12360 Federal Register / Vol. 77, No. 40 / Wednesday, February 29, 2012 / Notices 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–2012–0050] 

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 5 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 March 30, 2012. 

ADDRESSES: You may submit comments 

bearing the Federal Docket Management 

System (FDMS) Docket ID FMCSA– 

2012–0050 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 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 

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 five 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 

Todd Brock 

Mr. Brock is a 53-year-old driver in 

the state of Colorado. He previously 

drove delivery trucks for UPS. He was 

diagnosed with a seizure disorder and 

given anti-seizure medication. He 

continues to take anti-seizure 

medication with the dosage and 

frequency remaining the same for 3 

years. Mr. Brock has been seizure-free 

for 9 years, having his last seizure 

January 2003. If granted the exemption, 

he would return to driving a delivery 

truck for UPS. 

Darren Carroll 

Mr. Carroll is a 37-year-old CMV 

driver in the state of Virginia. Mr. 

Carroll had a single seizure event in 

March 2008 following a blow to the 

back of his head. He has never been on 

anti-seizure medication, remaining 

seizure-free since the single seizure. His 

last seizure was March 2008. 

Charles Johnson 

Mr. Johnson is a 36-year-old CMV 

driver in the state of Kansas. Mr. 

Johnson was diagnosed with petite mal 


tkelley on DSK3SPTVN1PROD with NOTICES
Federal Register / Vol. 77, No. 40 / Wednesday, February 29, 2012 / Notices 12361 

seizures as an infant. These seizures last 

only a few seconds, and he has not had 

any grand mal seizures. His last seizure 

was in April 2011. He has been on antiseizure medication with the dosage and 

frequency remaining the same for 4 

months. If granted the exemption, he 

would return to driving a school bus. 

His physician has released him to return 

to driving. 

Diana Mugford 

Ms. Mugford is a 44-year-old CDL 

driver in the state of Vermont. She was 

diagnosed with complex partial seizures 

and given anti-seizure medication. Her 

last seizure was in 2004. She continues 

to take anti-seizure medication with the 

dosage and frequency remaining the 

same for 8 years. She has remained 

seizure-free for 8 years. If granted the 

exemption, she would return to driving 

tractor trailer trucks in interstate 

commerce. Her physician endorses her 

receiving an exemption and states he 

feels ‘‘she would be among the safer 

drivers on the highway.’’ 

James Wiggins 

Mr. Wiggins is a 57-year-old CMV 

driver in the state of Florida. Mr. 

Wiggins had a single seizure in March 

2008 and was diagnosed with a brain 

tumor. He had the tumor removed in 

April 2008 and put on anti-seizure 

medication. He has been off of any antiseizure medication for 3 years and has 

remained seizure free for 4 years. If 

granted the exemption, he would return 

to driving tractor trailer trucks. 

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: February 22, 2012. 

Larry W. Minor, 

Associate Administrator for Policy. 

[FR Doc. 2012–4869 Filed 2–28–12; 8:45 am] 

BILLING CODE P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[4910–EX–P] 

Qualification of Drivers; Exemption 

Applications; Vision 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), DOT. 

ACTION: Notice of denials. 

SUMMARY: FMCSA announces its denial 

of 115 applications from individuals 

who requested an exemption from the 

Federal vision standard applicable to 

interstate truck and bus drivers and the 

reasons for the denials. FMCSA has 

statutory authority to exempt 

individuals from the vision requirement 

if the exemptions granted will not 

compromise safety. The Agency has 

concluded that granting these 

exemptions does not provide a level of 

safety that will be equivalent to, or 

greater than, the level of safety 

maintained without the exemptions for 

these commercial motor vehicle (CMV) 

drivers. 

FOR FURTHER INFORMATION CONTACT: 

Elaine M. Papp, Chief, Medical 

Programs Division, 202–366–4001, U.S. 

Department of Transportation, FMCSA, 

1200 New Jersey Avenue SE., Room 

W64–224, 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. 31136(e) and 31315, 

FMCSA may grant an exemption from 

the Federal vision standard for a 

renewable 2-year period if it finds ‘‘such 

an exemption would likely achieve a 

level of safety that is equivalent to or 

greater than the level that would be 

achieved absent such an exemption.’’ 

The procedures for requesting an 

exemption are set forth in 49 CFR part 

381. 

Accordingly, FMCSA evaluated 115 

individual exemption requests on their 

merit and made a determination that 

these applicants do not satisfy the 

criteria eligibility or meet the terms and 

conditions of the Federal exemption 

program. Each applicant has, prior to 

this notice, received a letter of final 

disposition on the exemption request. 

Those decision letters fully outlined the 

basis for the denial and constitute final 

Agency action. The list published in 

this notice summarizes the Agency’s 

recent denials as required under 49 

U.S.C. 31315(b)(4) by periodically 

publishing names and reasons for 

denial. 

One applicant, Donald Dickerson, 

lacked sufficient driving experience 

during the 3-year period prior to the 

date of his application. 

The following 21 applicants had no 

experience operating a CMV: 

Michael Meke-Eze 

David M. Krause 

Michael R. Morgan 

Alexander D. Avery 

Alan J. Chmielews 

Kevie D. Clark 

Shatisha Y. Tharrinton 

Garn J. Hickam 

Mohamed Sannoh 

Daniel Ponce 

Amanda Upchurch 

David W. Cox 

Dean A. Saaranen 

David L. Stout 

Kasey L. Tanner 

James J. Perkins 

William N. Wheeler 

Glen Stryker 

Donald F. Evans 

Frank Ferrara 

Michael B. Timmins 

The following 28 applicants did not 

have 3 years of experience driving a 

CMV on public highways with their 

vision deficiencies: 

Russell Burden 

Norvan Brown 

Eddie R. Del Angel 

George E. Gross 

Wayne Figroid 

Darrell E. Graumann 

Heidi J. Morse 

Ian D. Holbin 

Boyd M. Kinzer, Jr. 

Michael Hamm 

Kenneth P. Nichols 

Nicholas E. Lemaster 

Terry Kenne 

Brandon R. Ferguson 

Dennis Yost 

Alex P. Makhanov 

Lonnie L. Tincher 

Jessie A. Tanner 

Gabirl A. Natale 

Martin C. Baschab 

Donald Hooper 

Gregory Chiropolos 

Ronnie G. Lynn 

Malinda N. Parks 

Mark Smith 

Stephen C. Linardos 

Dani A. Alvarez 

Shawn L. Smith 

The following 12 applicants did not 

have 3 years of recent experience 

driving a CMV with the vision 

deficiency: 

Joshua H. Boatright 

Domingo V. Perez 

James F. Blush 

Dean L. Christenson 

George R. Boutin 

Eugene P. Fournier 

Rudolph J. McPhearson 

Saint Marc Louis 

Edgar Daye 

Anthony Bartel 

Ronald Bounds 

Paul L. Baker 

The following 7 applicants did not 

have sufficient driving experience 


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