[Federal Register Volume 84, Number 233 (Wednesday, December 4, 2019)]
[Notices]
[Pages 66446-66447]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-26185]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2019-0036]


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 seven individuals 
for an exemption from the prohibition in the Federal Motor Carrier 
Safety Regulations (FMCSRs) 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 control a commercial motor 
vehicle (CMV) to drive 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 in 
interstate commerce.

DATES: Comments must be received on or before January 3, 2020.

ADDRESSES: You may submit comments identified by the Federal Docket 
Operations Docket No. FMCSA-2019-0036 using any of the following 
methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov/docket?D=FMCSA-2019-0036. Follow the online 
instructions for submitting comments.
     Mail: Docket Operations; 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., 
ET, Monday through Friday, except Federal Holidays.
     Fax: (202) 493-2251.
    To avoid duplication, please use only one of these four methods. 
See the ``Public Participation'' portion of the SUPPLEMENTARY 
INFORMATION section for instructions on submitting comments.

FOR FURTHER INFORMATION CONTACT: Ms. Christine A. Hydock, Chief, 
Medical Programs Division, (202) 366-4001, [email protected], FMCSA, 
Department of Transportation, 1200 New Jersey Avenue SE, Room W64-224, 
Washington, DC 20590-0001. Office hours are 8:30 a.m. to 5 p.m., ET, 
Monday through Friday, except Federal holidays. If you have questions 
regarding viewing or submitting material to the docket, contact Docket 
Operations, (202) 366-9826.

SUPPLEMENTARY INFORMATION: 

I. Public Participation

A. Submitting Comments

    If you submit a comment, please include the docket number for this 
notice (Docket No. FMCSA-2019-0036), indicate the specific section of 
this document to which each comment applies, and provide a reason for 
each suggestion or recommendation. 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/docket?D=FMCSA-2019-0036. Click on the ``Comment Now!'' button and type 
your comment into the text box on the following screen. Choose whether 
you are submitting your comment as an individual or on behalf of a 
third party and then submit.
    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.
    FMCSA will consider all comments and material received during the 
comment period.

B. Viewing Documents and Comments

    To view comments, as well as any documents mentioned in this notice 
as being available in the docket, go to http://www.regulations.gov/docket?D=FMCSA-2019-0036 and choose the document to review. If you do 
not have access to the internet, you may view the docket online by 
visiting the Docket Operations in Room W12-140 on the ground floor of 
the DOT West Building, 1200 New Jersey Avenue SE, Washington, DC 20590, 
between 9 a.m. and 5 p.m., ET, Monday through Friday, except Federal 
holidays.

C. 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 
of records notice (DOT/ALL-14 FDMS), which can be reviewed at 
www.dot.gov/privacy.

II. Background

    Under 49 U.S.C. 31136(e) and 31315(b), FMCSA may grant an exemption 
from the FMCSRs for no longer than a 5-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 statute also allows the Agency to renew exemptions at 
the end of the 5-year period. FMCSA grants medical exemptions from the 
FMCSRs for a 2-year period to align with the maximum duration of a 
driver's medical certification.
    The seven individuals listed in this notice have requested an 
exemption from the epilepsy and seizure disorders prohibition in 49 CFR 
391.41(b)(8). 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 Sec.  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 (MEs) in determining whether 
drivers with certain medical conditions are qualified to operate a CMV 
in interstate commerce.
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    \1\ These criteria may be found in APPENDIX A TO PART 391--
MEDICAL ADVISORY CRITERIA, section H. Epilepsy: Sec.  391.41(b)(8), 
paragraphs 3, 4, and 5, which is available on the internet at 
https://www.gpo.gov/fdsys/pkg/CFR-2015-title49-vol5/pdf/CFR-2015-title49-vol5-part391-appA.pdf.
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    The criteria states that if an individual has had a sudden episode 
of a non-epileptic seizure or loss of

[[Page 66447]]

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 ME 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 has 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.
    As a result of MEs 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 ME based on 
the physical qualification standards and medical best practices.
    On January 15, 2013, FMCSA announced in a Notice of Final 
Disposition titled, ``Qualification of Drivers; Exemption Applications; 
Epilepsy and Seizure Disorders,'' (78 FR 3069), its decision to grant 
requests from 22 individuals for exemptions from the regulatory 
requirement that interstate CMV drivers have ``no established medical 
history or clinical diagnosis of epilepsy or any other condition which 
is likely to cause loss of consciousness or any loss of ability to 
control a CMV.'' Since that time, the Agency has published additional 
notices granting requests from individuals for exemptions from the 
regulatory requirement regarding epilepsy found in Sec.  391.41(b)(8).
    To be considered for an exemption from the epilepsy and seizure 
disorders prohibition in Sec.  391.41(b)(8), applicants must meet the 
criteria in the 2007 recommendations of the Agency's Medical Expert 
Panel (78 FR 3069).

III. Qualifications of Applicants

David Crouch

    Mr. Crouch is a 63-year-old class D driver in Kentucky. He has a 
history of seizure disorder and has been seizure free since 1995. He 
takes anti-seizure medication with the dosage and frequency remaining 
the same since May 2012. His physician states that he is supportive of 
Mr. Crouch receiving an exemption.

Demetrius Furman

    Mr. Furman is a 45-year-old class A CDL holder in South Dakota. He 
has a history of seizure disorder and has been seizure free since 2009. 
He takes anti-seizure medication with the dosage and frequency 
remaining the same since June 2010. His physician states that he is 
supportive of Mr. Furman receiving an exemption.

Christopher Gilbert

    Mr. Gilbert is a 33-year-old class D driver in Virginia. He has a 
history of seizure disorder and has been seizure free since 2011. He 
takes anti-seizure medication with the dosage and frequency remaining 
the same since 2011. His physician states that he is supportive of Mr. 
Gilbert receiving an exemption.

Jeffrey Koesterer

    Mr. Koesterer is a 49-year-old class A CDL holder in Missouri. He 
has a history of a single provoked seizure and has been seizure free 
since 1994. His anti-seizure medications were discontinued in 1994. His 
physician states that he is supportive of Mr. Koesterer receiving an 
exemption.

Kevin Market

    Mr. Market is a 40-year-old class D driver in Ohio. He has a 
history of single provoked seizure and has been seizure free since 
2010. He takes anti-seizure medication with the dosage and frequency 
remaining the same since May 2011. His physician states that he is 
supportive of Mr. Market receiving an exemption.

Randy Wentz

    Mr. Wentz is a 52-year-old class CM driver in Pennsylvania. He has 
a history of seizure disorder and has been seizure free since 2002. He 
takes anti-seizure medication with the dosage and frequency remaining 
the same since 2002. His physician states that she is supportive of Mr. 
Wentz receiving an exemption.

Robert Williams

    Mr. Williams is a 52-year-old class A CDL holder in Illinois. He 
has a history of seizure disorder and has been seizure free since 2002. 
He takes anti-seizure medication with the dosage and frequency 
remaining the same since 2002. His physician states that she is 
supportive of Mr. Williams receiving an exemption.

IV. Request for Comments

    In accordance with 49 U.S.C. 31136(e) and 31315(b), 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 under the DATES 
section of the notice.

    Issued on: November 26, 2019.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2019-26185 Filed 12-3-19; 8:45 am]
BILLING CODE 4910-EX-P