Federal Register / Vol. 77, No. 3 / Thursday, January 5, 2012 / Notices 537 

complications. Each meets the vision 

requirement at 49 CFR 391.41(b)(10). 

The qualifications and medical 

condition of each applicant were stated 

and discussed in detail in the November 

21, 2011, Federal Register notice and 

they will not be repeated in this notice. 

Discussion of Comment 

FMCSA received two comments in 

this proceeding. The comments were 

considered and discussed below. 

Laura J. Krol of the Pennsylvania 

Department of Transportation has 

reviewed the driving histories of Gerald 

R. Curran, Shawn K. Fleming and 

Kenneth B. Pratt and supports granting 

them waivers. 

Michael R. Simmons of Hoenwald, 

Tennessee expressed his 

disappointment that he cannot obtain a 

Federal waiver, as he is an intrastate 

driver. 

In response to this comment, 

FMCSA’s exemption process supports 

drivers with ITDM who seek to operate 

in interstate commerce. 

Basis for Exemption Determination 

Under 49 U.S.C. 31136(e) and 31315, 

FMCSA may grant an exemption from 

the diabetes requirement in 49 CFR 

391.41(b)(3) if the exemption is likely to 

achieve an equivalent or greater level of 

safety than would be achieved without 

the exemption. The exemption allows 

the applicants to operate CMVs in 

interstate commerce. 

To evaluate the effect of these 

exemptions on safety, FMCSA 

considered medical reports about the 

applicants’ ITDM and vision, and 

reviewed the treating endocrinologists’ 

medical opinion related to the ability of 

the driver to safely operate a CMV while 

using insulin. 

Consequently, FMCSA finds that in 

each case exempting these applicants 

from the diabetes requirement in 49 CFR 

391.41(b)(3) is likely to achieve a level 

of safety equal to that existing without 

the exemption. 

Conditions and Requirements 

The terms and conditions of the 

exemption will be provided to the 

applicants in the exemption document 

and they include the following: (1) That 

each individual submit a quarterly 

monitoring checklist completed by the 

treating endocrinologist as well as an 

annual checklist with a comprehensive 

medical evaluation; (2) that each 

individual reports within 2 business 

days of occurrence, all episodes of 

severe hypoglycemia, significant 

complications, or inability to manage 

diabetes; also, any involvement in an 

accident or any other adverse event in 

a CMV or personal vehicle, whether or 

not it is related to an episode of 

hypoglycemia; (3) that each individual 

provide a copy of the ophthalmologist’s 

or optometrist’s report to the medical 

examiner at the time of the annual 

medical examination; and (4) that each 

individual provide a copy of the annual 

medical certification to the employer for 

retention in the driver’s qualification 

file, or keep a copy in his/her driver’s 

qualification file if he/she is selfemployed. The driver must also have a 

copy of the certification when driving, 

for presentation to a duly authorized 

Federal, State, or local enforcement 

official. 

Conclusion 

Based upon its evaluation of the 

eighteen exemption applications, 

FMCSA exempts, Mark A. Aspden 

(MA), Rodney C. Backus (NY), Peter A. 

Breister (WI), Gerald R. Curran (PA), 

Shawn K. Fleming (PA), Daniel C. 

French (VA), Garry W. Garrison (WI), 

Gregory L. Horton (GA), Anthony B. 

Jones (WI), Jay T. Kirschmann (ND), 

Patrick G. Landers (NY), Paul J. 

Marshall (UT), Robert J. Pierce (MI), 

Kenneth B. Pratt (PA), James G. Rahn 

(IA), Ward A. Stone (WI), Todd J. 

Timmerman (WI) and James L. Weinert 

(OH) from the ITDM requirement in 49 

CFR 391.41(b)(3), subject to the 

conditions listed under ‘‘Conditions and 

Requirements’’ above. 

In accordance with 49 U.S.C. 31136(e) 

and 31315 each exemption will be valid 

for two years unless revoked earlier by 

FMCSA. The exemption will be revoked 

if the following occurs: (1) The person 

fails to comply with the terms and 

conditions of the exemption; (2) the 

exemption has resulted in a lower level 

of safety than was maintained before it 

was granted; or (3) continuation of the 

exemption would not be consistent with 

the goals and objectives of 49 U.S.C. 

31136(e) and 31315. If the exemption is 

still effective at the end of the 2-year 

period, the person may apply to FMCSA 

for a renewal under procedures in effect 

at that time. 

Issued on: December 27, 2011. 

Larry W. Minor, 

Associate Administrator for Policy. 

[FR Doc. 2011–33779 Filed 1–4–12; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–2011–0389] 

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. 

SUMMARY: FMCSA announces receipt of 

applications from 15 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 February 6, 2012. 

ADDRESSES: You may submit comments 

bearing the Federal Docket Management 

System (FDMS) Docket ID FMCSA– 

2011–0389 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. 

