
[Federal Register Volume 81, Number 46 (Wednesday, March 9, 2016)]
[Notices]
[Pages 12553-12556]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-05242]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2015-0321]


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.

-----------------------------------------------------------------------

SUMMARY: FMCSA announces receipt of applications from 31 individuals 
for an exemption from the prohibition against persons with a clinical 
diagnosis of

[[Page 12554]]

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 April 8, 2016.

ADDRESSES: You may submit comments bearing the Federal Docket 
Management System (FDMS) Docket No. FMCSA-2015-0321 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 
fmcsamedical@dot.gov, 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 31 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 to assist medical examiners in determining whether drivers 
with certain medical conditions are qualified to operate a CMV in 
interstate commerce. The advisory criteria found in Appendix A to 49 
CFR 391.41, 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 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

Travis Earl Baird

    Mr. Baird is a 28 year-old driver in Oklahoma. He has a history of 
a seizure disorder and has remained seizure free since 2003. 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. 
Baird receiving an exemption.

Robert P. Brackett

    Mr. Brackett is a 60 year-old class A CDL holder in Maine. He has a 
history of a single unprovoked 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. Brackett 
receiving an exemption.

Brian R. Checkley, Jr.

    Mr. Checkley is a 36 year-old driver in New Jersey. He has a 
history of epilepsy and has remained seizure free since 2007. He 
underwent a right anterior temporal lobectomy in 2007 and has not taken 
anti-seizure medication since August 2011. His physician states that he 
is supportive of Mr. Checkley receiving an exemption.

[[Page 12555]]

James Clark

    Mr. Clark is a 32 year-old driver in Pennsylvania. He has a history 
of a seizure disorder and has remained seizure free since 2003. 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. Clark receiving an exemption.

George J. Conte

    Mr. Conte is a 46 year-old driver in Connecticut. He has a history 
of epilepsy and has remained seizure free since 2014. 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. 
Conte receiving an exemption.

Dean W. Drury

    Mr. Drury is a 55 year-old driver in Illinois. He had one seizure 
following surgery in February 2015. He currently takes anti-seizure 
medication but anticipates being weaned off of his this medication in 
the future. His physician states that he is supportive of Mr. Drury 
receiving an exemption.

Kelly Frederick

    Mr. Frederick is a 46 year-old driver in Louisiana. 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 that time. His physician states that he is 
supportive of Mr. Frederick receiving an exemption.

William Gessner

    Mr. Gessner is a 48 year-old class A CDL holder in Pennsylvania. He 
has a history of a seizure disorder and has remained seizure free since 
2006. 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. Gessner receiving an exemption.

Jerry L. Henderson

    Mr. Henderson is a 56 year-old class A CDL holder in Indiana. 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. Henderson receiving an exemption.

Clarence D. Jones

    Mr. Jones is a 73 year-old class A CDL holder in Virginia. 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 that time. His physician states that he is 
supportive of Mr. Jones receiving an exemption.

Preston Romayne Kanagy

    Mr. Kanagy is a 35 year-old class A CDL holder in Tennessee. He has 
a history of epilepsy and has remained seizure free since 2000. He 
takes anti-seizure medication with the dosage and frequency remaining 
the same since 2001. His physician states that he is supportive of Mr. 
Kanagy receiving an exemption.

James Randall King

    Mr. King is a 49 year-old driver in Connecticut. He has a history 
of a seizure disorder and has remained seizure free since 2007. He has 
not taken anti-seizure medication since 1988. His physician states that 
he is supportive of Mr. King receiving an exemption.

Scott A. Lowe

    Mr. Lowe is a 58 year-old class A CDL holder in Massachusetts. He 
has a history of a seizure disorder and has remained seizure free since 
1983. 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. Lowe receiving an exemption.

Ronald Alan Nagy, Jr.

    Mr. Nagy is a 29 year-old driver in Michigan. He underwent a 
craniotomy for resection of an astrocytoma in June 2015. 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. Nagy 
receiving an exemption.

Roger Lynn Neal

    Mr. Neal is a 55 year-old class A CDL holder in Missouri. 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. Neal receiving an exemption.

Thomas Victor Oconnor

    Mr. Oconnor is a 46 year-old class A CDL holder in Florida. 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 that time. His physician states that he is 
supportive of Mr. Oconnor receiving an exemption.

