Qualification of Drivers; Exemption Applications; Epilepsy and Seizure Disorders, 65847-65849 [2022-23759]
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Federal Register / Vol. 87, No. 210 / Tuesday, November 1, 2022 / Notices
completed with the highest degree of
quality. Reporting responsibilities
include quarterly program performance
reports using the Performance Progress
Report (SF–PPR) and quarterly financial
status using the SF–425 (also known as
the Federal Financial Report or SF–
FFR).
Respondents: Grant recipients.
Frequency: quarterly throughout the
period of performance.
During the project management phase,
each grantee that expends $750,000 or
more during their own fiscal year in all
Federal awards must have a single or
program-specific audit conducted for
that year in accordance with the
provisions of 2 CFR 200.501. (The
$750,000 threshold is not limited to Safe
Streets and Roads for All funding.) This
reporting responsibility is required
annually and uses a form, the SF–SAC.
It is estimated that this survey will take
an average of 100 hours for large
auditees and 21 hours for all other
auditees to complete, including the time
for reviewing instructions, searching
existing data sources, gathering and
maintaining the data needed, and
completing and reviewing the collection
of information.
Respondents: Grant recipients.
Frequency: annually during any fiscal
year in which $750,000 or more in any
Federal funds are expended, throughout
the period of performance.
During the project evaluation phase,
the reporting requirement is necessary
to assess program effectiveness for the
Federal government and to comply with
Subsection 24112(g). This report
provides information regarding how the
project is achieving the outcomes that
grantees have targeted to help measure
the effectiveness of the Safe Streets and
Roads for All Grant Program. In
addition, under Subsection 24112(h), at
the end of the period of performance for
a grant under the program each grant
recipient is required to submit a report
that describes the costs of each eligible
project carried out using the grant
funds; the outcomes and benefits
generated; the lessons learned; and any
recommendations relating to future
projects or strategies.
Respondents: Grant recipients.
Frequency: one time after the period
of performance ends.
Estimated Average Burden per
Response:
• Application phase: approximately
30 hours for the comprehensive safety
action plan grants and 110 hours for the
implementation grants per respondent.
• Grant Agreement phase:
approximately 1 hour per respondent
(comprehensive safety action plan or
implementation grant).
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17:11 Oct 31, 2022
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Æ For grantees expending $750,000 or
more of all Federal funds in a fiscal year
only:
D Approximately 100 hours for large
grantees.
D Approximately 21 hours for all other
grantees.
• Project Management phase: 8 hours
annually per grant.
• Project Evaluation phase: 12 hours
annually per implementation grant; 2
hours annually per action plan grant.
Estimated Total Annual Burden
Hours—first year: Approximately 41
hours, including grant application, for
comprehensive safety action plan grants
and approximately 131 hours, including
grant application, for implementation
grants.
Subsequent years (cumulative): 10
hours for action plan grants (expected
period of performance: 2 years); 48
hours for implementation grants
(expected period of performance: 5
years); add 100 hours for single audits
for large grantees and 21 hours for all
other grantees expending $750,000 or
more of Federal funds in a single fiscal
year.
Public Comments Invited: You are
asked to comment on any aspect of this
information collection, including: (1)
Whether the proposed collection is
necessary for the FHWA’s performance;
(2) the accuracy of the estimated
burdens; (3) ways for the FHWA to
enhance the quality, usefulness, and
clarity of the collected information; and
(4) ways that the burden could be
minimized, including the use of
electronic technology, without reducing
the quality of the collected information.
The agency will summarize and/or
include your comments in the request
for OMB’s clearance of this information
collection.
Authority: The Paperwork Reduction
Act of 1995; 44 U.S.C. Chapter 35, as
amended; 23 U.S.C. 134 and 135; and 23
CFR Chapter 1, subchapter E, part 450.
Dated: October 27, 2022.
Michael Howell,
FHWA Information Collection Officer.
