Qualification of Drivers; Exemption Applications; Epilepsy and Seizure Disorders, 6231-6234 [2022-02203]
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Federal Register / Vol. 87, No. 23 / Thursday, February 3, 2022 / Notices
accumulating 1.8 million miles. He
holds a Class A CDL from Georgia. His
driving record for the last 3 years shows
no crashes and no convictions for
moving violations in a CMV.
Kamaljit S. Dhillon
Mr. Dhillon, 48, has had complete
vision loss in his left eye due to a
traumatic incident in 1994. The visual
acuity in his right eye is 20/20, and in
his left eye, no light perception.
Following an examination in 2021, his
optometrist stated, ‘‘His vision and his
field of vision in his right eye are
excellent and he can therefore safely
operate a commercial vehicle.’’ Mr.
Dhillon reported that he has driven
straight trucks for 10 years,
accumulating 680,000 miles, and
tractor-trailer combinations for 6 years,
accumulating 68,000 miles. He holds a
Class A CDL from Ohio. His driving
record for the last 3 years shows no
crashes and one conviction for a moving
violation in a CMV; failing to obey a
traffic device.
Michael P. Gross
Mr. Gross, 49, has had amblyopia in
his left eye since childhood. The visual
acuity in his right eye is 20/20, and in
his left eye, 20/50. Following an
examination in 2021, his optometrist
stated, ‘‘I certify that, in my medical
opinion, Mr. Gross does have sufficient
visual performance to perform the
visual tasks necessary to operate a
commercial vehicle.’’ Mr. Gross
reported that he has driven straight
trucks for 25 years, accumulating 25
million miles, and tractor-trailer
combinations for 6 years, accumulating
30 million miles. He holds a Class A
CDL from Utah. His driving record for
the last 3 years shows no crashes and no
convictions for moving violations in a
CMV.
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James Mize
Mr. Mize, 33, has optic atrophy in his
left eye since childhood. The visual
acuity in his right eye is 20/20, and in
his left eye, 20/400. Following an
examination in 2021, his
ophthalmologist stated, ‘‘In my medical
opinion, James Mize has sufficient
vision to perform the driving tasks
required to operate a commercial
vehicle.’’ Mr. Mize reported that he has
driven straight trucks for 6 years,
accumulating 60,000 miles. He holds a
Class A CDL from Tennesse. His driving
record for the last 3 years shows no
crashes and no convictions for moving
violations in a CMV.
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Eugene F. Napieralski
Mr. Napieralski, 57, has complete
vision loss in his left eye since birth.
The visual acuity in his right eye is 20/
20, and in his left eye, no light
perception. Following an examination
in 2021, his optometrist stated, ‘‘In my
professional opinion, Mr. Napieralski
has sufficient vision to perform the
driving tasks required to operate a
commercial vehicle.’’ Mr. Napieralski
reported that he has driven straight
trucks for 38 years, accumulating
950,000 miles, and tractor-trailer
combinations for 2 years, accumulating
20,000 miles. He holds a Class A CDL
from Minnesota. His driving record for
the last 3 years shows no crashes and no
convictions for moving violations in a
CMV.
Gerard L. Pagan
Mr. Pagan, 61, has had amblyopia in
his left eye since childhood. The visual
acuity in his right eye is 20/20, and in
his left eye, 20/100. Following an
examination in 2021, his optometrist
stated, ‘‘I certify that upon examining
Jerry Pagan on 9/9/2021, he has
sufficient vision to perform the driving
tasks required to operate a commercial
vehicle.’’ Mr. Pagan reported that he has
driven tractor-trailer combinations for
25 years, accumulating 2 million miles.
He holds a Class A CDL from North
Carolina. His driving record for the last
3 years shows one crash, which he was
not cited for, and no convictions for
moving violations in a CMV.
Sheryl J. Simpson
Ms. Simpson, 58, has had amblyopia
in her left eye since childhood. The
visual acuity in her right eye is 20/25,
and in her left eye, 20/50. Following an
examination in 2021, her optometrist
stated, ‘‘In my medical opinion, Sheryl
has more than sufficient vision to
perform the driving tasks required to
operate a commercial vehicle.’’ Ms.
Simpson reported that she has driven
buses for 8 years, accumulating 704,000
miles. She holds a Class B CDL from
Texas. Her driving record for the last 3
years shows no crashes and no
convictions for moving violations in a
CMV.
Willie J. Smith
Mr. Smith, 64, has corneal opacity in
his right eye due to a traumatic incident
in 1985. The visual acuity in his right
eye is hand motion, and in his left eye,
20/25. Following an examination in
2021, his optometrist stated, ‘‘It is my
medical opinion that the patient has
sufficient vision to perform the driving
tasks required to operate a commercial
motor vehicle.’’ Mr. Smith reported that
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6231
he has driven tractor-trailer
combinations for 40 years, accumulating
2.4 million miles. He holds a Class A
CDL from Texas. His driving record for
the last 3 years shows no crashes and
one conviction for a moving violation in
a CMV: speeding.