Each submission must include the 

Agency name and the docket ID 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 


emcdonald on DSK5VPTVN1PROD with NOTICES
538 Federal Register / Vol. 77, No. 3 / Thursday, January 5, 2012 / Notices 

acknowledgment that we received your 

comments, please include a selfaddressed, 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:// 

Docketinfo.dot.gov. 

FOR FURTHER INFORMATION CONTACT: 

Elaine Papp, Chief, Medical Programs 

Division (202) 366–4001, or via email at 

fmcsamedical@dot.gov, or by letter 

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 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 fifteen 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 non-epileptic 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 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 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 

Christopher Boddie 

Mr. Boddie is a 52-year-old driver in 

the state of Pennsylvania. He had a 

single seizure event in March 2011 that 

his physician believes was the result of 

uncontrolled hypertension. He was 

placed on anti-seizure medication and 

anti-hypertensive medications in March 

2011 and discontinued use in August of 

the same year. He states his blood 

pressure is under control and he 

continues to take his anti-hypertensive 

medication. 

Roger Corvasce 

Mr. Corvasce is a 40-year-old CMV 

driver form the state of New York. He 

was diagnosed with a brain tumor and 

had surgery to remove it successfully in 

January 2010. He was put on antiseizure medication as a precaution after 

the surgery. His last seizure was 

December 2009. He remains on the same 

anti-seizure medication, with the dosage 

and frequency remaining the same for 

2 years. His physician states he that his 

condition is stable. He would like to 

operate tractor trailer trucks in interstate 

commerce. 

Joseph D’Angelo 

Mr. D’Angelo is a 55-year-old CMV 

driver in the state of New York. He had 

a single seizure at the age of 14 in 1970. 

He has remained on anti-seizure 

medication since that time. The dosage 

and frequency of the anti-seizure 

medications have remained the same 

since 2002. His doctor states that his 

condition would not interfere with his 

ability to safely operate a commercial 

motor vehicle. 

Michael Drake 

Mr. Drake is a 37-year-old CMV driver 

in the state of Delaware. Mr. Drake had 

surgery in July 2009 to remove the part 

of his brain that was the focus of his 

seizures. His last seizure was July 2009. 

He is on the same anti-seizure 

medication, with the dosage and 

frequency remaining the same for over 

10 years. His Neurologist states that 

there should be no restriction 

preventing him from having a CDL and 

that would likely obtain a level of safety 

that is equivalent or greater than other 

drivers. 

Virgil Godbey 

Mr. Godbey is a 52-year-old CMV 

driver in the state of Ohio. He was 

diagnosed with complex partial 

epilepsy in 2006. His last seizure was in 

2006. He takes anti-seizure medication. 

The dosage and frequency of the antiseizure medications have remained the 

same for 5 years. He has a good safety 

record in relation to his personal driving 

record and his physician states he is in 

excellent health. 

Ricki Gutermann 

Mr. Gutermann is a 45-year-old driver 

from the state of Wisconsin. He 

previously held a CDL and drove a truck 

for Mobil Oil. He was involved in a nonjob related motor vehicle accident and 

sustained a traumatic head injury. He 

was prescribed anti-seizure medication 

and had two seizures in 1998 while 

physicians were adjusting his 

medication. His last seizure was July 

1998. His physician states he is taking 

the same anti-seizure medication, with 

the dosage and frequency remaining the 

same for 13 years. The physician states 

that he feels it is appropriate to allow 

him to be recertified to drive 

commercial vehicles. 

Glen Hogan 

Mr. Hogan is a 57-year-old CMV 

driver in the state of Wisconsin. Mr. 

Hogan had a single seizure event in 

February 2010 and has been on the same 

anti-seizure medication since that time, 

with the dosage and frequency 

remaining the same for 22 months. His 


emcdonald on DSK5VPTVN1PROD with NOTICES
Federal Register / Vol. 77, No. 3 / Thursday, January 5, 2012 / Notices 539 

last seizure was November 2009. He 

follows up regularly with his physician 

and his blood levels are in a therapeutic 

range. His physician states that he 

believes that in granting Mr. Hogan the 

exemption, he would maintain the same 

level of safety as other CMV drivers. 

Jordan Hyster 

Mr. Hyster is a 22-year-old CMV 

driver in the state of Ohio. Mr. Hyster 

was diagnosed with epilepsy in 2005 

and placed on anti-seizure medication. 

His last seizure was in January 2009, 

after being told to stop his medication 

by previous physician. He is again on 

anti-seizure medication. The dosage and 

frequency of the anti-seizure medication 

has remained the same for 23 months. 

His physician states that he believes that 

Mr. Hyster will likely achieve a level of 

safety expected of drivers as long as he 

remains on medication. 

