[Federal Register Volume 77, Number 3 (Thursday, January 5, 2012)]
[Notices]
[Pages 537-539]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-33781]


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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.

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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:
    <bullet> Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the on-line instructions for submitting 
comments.
    <bullet> 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.
    <bullet> 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.
    <bullet> 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

[[Page 538]]

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://Docketinfo.dot.gov.

FOR FURTHER INFORMATION CONTACT: Elaine Papp, Chief, Medical Programs 
Division (202) 366-4001, or via email at <a href="/cdn-cgi/l/email-protection#43252e2030222e26272a20222f03272c376d242c35"><span class="__cf_email__" data-cfemail="f6909b9585979b93929f95979ab6929982d8919980">[email protected]</span></a>, 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 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 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 anti-seizure 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 anti-seizure 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 non-job 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

[[Page 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 anti-seizure 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 anti-seizure 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 anti-seizure 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 anti-seizure 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


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