IV. Request for Comments
In accordance with 49 U.S.C. 31136(e)
and 31315(b), FMCSA requests public
comment from all interested persons on
the exemption petitions described in
this notice. We will consider all
comments and material received before
the close of business on the closing date
indicated under the DATES section of the
notice.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2022–02204 Filed 2–2–22; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2021–0026]
Qualification of Drivers; Exemption
Applications; Epilepsy and Seizure
Disorders
Federal Motor Carrier Safety
Administration (FMCSA), Department
of Transportation (DOT).
ACTION: Notice of applications for
exemption; request for comments.
AGENCY:
FMCSA announces receipt of
applications from 32 individuals for an
exemption from the prohibition in the
Federal Motor Carrier Safety
Regulations (FMCSRs) against persons
with a clinical diagnosis of epilepsy or
any other condition that is likely to
cause a loss of consciousness or any loss
of ability to control a commercial motor
vehicle (CMV) to drive 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 in interstate commerce.
DATES: Comments must be received on
or before March 7, 2022.
ADDRESSES: You may submit comments
identified by the Federal Docket
Management System (FDMS) Docket No.
FMCSA–2021–0026 using any of the
following methods:
• Federal eRulemaking Portal: Go to
www.regulations.gov/, insert the docket
number, FMCSA–2021–0026, in the
keyword box, and click ‘‘Search.’’ Next,
sort the results by ‘‘Posted (NewerOlder),’’ choose the first notice listed,
SUMMARY:
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Federal Register / Vol. 87, No. 23 / Thursday, February 3, 2022 / Notices
and click on the ‘‘Comment’’ button.
Follow the online instructions for
submitting comments.
• Mail: Dockets Operations; 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
20590–0001 between 9 a.m. and 5 p.m.,
ET, Monday through Friday, except
Federal Holidays.
• Fax: (202) 493–2251.
To avoid duplication, please use only
one of these four methods. See the
‘‘Public Participation’’ portion of the
SUPPLEMENTARY INFORMATION section for
instructions on submitting comments.
FOR FURTHER INFORMATION CONTACT: Ms.
Christine A. Hydock, Chief, Medical
Programs Division, (202) 366–4001,
fmcsamedical@dot.gov, FMCSA, DOT,
1200 New Jersey Avenue SE, Room
W64–224, Washington, DC 20590–0001.
Office hours are 8:30 a.m. to 5 p.m., ET,
Monday through Friday, except Federal
holidays. If you have questions
regarding viewing or submitting
material to the docket, contact Dockets
Operations, (202) 366–9826.
SUPPLEMENTARY INFORMATION:
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I. Public Participation
A. Submitting Comments
If you submit a comment, please
include the docket number for this
notice (Docket No. FMCSA–2021–0026),
indicate the specific section of this
document to which each comment
applies, and provide a reason for each
suggestion or recommendation. 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
www.regulations.gov/docket?D=FMCSA2021-0026. Next, sort the results by
‘‘Posted (Newer-Older),’’ choose the first
notice listed, click the ‘‘Comment’’
button, and type your comment into the
text box on the following screen. Choose
whether you are submitting your
comment as an individual or on behalf
of a third party and then submit.
If you submit your comments by mail
or hand delivery, submit them in an
unbound format, no larger than 81⁄2 by
11 inches, suitable for copying and
electronic filing. If you submit
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comments by mail and would like to
know that they reached the facility,
please enclose a stamped, self-addressed
postcard or envelope.
FMCSA will consider all comments
and material received during the
comment period.
B. Viewing Comments
To view comments go to
www.regulations.gov. Insert the docket
number, FMCSA–2021–0026, in the
keyword box, and click ‘‘Search.’’ Next,
sort the results by ‘‘Posted (NewerOlder),’’ choose the first notice listed,
and click ‘‘Browse Comments.’’ If you
do not have access to the internet, you
may view the docket online by visiting
Dockets Operations in Room W12–140
on the ground floor of the DOT West
Building, 1200 New Jersey Avenue SE,
Washington, DC 20590–0001, between 9
a.m. and 5 p.m., ET, Monday through
Friday, except Federal holidays. To be
sure someone is there to help you,
please call (202) 366–9317 or (202) 366–
9826 before visiting Dockets Operations.
C. Privacy Act
In accordance with 5 U.S.C. 553(c),
DOT solicits comments from the public
to better inform its regulatory process.
DOT posts these comments, without
edit, including any personal information
the commenter provides, to
www.regulations.gov, as described in
the system of records notice (DOT/ALL–
14 FDMS), which can be reviewed at
www.transportation.gov/privacy.