[FR Doc. 2022–23718 Filed 10–31–22; 8:45 am]
BILLING CODE 4910–22–P
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65847
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2022–0045]
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 13 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 December 1, 2022.
ADDRESSES: You may submit comments
identified by the Federal Docket
Management System Docket No.
FMCSA–2022–0045 using any of the
following methods:
• Federal eRulemaking Portal: Go to
www.regulations.gov/, insert the docket
number, FMCSA–2022–0045, in the
keyword box, and click ‘‘Search.’’ Next,
sort the results by ‘‘Posted (NewerOlder),’’ choose the first notice listed,
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,
SUMMARY:
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65848
Federal Register / Vol. 87, No. 210 / Tuesday, November 1, 2022 / Notices
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
lotter on DSK11XQN23PROD with NOTICES1
A. Submitting Comments
If you submit a comment, please
include the docket number for this
notice (Docket No. FMCSA–2022–0045),
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=FMCSA2022-0045. 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
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–2022–0045, 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
VerDate Sep<11>2014
17:11 Oct 31, 2022
Jkt 259001
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 49 U.S.C.
31315(b)(6), DOT solicits comments
from the public on the exemption
request. 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.dot.gov/privacy, the comments are
searchable by the name of the submitter.
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 13 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
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,
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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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
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
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Federal Register / Vol. 87, No. 210 / Tuesday, November 1, 2022 / Notices
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
Ralph Bollman
Mr. Bollman is a 57-year-old class CM
license holder in Pennsylvania. He has
a history of seizure disorder and has
been seizure free since 1984. He takes
anti-seizure medication with the dosage
and frequency remaining the same since
1984. His physician states that he is
supportive of Mr. Bollman receiving an
exemption.
Diane Berggren
Ms. Berggren is a 54-year-old class C
license holder in Oregon. She has a
history of epilepsy and has been seizure
free since 2011. She takes anti-seizure
medication with the dosage and
frequency remaining the same since
2011. Her physician states that he is
supportive of Ms. Berggren receiving an
exemption.
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Ryan Freedman
Mr. Freedman is a 32-year-old
chauffer license holder in Michigan. He
has a history of seizure disorder and has
been seizure free since 2007. He takes
anti-seizure medication with the dosage
and frequency remaining the same since
April 2019. His physician states that he
is supportive of Mr. Freedman receiving
an exemption.
supportive of Mr. Jacobson receiving an
exemption.
supportive of Mr. St. Marthe receiving
an exemption.
Keith Maat
Carsten Thode
Mr. Thode is a 58-year-old class B
CDL holder in Washington. He has a
history of epilepsy and has been seizure
free since 2014. He takes anti-seizure
medication with the dosage and
frequency remaining the same since
1990. His physician states that he is
supportive of Mr. Thode receiving an
exemption.
Mr. Maat is a 37-year-old class C
license holder in Kansas. He has a
history of partial seizures evolving to
secondary generalized seizures disorder
and has been seizure free since 2011. He
takes anti-seizure medication with the
dosage and frequency remaining the
same since July 2019. His physician
states that he is supportive of Mr. Maat
receiving an exemption.
Matthew Raymond
Mr. Raymond is a 34-year-old class B
CDL holder in New York. He has a
history of epilepsy and has been seizure
free since 1999. He takes anti-seizure
medication with the dosage and
frequency remaining the same since
1999. His physician states that he is
supportive of Mr. Raymond receiving an
exemption.
Mr. Rieschick is a 35-year-old class O
license holder in Nebraska. He has a
history of generalized tonic-clonic
seizure disorder and has been seizure
free since 2009. He takes anti-seizure
medication with the dosage and
frequency remaining the same since
2009. His physician states that he is
supportive of Mr. Rieschick receiving an
exemption.
BILLING CODE 4910–EX–P
Steven Schultz
Jacob Higginbotham
Mr. Higginbotham is a 23-year-old
class C license holder in Nevada. He has
a history of epilepsy and has been
seizure free since 2012. He takes antiseizure medication with the dosage and
frequency remaining the same since
2012. His physician states that he is
supportive of Mr. Higginbotham
receiving an exemption.