Nicholas Ramirez

    Mr. Ramirez is a 37 year-old driver in California. He has a history 
of a seizure disorder and has remained seizure free since 2010. 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. Ramirez receiving an exemption.

Scott William Reaves

    Mr. Reaves is a 52 year-old driver in Texas. 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. 
Reaves receiving an exemption.

Steven Shirley

    Mr. Shirley is a 54 year-old driver in Utah. He has a history of 
epilepsy and has remained seizure free since 1996. He takes anti-
seizure medication with the dosage and frequency remaining the same for 
two years. His physician states that he is supportive of Mr. Shirley 
receiving an exemption.

Tory J. Shuler

    Mr. Shuler is a 47 year-old driver in New York. 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. 
Shuler receiving an exemption.

Randall T. Slavik

    Mr. Slavik is a 70 year-old class A CDL holder in Missouri. He has 
a history of a single seizure in 2015. 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. Slavik receiving an 
exemption.

Michael Spinelli, IV

    Mr. Spinelli is a 41 year-old class C CDL holder in New Jersey. He 
has a history of seizure after being diagnosed with a brain tumor in 
2007. He remained seizure free until June 2015 when he suffered a 
seizure after taking a generic form of his anti-seizure medication. He 
currently takes the brand name form of this anti-seizure medication 
with the dosage and frequency remaining the same since that time. His 
physician states that he is supportive of Mr. Spinelli receiving an 
exemption.

[[Page 12556]]

Matthew Jack Staley

    Mr. Staley is a 43 year-old driver in Colorado. He has a history of 
epilepsy and has remained seizure free since 1999. 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. 
Staley receiving an exemption.

Michael A. Sypolt

    Mr. Sypolt is a 53 year-old class A CDL holder in West Virginia. He 
has a history of a seizure disorder and has remained seizure free since 
1980. He takes anti-seizure medication with the dosage and frequency 
remaining the same for two years. His physician states that he is 
supportive of Mr. Sypolt receiving an exemption.

Daisy Tapia

    Ms. Tapia is a 59 year-old class B CDL holder in New York. She has 
a history of a single provoked seizure in April 2012, followed by a 
resection of a benign meningioma. She takes anti-seizure medication 
with the dosage and frequency remaining the same since that time. Her 
physician states that he is supportive of Ms. Tapia receiving an 
exemption.

Peter M. Thompson

    Mr. Thompson is a 23 year-old class A CDL holder in Florida. He has 
a history of juvenile epilepsy and has remained seizure free since 
2003. He does not take anti-seizure medication. His physician states 
that he is supportive of Mr. Thompson receiving an exemption.

Paul Richard Trombley

    Mr. Trombley is a 41 year-old class A CDL holder in Michigan. He 
has a history of a seizure disorder and has remained seizure free since 
2014. 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. Trombley receiving an exemption.

Mohammad S. Warrad

    Mr. Warrad is a 55 year-old driver in Iowa. He has a history of a 
seizure disorder and has remained seizure free since 1996. He takes 
anti-seizure medication with the dosage and frequency remaining the 
same since March 2014. His physician states that he is supportive of 
Mr. Warrad receiving an exemption.

Richard James Wenner

    Mr. Wenner is a 50 year-old class A CDL holder in Minnesota. He has 
a history of a seizure disorder and has remained seizure free since 
2006. He takes anti-seizure medication with the dosage and frequency 
remaining the same that time. His physician states that he is 
supportive of Mr. Wenner receiving an exemption.

John Charles Wolfe

    Mr. Wolfe is a 55 year-old class A CDL holder in Pennsylvania. He 
has a history of epilepsy and has remained seizure free since 2006. He 
takes anti-seizure medication with the dosage and frequency remaining 
the same that time. His physician states that he is supportive of Mr. 
Wolfe receiving an exemption.

Dennis Raymond Zayic

    Mr. Zayic is a 63 year-old driver in Minnesota. He has a history of 
a seizure following the resection of a benign meningioma in 1995. 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. Zayic 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-2015-0321'' 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-2015-0321 and click ``Search.'' Next, click 
``Open Docket Folder'' and you will find all documents and comments 
related to this notice.

    Issued on: February 26, 2016.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2016-05242 Filed 3-8-16; 8:45 am]
BILLING CODE 4910-EX-P