II. Background
Under 49 U.S.C. 31136(e) and
31315(b), FMCSA may grant an
exemption from the FMCSRs for no
longer than a 5-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
statute also allows the Agency to renew
exemptions at the end of the 5-year
period. FMCSA grants medical
exemptions from the FMCSRs for a 2year period to align with the maximum
duration of a driver’s medical
certification.
The 32 individuals listed in this
notice have requested an exemption
from the epilepsy and seizure disorders
prohibition in 49 CFR 391.41(b)(8).
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
§ 391.41(b)(8) states that a person is
physically qualified to drive a CMV if
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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 1 to
assist medical examiners (MEs) in
determining whether drivers with
certain medical conditions are qualified
to operate a CMV in interstate
commerce.
The criteria states that if an individual
has had a sudden episode of a nonepileptic 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 ME 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 has 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 5year period or more.
As a result of MEs 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 ME based
1 These criteria may be found in APPENDIX A TO
PART 391—MEDICAL ADVISORY CRITERIA,
section H. Epilepsy: § 391.41(b)(8), paragraphs 3, 4,
and 5, which is available on the internet at https://
www.gpo.gov/fdsys/pkg/CFR-2015-title49-vol5/pdf/
CFR-2015-title49-vol5-part391-appA.pdf.
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Federal Register / Vol. 87, No. 23 / Thursday, February 3, 2022 / Notices
on the physical qualification standards
and medical best practices.
On January 15, 2013, FMCSA
announced in a Notice of Final
Disposition titled, ‘‘Qualification of
Drivers; Exemption Applications;
Epilepsy and Seizure Disorders,’’ (78 FR
3069), its decision to grant requests from
22 individuals for exemptions from the
regulatory requirement that interstate
CMV drivers have ‘‘no established
medical history or clinical diagnosis of
epilepsy or any other condition which
is likely to cause loss of consciousness
or any loss of ability to control a CMV.’’
Since that time, the Agency has
published additional notices granting
requests from individuals for
exemptions from the regulatory
requirement regarding epilepsy found in
§ 391.41(b)(8).
To be considered for an exemption
from the epilepsy and seizure disorders
prohibition in § 391.41(b)(8), applicants
must meet the criteria in the 2007
recommendations of the Agency’s
Medical Expert Panel (78 FR 3069).
III. Qualifications of Applicants
Andrew Anzalone
Mr. Anzalone is a 24-year old class
DM license holder in Massachusetts. He
has a history of epilepsy and has been
seizure free since 2010. He takes antiseizure medication with the dosage and
frequency remaining the same since
2010. His physician states that he is
supportive of Mr. Anzalone receiving an
exemption.
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Anthony Cavaliere
Mr. Cavaliere is a 33-year old class
BM license holder in New York. He had
a generalized cerebral concussion and
has been seizure free since 2010. He
takes anti-seizure medication with the
dosage and frequency remaining the
same since 2011. His physician states
that he is supportive of Mr. Cavaliere
receiving an exemption.
Shane Chacon
Mr. Chacon is a 53-year old class A
license holder in Idaho. He has a history
of epilepsy and has been seizure free
since 1997. He takes anti-seizure
medication with the dosage and
frequency remaining the same since
2019. His physician states that he is
supportive of Mr. Chacon receiving an
exemption.
Brad Crawford
Mr. Crawford is a 38-year old class E
license holder in Louisiana. He has a
history of generalized epilepsy and has
been seizure free since 2013. He takes
anti-seizure medication with the dosage
and frequency remaining the same since
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2015. His physician states that he is
supportive of Mr. Crawford receiving an
exemption.
Michael Davee
Mr. Davee is a 54-year old class C
license holder in California. He had a
single, provoked seizure in October
2017. He does not take anti-seizure
medication. His physician states that he
is supportive of Mr. Davee receiving an
exemption.
Callon Hegman
Mr. Hegman is a 26-year old class E
license holder in Missouri. He has a
history of juvenile absence epilepsy and
has been seizure free since 2012. He
takes anti-seizure medication with the
dosage and frequency remaining the
same since 2017. His physician states
that he is supportive of Mr. Hegman
receiving an exemption.
Jacob Hitchcock
Mr. Hitchcock is a 31-year old class C
license holder in Iowa. He has a history
of non-intractable epilepsy and has been
seizure free since May 2010. He takes
anti-seizure medication with the dosage
and frequency remaining the same since
2010. His physician states that he is
supportive of Mr. Hitchcock receiving
an exemption.
Holly Hobert
Ms. Hobert is a 27-year old class O
license holder in Nebraska. He has a
history of generalized epilepsy and has
been seizure free since 2013. He takes
anti-seizure medication with the dosage
and frequency remaining the same since
2016. His physician states that he is
supportive of Ms. Hobert receiving an
exemption.
