[Federal Register Volume 75, Number 127 (Friday, July 2, 2010)]
[Notices]
[Pages 38599-38602]
[FR Doc No: 2010-16216]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2010-0203]

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 seventeen
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 August 2, 2010.

ADDRESSES: You may submit comments bearing the Federal Docket
Management System (FDMS) Docket No. FMCSA-2010-0203 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 No. 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://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Dr. Mary D. Gunnels, Director, Medical
Programs,<PHONE_NUMBER><EMAIL_ADDRESS>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 also allow the
Agency to renew exemptions at the end of the 2-year period. The
seventeen 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 nonepileptic 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
commercial motor vehicle 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 antiseizure 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

Bruce B. Baum

    Mr. Baum is a CMV driver in the state of New Mexico. He experienced
a single episode of a seizure in 1999, and is currently taking anti-
seizure medication Dilantin. His neurologist states that he has been
seizure-free for five years. Mr. Baum believes that he would achieve a
level of safety that is equivalent to the level of safety obtained by
complying with the regulation because he has remained seizure free and
compliant on medication since 1999.

Todd A. Davis

    Mr. Davis is a CMV driver in the state of Wisconsin. He experienced
a single episode of a seizure in 2007, and is currently taking anti-
seizure medication Lamictal. His neurologist certified that he has been
seizure-free for three years. Mr. Davis believes that he would achieve
a level of safety that is equivalent to the level of safety obtained by
complying with the regulation because he has remained seizure free and
compliant on medication since 2007.

James Dyer

    Mr. Dyer is a CMV driver in the state of Texas. He experienced a
single seizure like event in 2008 and was placed on anti-seizure
medication but discontinued use in 2009. His neurologist states that he
is stable, has a low risk of future seizures, and has been seizure free
for one year and 6 months. Mr. Dyer believes that he would achieve a
level of safety that is equivalent to the level of safety obtained by
complying with the regulation because he experienced a ``seizure-like''
event, discontinued use of anti-seizure medication, and has remained
seizure-free for years.

Richard R. Gurda

    Mr. Gurda is a CMV driver in the state of Wisconsin. He experienced
a single seizure event in 2005, and is currently taking anti-seizure
medication Lamictal. His neurologist certified that he has been
seizure-free for four years since the single event and remains stable
on his current dose of medication. Mr. Gurda believes that he would
achieve a level of safety that is equivalent to the level of safety
obtained by complying with the regulation because he has maintained
good medication control and has remained seizure-free for four years.
Mr. Gurda currently has a CDL exemption issued by the state to operate
municipal/government vehicle in intrastate.

Christian E. Henry

    Mr. Henry is a CMV driver in the state of Pennsylvania. He has a
history of seizures during medical procedures when he was a juvenile.
His doctor states that he has been seizure-free for nine years on his
current dose of medication and is stable to drive. Mr. Henry believes
that he would achieve a level of safety that is equivalent to the level
of safety obtained by complying with the regulation because he has
remained seizure-free since 1998, has a safe driving record, and he's
compliant with his medication.

Denton L. Hineline

    Mr. Hineline is a CMV driver in the state of Florida. He has a
history of nocturnal seizures and was diagnosed with epilepsy in 1978,
and is currently taking anti-seizure medication Dilantin. His doctor
certified that he has been seizure-free for twenty-nine years on his
current dose of medication. Mr. Hineline believes that he would achieve
a level of safety that is equivalent to the

level of safety obtained by complying with the regulation because he
has remained seizure-free since 1979 and he's compliant with his
medication.

Henrietta M. Ketcham

    Ms. Ketcham is a CMV driver in the state of New York. She has a
history of seizure disorder since 1992. She experienced her last
seizure in 2001, and is currently taking anti-seizure medication
Topomax. Her doctor states that she has been seizure-free for seven
years on her current dose of medication and remains stable. Ms. Ketcham
believes that she would achieve a level of safety that is equivalent to
the level of safety obtained by complying with the regulation because
she has maintained good medication control and has remained seizure-
free for seven years.

Danny Lingle

    Mr. Lingle is a CMV driver in the state of Iowa. He states that he
had a stroke from a brain hemorrhage and not a seizure in 2006. He did
not take an anti-seizure medication after the event. He has not
experienced another episode. His neurologist states that he is safe to
drive without restrictions. Mr. Lingle believes that he would achieve a
level of safety that is equivalent to the level of safety obtained by
complying with the regulation because he did not experience a seizure
and is a safe driver.