David R. Kietzman 

Mr. Keitzman is a 49-year-old CMV 

driver in the state of Wisconsin. In 

December 2007 he underwent surgery to 

remove a right parietal vascular 

malformation. His physician states that 

this brain abnormality was the cause of 

his seizures. He has been on the same 

anti-seizure medications with the 

dosage and frequency remaining the 

same since October 2008. His last 

seizure was October 2008. His physician 

states that he is neurologically normal. 

His current employer states that he has 

been an intrastate tractor semi-trailer 

driver for them since 1991 and has 

proven to be a safe, competent, and 

conscientious driver. 

Joseph Kogut 

Mr. Kogut is a 53-year-old CMV driver 

in the state of North Carolina. He was 

involved in a motor vehicle accident in 

1982 and sustained a head injury. 

Following the accident, he had a single 

seizure. He has taken the same antiseizure medication for more than 29 

years with no change in dosage or 

frequency of use. His physician states 

that he feels that Mr. Kogut should be 

allowed to drive CMVs. 

Philip McLain 

Mr. McLain is 47-year old CMV driver 

in the state of Maine. He had a 

nighttime seizure-like episode in August 

2010. He was diagnosed subsequently 

with AVM (Arteriovenous 

Malformation), a brain congenital 

condition. He underwent surgery to 

remove the defect and has had no 

further seizures or seizure-like episodes. 

His last seizure was in August 2010. He 

was given anti-seizure medication 

following the operation and has been off 

the medication since October 2010. He 

remains asymptomatic and his 

physician states she is in favor of 

allowing him to drive without 

restrictions. 

Mr. Andy McNeal 

Mr. McNeal is a 49-year-old driver in 

the state of Indiana. In 2007, he had a 

single seizure event and was diagnosed 

with a brain tumor. He had the tumor 

removed successfully and his last 

seizure was May 2007. He is taking antiseizure medication, with the dosage and 

frequency for over 4 years. He has had 

an electro-encephalogram (EEG) in 2009 

that showed no epileptiform activity 

and an Magnets Imaging Resonance 

(MRI) in 2010 showed no evidence of 

tumor recurrence. His physician states 

that although there is no way to 

guarantee his never having another 

seizure, neurological examination 

currently shows no deficits which 

would impair his safe operation of a 

motor vehicle. 

Lonnie Reiker 

Mr. Reiker is a 52-year-old driver who 

drives in the state of Illinois. Mr. Reiker 

was diagnosed with a brain tumor in 

December 2009 following a single 

seizure event in November 2009. He had 

surgery in March 2010 to remove the 

tumor and has been given anti-seizure 

medication following the surgery. The 

dosage and frequency of the anti-seizure 

medication has remained the same for 

more than 2 years. His last seizure was 

December 2009. Three subsequent MRIs 

indicate no tumor re-growth. His 

physician states that, in his opinion, at 

this time Mr. Reiker’s driving safety is 

equivalent to other CMV drivers. 

Mark A. Smith 

Mr. Smith is a 51-year-old CMV driver 

in the state of California. He had a single 

episode of loss of consciousness in 

August 2010. He is taking the same antiseizure medication with the dosage and 

frequency remaining the same for 16 

months. His last seizure was August 

2010. He is under the regular care of a 

neurologist, who states he is stable and 

doing very well. He states further that 

Mr. Smith is likely to achieve a level of 

safety that is equivalent or greater than 

the level of any other person to drive. 

He would be driving a semi truck and 

seeks to work five days on and then two 

days off. 

Cheryl Woskie 

Ms. Woskie is a 41-year-old Class B 

bus driver in the state of Massachusetts. 

She was diagnosed with a Cavernoma, 

a brain malformation, in October 2010, 

causing her to have three seizures 

within one month. Surgery was 

performed to remove the congenital 

defect and she was placed on antiseizure medication, which was 

discontinued in November 2011. She 

would like to begin driving a bus again. 

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: December 22, 2011. 

Larry W. Minor, 

Associate Administrator for Policy. 

[FR Doc. 2011–33781 Filed 1–4–12; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–2011–0325] 

Qualification of Drivers; Exemption 

Applications; Vision 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), DOT. 

ACTION: Notice of applications for 

exemptions; request for comments. 

SUMMARY: FMCSA announces receipt of 

applications from twelve individuals for 

exemption from the vision requirement 

in the Federal Motor Carrier Safety 

Regulations. If granted, the exemptions 

would enable these individuals to 

qualify as drivers of commercial motor 

vehicles (CMVs) in interstate commerce 

without meeting the Federal vision 

requirement. 

DATES: Comments must be received on 

or before February 6, 2012. 

ADDRESSES: You may submit comments 

bearing the Federal Docket Management 

System (FDMS) Docket No. FMCSA– 

2011–0325 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 


emcdonald on DSK5VPTVN1PROD with NOTICES