Gary Johnson
Mr. Johnson is a 49-year old class E
license holder in Missouri. He has a
history of chronic epilepsy and has been
seizure free since March 2012. He takes
anti-seizure medication with the dosage
and frequency remaining the same since
2015. His physician states that he is
supportive of Mr. Johnson receiving an
exemption.
Gregory Johnson
Mr. Johnson is a 44-year old class C
license holder in North Carolina. He has
a history of seizures and has been
seizure free since June 2011. He takes
anti-seizure medication with the dosage
and frequency remaining the same since
2013. His physician states that he is
supportive of Mr. Johnson receiving an
exemption.
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Lance Johnson
Mr. Johnson is a 54-year old class D
license holder in Tennessee. He has a
history of complex partial seizures and
has been seizure free since 2009. He
takes anti-seizure medication with the
dosage and frequency remaining the
same since 2018. His physician states
that he is supportive of Mr. Johnson
receiving an exemption.
Alan Keil
Mr. Keil is a 45-year old class three
license holder in Hawaii. He has a
history of epilepsy and has been seizure
free for more than 10 years. He takes
anti-seizure medication with the dosage
and frequency remaining the same since
2011. His physician states that he is
supportive of Mr. Keil receiving an
exemption.
Kim Langan
Mr. Langan is a 59-year old class CM
license holder in California. He has a
history of epilepsy and has been seizure
free since 2013. He takes anti-seizure
medication with the dosage and
frequency remaining the same since
2015. His physician states that he is
supportive of Mr. Langan receiving an
exemption.
Armando Macias-Tovar
Mr. Macias-Tovar is a 34-year old
class E license holder in Florida. He has
a history of generalized epilepsy and
has been seizure free since 2013. He
takes anti-seizure medication with the
dosage and frequency remaining the
same since 2011. His physician states
that he is supportive of Mr. MaciasTovar receiving an exemption.
Christian Mandahl
Mr. Mandahl is a 31-year old class D
license holder in Montana. He has a
history of primary generalized epilepsy
and has been seizure free since 2012. He
takes anti-seizure medication with the
dosage and frequency remaining the
same since 2012. His physician states
that he is supportive of Mr. Mandahl
receiving an exemption.
Joseph Mendoza
Mr. Mendoza is a 48-year old operator
license holder in Indiana. He has a
history of seizure disorder and has been
seizure free since 1996. He takes antiseizure medication with the dosage and
frequency remaining the same since
2013. His physician states that he is
supportive of Mr. Mendoza receiving an
exemption.
Edna Merritt
Ms. Merritt is a 59-year old class D
license holder in Tennessee. She has a
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history of partial complex seizure
disorder and has been seizure free since
2010. She takes anti-seizure medication
with the dosage and frequency
remaining the same since 2007. Her
physician states that he is supportive of
Ms. Merritt receiving an exemption.
Richard Packer
Mr. Packer is a 33-year old class A
license holder in Idaho. He has a history
of non-intractable generalized
idiopathic epilepsy and has been
seizure free since 2003. He takes antiseizure medication with the dosage and
frequency remaining the same since
2003. His physician states that he is
supportive of Mr. Packer receiving an
exemption.
Charles Rivet
Alexander Paradis
Brian Runk
Mr. Paradis is a 24-year old class 10
license holder in Rhode Island. He has
a history of focal epilepsy and has been
seizure free since 2010. He takes antiseizure medication with the dosage and
frequency remaining the same since
2016. His physician states that he is
supportive of Mr. Paradis receiving an
exemption.
Mr. Runk is a 31-year old class A
license holder in Pennsylvania. He has
a history of a single, unprovoked,
nocturnal seizure and has been seizure
free since 2016. He takes anti-seizure
medication with the dosage and
frequency remaining the same since
2017. His physician states that he is
supportive of Mr. Runk receiving an
exemption.
Steven Paul
Mr. Paul is a 60-year old class DM
license holder in Wisconsin. He has a
history of seizure disorder and has been
seizure free since 2012. He takes antiseizure medication with the dosage and
frequency remaining the same since
2013. His physician states that he is
supportive of Mr. Paul receiving an
exemption.
Kevin Podman
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of a single generalized nocturnal seizure
and has been seizure free since August
6, 2020. He takes anti-seizure
medication with the dosage and
frequency remaining the same since
August 6, 2020. His physician states that
he is supportive of Mr. Riley receiving
an exemption.
Mr. Rivet is a 43-year old class 10
license holder in Iowa. He has a history
of complex partial seizure disorder and
has been seizure free since 2013. He
takes anti-seizure medication with the
dosage and frequency remaining the
same since 2012. His physician states
that he is supportive of Mr. Rivet
receiving an exemption.
Lucas Schmidt
Mr. Schmidt is a 41-year old class D
license holder in New York. He has a
history of epilepsy and has been seizure
free since 1997. He takes anti-seizure
medication with the dosage and
frequency remaining the same for more
than 10 years. His physician states that
he is supportive of Mr. Schmidt
receiving an exemption.