Mr. Shively is a 53-year-old class C
license holder in Virginia. He has a
history of seizures and has been seizure
free since 1991. He takes anti-seizure
medication with the dosage and
frequency remaining the same since
1991. His physician states that he is
supportive of Mr. Shively receiving an
exemption.
Matthew Jacobson
Mr. Jacobson is a 27-year-old class C
license holder in Pennsylvania. He has
a history of seizures and has been
seizure free since 2013. He takes antiseizure medication with the dosage and
frequency remaining the same since
2016. His physician states that he is
Mr. St. Marthe is a 27-year-old class
C license holder in North Carolina. He
has a history of focal epilepsy with
secondary generalization and has been
seizure free since 2012. He takes antiseizure medication with the dosage and
frequency remaining the same since
2014. His physician states that he is
Jkt 259001
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2022–23759 Filed 10–31–22; 8:45 am]
Mr. Schultz is a 34-year-old class DM
license holder in Illinois. He has a
history of seizures and has been seizure
free since 2001. He takes anti-seizure
medication with the dosage and
frequency remaining the same since
2019. His physician states that he is
supportive of Mr. Schultz receiving an
exemption.
17:11 Oct 31, 2022
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.
Andrew Rieschick
Jared Friedman
Mr. Friedman is a 30-year-old class D
license holder in New York. He has a
history of seizure disorder and has been
seizure free since 2002. He takes antiseizure medication with the dosage and
frequency remaining the same since
May 2019. His physician states that he
is supportive of Mr. Friedman receiving
an exemption.
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65849
David Shively
Stephen St. Marthe
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2015–0329; FMCSA–
2016–0002; FMCSA–2017–0058; FMCSA–
2017–0059; FMCSA–2017–0061; FMCSA–
2018–0135; FMCSA–2018–0138; FMCSA–
2020–0027]
Qualification of Drivers; Exemption
Applications; Hearing
Federal Motor Carrier Safety
Administration (FMCSA), Department
of Transportation (DOT).
ACTION: Notice of renewal of
exemptions; request for comments.
AGENCY:
FMCSA announces its
decision to renew exemptions for 23
individuals from the hearing
requirement in the Federal Motor
Carrier Safety Regulations (FMCSRs) for
interstate commercial motor vehicle
(CMV) drivers. The exemptions enable
these hard of hearing and deaf
individuals to continue to operate CMVs
in interstate commerce.
DATES: Each group of renewed
exemptions were applicable on the
dates stated in the discussions below
and will expire on the dates provided
below. Comments must be received on
or before December 1, 2022.
ADDRESSES: You may submit comments
identified by the Federal Docket
Management System Docket No.
FMCSA–2015–0329, Docket No.
FMCSA–2016–0002, Docket No.
SUMMARY:
E:\FR\FM\01NON1.SGM
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]]>Agencies
[Federal Register Volume 87, Number 210 (Tuesday, November 1, 2022)]
[Notices]
[Pages 65847-65849]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-23759]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2022-0045]
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.
-----------------------------------------------------------------------
SUMMARY: FMCSA announces receipt of applications from 13 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 December 1, 2022.
ADDRESSES: You may submit comments identified by the Federal Docket
Management System Docket No. FMCSA-2022-0045 using any of the following
methods:
Federal eRulemaking Portal: Go to www.regulations.gov/,
insert the docket number, FMCSA-2022-0045, in the keyword box, and
click ``Search.'' Next, sort the results by ``Posted (Newer-Older),''
choose the first notice listed, 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], FMCSA,
DOT,
[[Page 65848]]
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-2022-0045), 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-2022-0045. 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-2022-0045, 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 49 U.S.C. 31315(b)(6), DOT solicits comments
from the public on the exemption request. 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.dot.gov/privacy,
the comments are searchable by the name of the submitter.
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 13 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.
---------------------------------------------------------------------------
\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.
