January 2009. He takes anti-seizure medication with the dosage and 
frequency remaining the same since that time. His physician states that 
he is supportive of Mr. Hyster receiving an exemption.

Christopher A. Koger

    Mr. Koger is a 42 year-old class A CDL holder in Pennsylvania. He 
has a history of a seizure disorder and has remained seizure-free since 
2007. He takes anti-seizure medication with the dosage and frequency 
remaining the same since that time. His physician states that he is 
supportive of Mr. Koger receiving an exemption.

Kyle Philip Loney

    Mr. Loney is a 32 year-old driver in Washington. He has a history 
of a seizure disorder and has remained seizure-free since January 2004. 
He takes anti-seizure medication with the dosage and frequency 
remaining the same since that time. His physician states that he is 
supportive of Mr. Loney receiving an exemption.

Leigh P. Mallory

    Mr. Mallory is a 65 year-old driver in Vermont. He has a history of 
a seizure disorder and has remained seizure-free since 1997. He takes 
anti-seizure medication with the dosage and frequency remaining the 
same since that time. His physician states that he is supportive of Mr. 
Mallory receiving an exemption.

Sean Nesbitt

    Mr. Nesbitt is a 44 year-old driver in New York. He has a history 
of a seizure disorder and has remained seizure-free since 2009. He 
takes anti-seizure medication with the dosage and frequency remaining 
the same since that time. His physician states that he is supportive of 
Mr. Nesbitt receiving an exemption.

Ashley Nicole Rialson

    Ms. Rialson is a 28 year-old driver in Minnesota. She has a history 
of epilepsy and has remained seizure-free since 2005. She takes anti-
seizure medication with the dosage and frequency remaining the same 
since that time. Her physician states that she is supportive of Ms. 
Rialson receiving an exemption.

[[Page 51540]]

Gonzalin Sanabria

    Mr. Sanabria is a 61 year-old class B CDL holder in New York. He 
has a history of a seizure disorder as the result of brain lymphoma 
that was diagnosed in 2003. He remains in remission and has been 
seizure free since 2004. He takes anti-seizure medication with the 
dosage and frequency remaining the same since that time. His physician 
states that he is supportive of Mr. Sanabria receiving an exemption.

David Sica

    Mr. Sica is a 53 year-old driver in Connecticut. He has a history 
of a seizure disorder and has remained seizure free since 1985. He 
takes anti-seizure medication with the dosage and frequency remaining 
the same since that time. His physician states that he is supportive of 
Mr. Sica receiving an exemption.

Raymond H. Van De Mark

    Mr. Van De Mark is a 62 class A CDL holder in New Jersey. He has a 
history of a seizure disorder and has remained seizure free since 1986. 
He takes anti-seizure medication with the dosage and frequency 
remaining the same since that time. His physician states that he is 
supportive of Mr. Van De Mark receiving an exemption.

William Frederick Youse

    Mr. Youse is a 24 year-old driver in North Carolina. He has a 
history of childhood epilepsy and has been seizure free since 2002. He 
has not taken anti-seizure medication since 2005. His physician states 
that he is supportive of Mr. Youse receiving an exemption.

III. Request for Comments

    In accordance with 49 U.S.C. 31136(e) and 31315, FMCSA requests 
public comment from all interested persons on the exemption petitions 
described in this notice. We will consider all comments received before 
the close of business on the closing date indicated in the date section 
of the notice.

IV. 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 number ``FMCSA-2015-0323'' 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 materials received during the 
comment period. FMCSA may issue a final determination any time after 
the close of the comment period.

V. Viewing Comments and Documents

    To view comments, as well as any documents mentioned in this 
preamble, go to http://www.regulations.gov and in the search box insert 
the docket number FMCSA-2015-0323 and click ``Search.'' Next, click 
``Open Docket Folder'' and you will find all documents and comments 
related to this notice.

    Issued on: July 27, 2016.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2016-18499 Filed 8-3-16; 8:45 am]
 BILLING CODE 4910-EX-P