Mr. Podman is a 48-year old
commercial driver’s license (CDL)
holder in Illinois. He has a history of an
unprovoked, one-time, generalized
tonic-clonic seizure and has been
seizure free since 2014. He takes antiseizure medication with the dosage and
frequency remaining the same since
2014. His physician states that he is
supportive of Mr. Podman receiving an
exemption.
Bradley Scruggs
Michael Reimer
Mr. Reimer is a 37-year old class C
license holder in California. He has a
history of epilepsy and has been seizure
free since 2012. He takes anti-seizure
medication with the dosage and
frequency remaining the same since
2012. His physician states that he is
supportive of Mr. Reimer receiving an
exemption.
Richard Riley
Mr. Riley is a 66-year old class A
license holder in Iowa. He has a history
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and has been seizure free since 1998. He
takes anti-seizure medication with the
dosage and frequency remaining the
same since 2015. His physician states
that he is supportive of Mr. Smith
receiving an exemption.
Kip West
Mr. West is a 53-year old class R
license holder in Colorado. He has a
history of seizures and has been seizure
free since 1985. He takes anti-seizure
medication with the dosage and
frequency remaining the same since
1985. His physician states that he is
supportive of Mr. West receiving an
exemption.
Derek Wettstein
Mr. Wettstein is a 37-year old class C
license holder in Texas. He has a history
of idiopathic epilepsy and epileptic
syndrome, not intractable, without
status epilepticus and has been seizure
free since 2004. He takes anti-seizure
medication with the dosage and
frequency remaining the same since
2004. His physician states that he is
supportive of Mr. Wettstein receiving an
exemption.
Jeremy Williams
Mr. Williams is a 19-year old CDL
holder in Mississippi. He has a history
of a single unprovoked seizure and has
been seizure free since 2017. He takes
anti-seizure medication with the dosage
and frequency remaining the same since
2018. His physician states that he is
supportive of Mr. Williams receiving an
exemption.
IV. Request for Comments
In accordance with 49 U.S.C. 31136(e)
and 31315(b), 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
under the DATES section of the notice.
Mr. Scruggs is a 27-year old class A
license holder in California. He has a
history of focal awareness seizures and
has been seizure free since 2007. He
takes anti-seizure medication with the
dosage and frequency remaining the
same since 2015. His physician states
that he is supportive of Mr. Scruggs
receiving an exemption.
Larry W. Minor,
Associate Administrator for Policy.
Kacen Shaffer
[FR Doc. 2022–02203 Filed 2–2–22; 8:45 am]
Mr. Shaffer is a 22-year old class R
license holder in Colorado. He has a
history of epilepsy and has been seizure
free since 2013. He takes anti-seizure
medication with the dosage and
frequency remaining the same since
2014. His physician states that he is
supportive of Mr. Shaffer receiving an
exemption.
BILLING CODE 4910–EX–P
Shaen Smith
Mr. Smith is a 53-year old class D
license holder in Minnesota. He has a
history of localization-related epilepsy
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2022–0031]
Qualification of Drivers; Exemption
Applications; Hearing
Federal Motor Carrier Safety
Administration (FMCSA), Department
of Transportation (DOT).
AGENCY:
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]]>Agencies
[Federal Register Volume 87, Number 23 (Thursday, February 3, 2022)]
[Notices]
[Pages 6231-6234]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-02203]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2021-0026]
Qualification of Drivers; Exemption Applications; Epilepsy and
Seizure Disorders
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), Department
of Transportation (DOT).
ACTION: Notice of applications for exemption; request for comments.
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SUMMARY: FMCSA announces receipt of applications from 32 individuals
for an exemption from the prohibition in the Federal Motor Carrier
Safety Regulations (FMCSRs) against persons with a clinical diagnosis
of epilepsy or any other condition that is likely to cause a loss of
consciousness or any loss of ability to control a commercial motor
vehicle (CMV) to drive 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 in
interstate commerce.
DATES: Comments must be received on or before March 7, 2022.
ADDRESSES: You may submit comments identified by the Federal Docket
Management System (FDMS) Docket No. FMCSA-2021-0026 using any of the
following methods:
Federal eRulemaking Portal: Go to www.regulations.gov/,
insert the docket number, FMCSA-2021-0026, in the keyword box, and
click ``Search.'' Next, sort the results by ``Posted (Newer-Older),''
choose the first notice listed,
[[Page 6232]]
and click on the ``Comment'' button. Follow the online instructions for
submitting comments.
Mail: Dockets Operations; 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 20590-0001 between 9 a.m. and
5 p.m., ET, Monday through Friday, except Federal Holidays.
Fax: (202) 493-2251.
To avoid duplication, please use only one of these four methods.