---------------------------------------------------------------------------
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 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
[[Page 65849]]
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
Ralph Bollman
Mr. Bollman is a 57-year-old class CM license holder in
Pennsylvania. He has a history of seizure disorder and has been seizure
free since 1984. He takes anti-seizure medication with the dosage and
frequency remaining the same since 1984. His physician states that he
is supportive of Mr. Bollman receiving an exemption.
Diane Berggren
Ms. Berggren is a 54-year-old class C license holder in Oregon. She
has a history of epilepsy and has been seizure free since 2011. She
takes anti-seizure medication with the dosage and frequency remaining
the same since 2011. Her physician states that he is supportive of Ms.
Berggren receiving an exemption.
Ryan Freedman
Mr. Freedman is a 32-year-old chauffer license holder in Michigan.
He has a history of seizure disorder and has been seizure free since
2007. He takes anti-seizure medication with the dosage and frequency
remaining the same since April 2019. His physician states that he is
supportive of Mr. Freedman receiving an exemption.
Jared Friedman
Mr. Friedman is a 30-year-old class D license holder in New York.
He has a history of seizure disorder and has been seizure free since
2002. He takes anti-seizure medication with the dosage and frequency
remaining the same since May 2019. His physician states that he is
supportive of Mr. Friedman receiving an exemption.
Jacob Higginbotham
Mr. Higginbotham is a 23-year-old class C license holder in Nevada.
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.
Higginbotham receiving an exemption.
Matthew Jacobson
Mr. Jacobson is a 27-year-old class C license holder in
Pennsylvania. He has a history of seizures 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 Mr. Jacobson receiving an exemption.
Keith Maat
Mr. Maat is a 37-year-old class C license holder in Kansas. He has
a history of partial seizures evolving to secondary generalized
seizures disorder and has been seizure free since 2011. He takes anti-
seizure medication with the dosage and frequency remaining the same
since July 2019. His physician states that he is supportive of Mr. Maat
receiving an exemption.
Matthew Raymond
Mr. Raymond is a 34-year-old class B CDL holder in New York. He has
a history of epilepsy and has been seizure free since 1999. He takes
anti-seizure medication with the dosage and frequency remaining the
same since 1999. His physician states that he is supportive of Mr.
Raymond receiving an exemption.
Andrew Rieschick
Mr. Rieschick is a 35-year-old class O license holder in Nebraska.
He has a history of generalized tonic-clonic seizure disorder and has
been seizure free since 2009. He takes anti-seizure medication with the
dosage and frequency remaining the same since 2009. His physician
states that he is supportive of Mr. Rieschick receiving an exemption.
Steven Schultz
Mr. Schultz is a 34-year-old class DM license holder in Illinois.
He has a history of seizures and has been seizure free since 2001. He
takes anti-seizure medication with the dosage and frequency remaining
the same since 2019. His physician states that he is supportive of Mr.
Schultz receiving an exemption.
David Shively
Mr. Shively is a 53-year-old class C license holder in Virginia. He
has a history of seizures and has been seizure free since 1991. He
takes anti-seizure medication with the dosage and frequency remaining
the same since 1991. His physician states that he is supportive of Mr.
Shively receiving an exemption.
Stephen St. Marthe
Mr. St. Marthe is a 27-year-old class C license holder in North
Carolina. He has a history of focal epilepsy with secondary
generalization and has been seizure free since 2012. He takes anti-
seizure medication with the dosage and frequency remaining the same
since 2014. His physician states that he is supportive of Mr. St.
Marthe receiving an exemption.
Carsten Thode
Mr. Thode is a 58-year-old class B CDL holder in Washington. He has
a history of epilepsy and has been seizure free since 2014. He takes
anti-seizure medication with the dosage and frequency remaining the
same since 1990. His physician states that he is supportive of Mr.
Thode receiving an exemption.
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. 2022-23759 Filed 10-31-22; 8:45 am]
BILLING CODE 4910-EX-P