James C. Loiodice

    Mr. Loiodice is a CMV driver in the state of New York. He
experienced an isolated seizure episode in 2001, and is currently
taking anti-seizure medication Carbatrol. His neurologist certified
that he has been seizure-free for 8 years, is well controlled and has
an extremely low risk of a breakthrough seizure. Mr. Loiodice believes
that he would achieve a level of safety that is equivalent to the level
of safety obtained by complying with the regulation because he has
remained seizure-free on anti-seizure medication for eight years.

Leo J. Lombardio

    Mr. Lombardio is a CMV driver in the state of California. He
experienced a single seizure episode in 2007, and is currently taking
anti-seizure medication Phenytoin. His doctor states that he has been
stable with no seizure activity on medication since 2007. His
medication was changed from Keppra to Phenytoin in 2008 due to side
effects. He believes that he would achieve a level of safety that is
equivalent to the level of safety obtained by complying with the
regulation because he continues to take his medication as directed by
his doctor and has remained seizure free.

Mike D. Rafalski

    Mr. Rafalski is a CMV driver in the state of Michigan. He was
diagnosed with epilepsy in 2002, and is currently taking anti-seizure
medications Keppra and Trileptal. He experienced his last seizure in
2006. Mr. Rafalski believes that he would achieve a level of safety
that is equivalent to the level of safety obtained by complying with
the regulation because he has remained seizure-free on anti-seizure
medication for four years.

Phillip S. Sage

    Mr. Sage is a CMV driver in the state of Michigan. He developed
seizures after a motor vehicle accident in 2007. He experienced his
last seizure in 2008, and was taking anti-seizure medication Keppra. He
has since discontinued anti-seizure medication in 2008. He believes
that he would achieve a level of safety that is equivalent to the level
of safety obtained by complying with the regulation because he has a
history of safe driving and has discontinued the medication and has
remained seizure-free.

Floyd R. Strader Jr.

    Mr. Strader is a CMV driver in the state of North Carolina. He was
diagnosed with a childhood seizure disorder. His last seizure was in
2000, he was thirteen years old at this time. He discontinued the use
of anti-seizure medication in 2001 when he was fourteen. Mr. Strader
experienced a motor vehicle collision which resulted in head-trauma. He
did not experience a seizure; however, he was treated for migraine
headaches. Mr. Strader believes that he would achieve a level of safety
that is equivalent to the level of safety obtained by complying with
the regulation because he has remained seizure-free for nine years and
off anti-seizure medication for eight years.

Joseph A. Suhy

    Mr. Suhy is CMV driver in the state of Pennsylvania. He was
diagnosed with a seizure disorder after a head injury in 1986. His last
seizure was in 1991 at the time he was taking Tegretol. Subsequently
his anti-seizure medication was changed to Valproic acid and he remains
on this medication to date. His doctor states that he has been seizure-
free for seventeen years. Mr. Suhy believes that he would achieve a
level of safety that is equivalent to the level of safety obtained by
complying with the regulation because he has remained seizure free and
is compliant with treatment.

Paul C. Warren

    Mr. Warren is a CMV driver in the state of Maine. He was diagnosed
with epilepsy in 2000. He experienced his last seizure in 2002, and is
currently taking anti-seizure medication Keppra. His neurologist states
that he has been seizure free for seven years and is compliant with
treatment. Mr. Warren believes that he would achieve a level of safety
that is equivalent to the level of safety obtained by complying with
the regulation because he has a history of safe driving in CMVs and has
remained seizure free for seven years.

Jeffery P. Weis

    Mr. Weis is a CMV driver in the state of Illinois. He experienced
seizures in 2006 caused by metabolic derangement related to stress and
alcohol use. He was placed on Dilantin but discontinued use per
doctor's orders after 6 months. He has remained seizure and medication
free for three years. Mr. Weis believes that he would achieve a level
of safety that is equivalent to the level of safety obtained by
complying with the regulation because he has a history of safe driving,
decreased alcohol consumption and has discontinued anti-seizure
medication and has remained seizure-free.

Brian H. Wetzel

    Mr. Wetzel is a CMV driver in the state of Missouri. He was
diagnosed with a seizure disorder after brain surgery in 1976. He
experienced his last seizure in 1995, and is currently taking anti-
seizure medication Carbamazepine. His neurologist's medical opinion is
that he has been seizure free for fourteen years and is safe to drive.
Mr. Wetzel believes that he would achieve a level of safety that is
equivalent to the level of safety obtained by complying with the
regulation because he has been seizure free for fourteen years and is
compliant with treatment.

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 application
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: June 25, 2010.
Larry W. Minor,
Associate Administrator for Policy and Program Development.
[FR Doc. 2010-16216 Filed 7-1-10; 8:45 am]
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