See the ``Public Participation'' portion of the SUPPLEMENTARY
INFORMATION section for instructions on submitting comments.
FOR FURTHER INFORMATION CONTACT: Ms. Christine A. Hydock, Chief,
Medical Programs Division, (202) 366-4001, [email protected]ot.gov, FMCSA,
DOT, 1200 New Jersey Avenue SE, Room W64-224, Washington, DC 20590-
0001. Office hours are 8:30 a.m. to 5 p.m., ET, Monday through Friday,
except Federal holidays. If you have questions regarding viewing or
submitting material to the docket, contact Dockets Operations, (202)
366-9826.
SUPPLEMENTARY INFORMATION:
I. Public Participation
A. Submitting Comments
If you submit a comment, please include the docket number for this
notice (Docket No. FMCSA-2021-0026), indicate the specific section of
this document to which each comment applies, and provide a reason for
each suggestion or recommendation. 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 www.regulations.gov/docket?D=FMCSA-2021-0026. Next, sort the results by ``Posted (Newer-
Older),'' choose the first notice listed, click the ``Comment'' button,
and type your comment into the text box on the following screen. Choose
whether you are submitting your comment as an individual or on behalf
of a third party and then submit.
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.
FMCSA will consider all comments and material received during the
comment period.
B. Viewing Comments
To view comments go to www.regulations.gov. Insert the docket
number, FMCSA-2021-0026, in the keyword box, and click ``Search.''
Next, sort the results by ``Posted (Newer-Older),'' choose the first
notice listed, and click ``Browse Comments.'' If you do not have access
to the internet, you may view the docket online by visiting Dockets
Operations in Room W12-140 on the ground floor of the DOT West
Building, 1200 New Jersey Avenue SE, Washington, DC 20590-0001, between
9 a.m. and 5 p.m., ET, Monday through Friday, except Federal holidays.
To be sure someone is there to help you, please call (202) 366-9317 or
(202) 366-9826 before visiting Dockets Operations.
C. Privacy Act
In accordance with 5 U.S.C. 553(c), DOT solicits comments from the
public to better inform its regulatory process. DOT posts these
comments, without edit, including any personal information the
commenter provides, to www.regulations.gov, as described in the system
of records notice (DOT/ALL-14 FDMS), which can be reviewed at
www.transportation.gov/privacy.
II. Background
Under 49 U.S.C. 31136(e) and 31315(b), FMCSA may grant an exemption
from the FMCSRs for no longer than a 5-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 statute also allows the Agency to renew exemptions at
the end of the 5-year period. FMCSA grants medical exemptions from the
FMCSRs for a 2-year period to align with the maximum duration of a
driver's medical certification.
The 32 individuals listed in this notice have requested an
exemption from the epilepsy and seizure disorders prohibition in 49 CFR
391.41(b)(8). 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 Sec. 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 \1\ to assist medical examiners (MEs) in determining whether
drivers with certain medical conditions are qualified to operate a CMV
in interstate commerce.
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\1\ These criteria may be found in APPENDIX A TO PART 391--
MEDICAL ADVISORY CRITERIA, section H. Epilepsy: Sec. 391.41(b)(8),
paragraphs 3, 4, and 5, which is available on the internet at
https://www.gpo.gov/fdsys/pkg/CFR-2015-title49-vol5/pdf/CFR-2015-title49-vol5-part391-appA.pdf.
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The criteria 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 ME 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 has 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 MEs 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 ME based
[[Page 6233]]
on the physical qualification standards and medical best practices.
On January 15, 2013, FMCSA announced in a Notice of Final
Disposition titled, ``Qualification of Drivers; Exemption Applications;
Epilepsy and Seizure Disorders,'' (78 FR 3069), its decision to grant
requests from 22 individuals for exemptions from the regulatory
requirement that interstate CMV drivers have ``no established medical
history or clinical diagnosis of epilepsy or any other condition which
is likely to cause loss of consciousness or any loss of ability to
control a CMV.'' Since that time, the Agency has published additional
notices granting requests from individuals for exemptions from the
regulatory requirement regarding epilepsy found in Sec. 391.41(b)(8).
To be considered for an exemption from the epilepsy and seizure
disorders prohibition in Sec. 391.41(b)(8), applicants must meet the
criteria in the 2007 recommendations of the Agency's Medical Expert
Panel (78 FR 3069).
III. Qualifications of Applicants
Andrew Anzalone
Mr. Anzalone is a 24-year old class DM license holder in
Massachusetts. He has a history of epilepsy and has been seizure free
since 2010. He takes anti-seizure medication with the dosage and
frequency remaining the same since 2010. His physician states that he
is supportive of Mr. Anzalone receiving an exemption.
Anthony Cavaliere
Mr. Cavaliere is a 33-year old class BM license holder in New York.
He had a generalized cerebral concussion and has been seizure free
since 2010. He takes anti-seizure medication with the dosage and
frequency remaining the same since 2011. His physician states that he
is supportive of Mr. Cavaliere receiving an exemption.
Shane Chacon
Mr. Chacon is a 53-year old class A license holder in Idaho. He has
a history of epilepsy and has been seizure free since 1997. He takes
anti-seizure medication with the dosage and frequency remaining the
same since 2019. His physician states that he is supportive of Mr.
Chacon receiving an exemption.
Brad Crawford
Mr. Crawford is a 38-year old class E license holder in Louisiana.
He has a history of generalized epilepsy and has been seizure free
since 2013. He takes anti-seizure medication with the dosage and
frequency remaining the same since 2015. His physician states that he
is supportive of Mr. Crawford receiving an exemption.
Michael Davee
Mr. Davee is a 54-year old class C license holder in California. He
had a single, provoked seizure in October 2017. He does not take anti-
seizure medication. His physician states that he is supportive of Mr.
Davee receiving an exemption.
Callon Hegman
Mr. Hegman is a 26-year old class E license holder in Missouri. He
has a history of juvenile absence epilepsy and has been seizure free
since 2012. He takes anti-seizure medication with the dosage and
frequency remaining the same since 2017. His physician states that he
is supportive of Mr. Hegman receiving an exemption.
Jacob Hitchcock
Mr. Hitchcock is a 31-year old class C license holder in Iowa. He
has a history of non-intractable epilepsy and has been seizure free
since May 2010. He takes anti-seizure medication with the dosage and
frequency remaining the same since 2010. His physician states that he
is supportive of Mr. Hitchcock receiving an exemption.
Holly Hobert
Ms. Hobert is a 27-year old class O license holder in Nebraska. He
has a history of generalized epilepsy and has been seizure free since
2013. He takes anti-seizure medication with the dosage and frequency
remaining the same since 2016. His physician states that he is
supportive of Ms. Hobert receiving an exemption.
Gary Johnson
Mr. Johnson is a 49-year old class E license holder in Missouri. He
has a history of chronic epilepsy and has been seizure free since March
2012. He takes anti-seizure medication with the dosage and frequency
remaining the same since 2015. His physician states that he is
supportive of Mr. Johnson receiving an exemption.
Gregory Johnson
Mr. Johnson is a 44-year old class C license holder in North
Carolina. He has a history of seizures and has been seizure free since
June 2011. He takes anti-seizure medication with the dosage and
frequency remaining the same since 2013. His physician states that he
is supportive of Mr. Johnson receiving an exemption.
Lance Johnson
Mr. Johnson is a 54-year old class D license holder in Tennessee.
He has a history of complex partial seizures and has been seizure free
since 2009. He takes anti-seizure medication with the dosage and
frequency remaining the same since 2018. His physician states that he
is supportive of Mr. Johnson receiving an exemption.
Alan Keil
Mr. Keil is a 45-year old class three license holder in Hawaii. He
has a history of epilepsy and has been seizure free for more than 10
years. He takes anti-seizure medication with the dosage and frequency
remaining the same since 2011. His physician states that he is
supportive of Mr. Keil receiving an exemption.
Kim Langan
Mr. Langan is a 59-year old class CM license holder in California.
He has a history of epilepsy and has been seizure free since 2013. He
takes anti-seizure medication with the dosage and frequency remaining
the same since 2015. His physician states that he is supportive of Mr.
Langan receiving an exemption.
Armando Macias-Tovar
Mr. Macias-Tovar is a 34-year old class E license holder in
Florida. He has a history of generalized epilepsy and has been seizure
free since 2013. He takes anti-seizure medication with the dosage and
frequency remaining the same since 2011. His physician states that he
is supportive of Mr. Macias-Tovar receiving an exemption.
Christian Mandahl
Mr. Mandahl is a 31-year old class D license holder in Montana. He
has a history of primary generalized epilepsy and has been seizure free
since 2012. He takes anti-seizure medication with the dosage and
frequency remaining the same since 2012. His physician states that he
is supportive of Mr. Mandahl receiving an exemption.
Joseph Mendoza
Mr. Mendoza is a 48-year old operator license holder in Indiana. He
has a history of seizure disorder and has been seizure free since 1996.
He takes anti-seizure medication with the dosage and frequency
remaining the same since 2013. His physician states that he is
supportive of Mr. Mendoza receiving an exemption.
Edna Merritt
Ms. Merritt is a 59-year old class D license holder in Tennessee.
She has a
[[Page 6234]]
history of partial complex seizure disorder and has been seizure free
since 2010. She takes anti-seizure medication with the dosage and
frequency remaining the same since 2007. Her physician states that he
is supportive of Ms. Merritt receiving an exemption.
Richard Packer
Mr. Packer is a 33-year old class A license holder in Idaho. He has
a history of non-intractable generalized idiopathic epilepsy and has
been seizure free since 2003. He takes anti-seizure medication with the
dosage and frequency remaining the same since 2003. His physician
states that he is supportive of Mr. Packer receiving an exemption.
Alexander Paradis
Mr. Paradis is a 24-year old class 10 license holder in Rhode
Island. He has a history of focal epilepsy and has been seizure free
since 2010. He takes anti-seizure medication with the dosage and
frequency remaining the same since 2016. His physician states that he
is supportive of Mr. Paradis receiving an exemption.
Steven Paul
Mr. Paul is a 60-year old class DM license holder in Wisconsin. He
has a history of seizure disorder and has been seizure free since 2012.
He takes anti-seizure medication with the dosage and frequency
remaining the same since 2013. His physician states that he is
supportive of Mr. Paul receiving an exemption.
Kevin Podman
Mr. Podman is a 48-year old commercial driver's license (CDL)
holder in Illinois. He has a history of an unprovoked, one-time,
generalized tonic-clonic seizure and has been seizure free since 2014.
He takes anti-seizure medication with the dosage and frequency
remaining the same since 2014. His physician states that he is
supportive of Mr. Podman receiving an exemption.
Michael Reimer
Mr. Reimer is a 37-year old class C license holder in California.
He has a history of epilepsy and has been seizure free since 2012. He
takes anti-seizure medication with the dosage and frequency remaining
the same since 2012. His physician states that he is supportive of Mr.
Reimer receiving an exemption.
Richard Riley
Mr. Riley is a 66-year old class A license holder in Iowa. He has a
history of a single generalized nocturnal seizure and has been seizure
free since August 6, 2020. He takes anti-seizure medication with the
dosage and frequency remaining the same since August 6, 2020. His
physician states that he is supportive of Mr. Riley receiving an
exemption.
Charles Rivet
Mr. Rivet is a 43-year old class 10 license holder in Iowa. He has
a history of complex partial seizure disorder and has been seizure free
since 2013. He takes anti-seizure medication with the dosage and
frequency remaining the same since 2012. His physician states that he
is supportive of Mr. Rivet receiving an exemption.
Brian Runk
Mr. Runk is a 31-year old class A license holder in Pennsylvania.
He has a history of a single, unprovoked, nocturnal seizure and has
been seizure free since 2016. He takes anti-seizure medication with the
dosage and frequency remaining the same since 2017. His physician
states that he is supportive of Mr. Runk receiving an exemption.
Lucas Schmidt
Mr. Schmidt is a 41-year old class D license holder in New York. He
has a history of epilepsy and has been seizure free since 1997. He
takes anti-seizure medication with the dosage and frequency remaining
the same for more than 10 years. His physician states that he is
supportive of Mr. Schmidt receiving an exemption.
Bradley Scruggs
Mr. Scruggs is a 27-year old class A license holder in California.
He has a history of focal awareness seizures and has been seizure free
since 2007. He takes anti-seizure medication with the dosage and
frequency remaining the same since 2015. His physician states that he
is supportive of Mr. Scruggs receiving an exemption.
Kacen Shaffer
Mr. Shaffer is a 22-year old class R license holder in Colorado. He
has a history of epilepsy and has been seizure free since 2013. He
takes anti-seizure medication with the dosage and frequency remaining
the same since 2014. His physician states that he is supportive of Mr.
Shaffer receiving an exemption.
Shaen Smith
Mr. Smith is a 53-year old class D license holder in Minnesota. He
has a history of localization-related epilepsy and has been seizure
free since 1998. He takes anti-seizure medication with the dosage and
frequency remaining the same since 2015. His physician states that he
is supportive of Mr. Smith receiving an exemption.
Kip West
Mr. West is a 53-year old class R license holder in Colorado. He
has a history of seizures and has been seizure free since 1985. He
takes anti-seizure medication with the dosage and frequency remaining
the same since 1985. His physician states that he is supportive of Mr.
West receiving an exemption.
Derek Wettstein
Mr. Wettstein is a 37-year old class C license holder in Texas. He
has a history of idiopathic epilepsy and epileptic syndrome, not
intractable, without status epilepticus and has been seizure free since
2004. He takes anti-seizure medication with the dosage and frequency
remaining the same since 2004. His physician states that he is
supportive of Mr. Wettstein receiving an exemption.
Jeremy Williams
Mr. Williams is a 19-year old CDL holder in Mississippi. He has a
history of a single unprovoked seizure and has been seizure free since
2017. He takes anti-seizure medication with the dosage and frequency
remaining the same since 2018. His physician states that he is
supportive of Mr. Williams receiving an exemption.
IV. Request for Comments
In accordance with 49 U.S.C. 31136(e) and 31315(b), 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 under the DATES
section of the notice.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2022-02203 Filed 2-2-22; 8:45 am]
BILLING CODE 4910-EX-P
