Qualification of Drivers; Exemption Applications; Epilepsy and Seizure Disorders, 77916-77919 [2022-27538]
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Federal Register / Vol. 87, No. 243 / Tuesday, December 20, 2022 / Notices
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 15 individuals listed in this
notice have requested an exemption
from the hearing requirement in 49 CFR
391.41(b)(11). 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 hearing found in
§ 391.41(b)(11) states that a person is
physically qualified to drive a CMV if
that person first perceives a forced
whispered voice in the better ear at not
less than 5 feet with or without the use
of a hearing aid or, if tested by use of
an audiometric device, does not have an
average hearing loss in the better ear
greater than 40 decibels at 500 Hz, 1,000
Hz, and 2,000 Hz with or without a
hearing aid when the audiometric
device is calibrated to American
National Standard (formerly ASA
Standard) Z24.5—1951.
This standard was adopted in 1970
and was revised in 1971 to allow drivers
to be qualified under this standard
while wearing a hearing aid, 35 FR
6458, 6463 (Apr. 22, 1970) and 36 FR
12857 (July 3, 1971).
On February 1, 2013, FMCSA
announced in a Notice of Final
Disposition titled, ‘‘Qualification of
Drivers; Application for Exemptions;
National Association of the Deaf,’’ (78
FR 7479), its decision to grant requests
from 40 individuals for exemptions
from the Agency’s physical qualification
standard concerning hearing for
interstate CMV drivers. Since that time
the Agency has published additional
notices granting requests from hard of
hearing and deaf individuals for
exemptions from the Agency’s physical
qualification standard concerning
hearing for interstate CMV drivers.
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III. Qualifications of Applicants
Sean Brodacz
Sean Brodacz, 32, holds a class DM
driver’s license in Illinois.
DEPARTMENT OF TRANSPORTATION
Allen Carrasco, 35, holds a class A
CDL in California.
Federal Motor Carrier Safety
Administration
Matthew Kaschalk
[Docket No. FMCSA–2022–0046]
Matthew Kaschalk, 41, holds a class D
driver’s license in Tennessee.
Qualification of Drivers; Exemption
Applications; Epilepsy and Seizure
Disorders
Jennifer Cowan
Jennifer Cowan, 28, holds a class D
driver’s license in Arkansas.
Chad D’Amore
Chad D’Amore, 21, holds a class C
driver’s license in Pennsylvania.
Fawina Dieteric
Fawina Dieterich, 43, holds a class E
driver’s license in Florida.
Kathryn Dych
Kathryn Dych, 34, holds a driver’s
license in Indiana.
Keith Hulse
Keith Hulse, 51, holds a class DM
driver’s license in Tennessee.
Alexander Jones
Alexander Jones, 21, holds a class R
driver’s license in Mississippi.
Claudio Monegro
Claudio Monegro, 32, holds a class C
driver’s license in Maryland.
Erica Muhm
Erica Muhm, 42, holds a class D
driver’s license in Kentucky.
Brett Ripp
Brett Ripp, 37, holds a class E driver’s
license in Florida.
Wayne Todd
Wayne Todd, 62, holds a class A CDL
in Nebraska.
Christopher Zrimsek
Christopher Zrimsek, 45, holds a class
E driver’s license in Florida.
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.
Travis Bunn
Travis Bunn, 42, holds a class D
driver’s license in Arkansas.
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Allen Carrasco
18:41 Dec 19, 2022
Jkt 259001
[FR Doc. 2022–27536 Filed 12–19–22; 8:45 am]
BILLING CODE 4910–EX–P
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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 20 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 January 19, 2023.
ADDRESSES: You may submit comments
identified by the Federal Docket
Management System Docket No.
FMCSA–2022–0046 using any of the
following methods:
• Federal eRulemaking Portal: Go to
www.regulations.gov/, insert the docket
number (FMCSA–2022–0046) 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, FMCSA, DOT, 1200
New Jersey Avenue SE, Room W64–224,
SUMMARY:
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Federal Register / Vol. 87, No. 243 / Tuesday, December 20, 2022 / Notices
Washington, DC 20590–0001, (202) 366–
4001, fmcsamedical@dot.gov. 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–2022–0046),
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=FMCSA2022-0046. 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. FMCSA will consider
all comments and material received
during the comment period.
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B. Viewing Comments
To view comments, go to
www.regulations.gov. Insert the docket
number (FMCSA–2022–0046) 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.
VerDate Sep<11>2014
18:41 Dec 19, 2022
Jkt 259001
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 (Federal Docket Management System
(FDMS)), which can be reviewed at
https://www.transportation.gov/
individuals/privacy/privacy-act-systemrecords-notices, 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
statutes allow 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 20 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 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
20 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. 243 / Tuesday, December 20, 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).
that he is supportive of Mr. Finan
receiving an exemption.
III. Qualifications of Applicants
Brian Graham is a 47-year-old class A
CDL holder in Montana. He has a
history of generalized epilepsy and has
been seizure free since 2002. He takes
anti-seizure medication with the dosage
and frequency remaining the same since
2014. His physician states that he is
supportive of Mr. Graham receiving an
exemption.
Glen Becht
Glen Becht is a 42-year-old class D
license holder in Tennessee. He has a
history of grand mal seizure and has
been seizure free since 2011. He takes
anti-seizure medication with the dosage
and frequency remaining the same since
2016. His physician states that he is
supportive of Mr. Becht receiving an
exemption.
Cassie Caldera
Cassie Caldera is a 33-year-old class R
license holder in Colorado. She has a
history of generalized convulsive
epilepsy and has been seizure free since
2012. She has not taken anti-seizure
medication since 2013. Her physician
states that she is supportive of Ms.
Caldera receiving an exemption.
Andrew Greenawalt
Andrew Greenawalt is a 24-year-old
class C license holder in Pennsylvania.
He has a history of seizure disorder and
has been seizure free since 2013. He
takes anti-seizure medication with the
dosage and frequency remaining the
same since 2017. His physician states
that he is supportive of Mr. Greenawalt
receiving an exemption.
Michael McKinlay
Joseph Carlisle
Joseph Carlisle is a 42-year-old class
A license holder in Illinois. He has a
history of juvenile myoclonic epilepsy
and has been seizure free over 20 years.
He takes anti-seizure medication with
the dosage and frequency remaining the
same for over 6 years. His physician
states that he is supportive of Mr.
Carlisle receiving an exemption.
Michael McKinlay is a 36-year-old
class F license holder in Missouri. 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. McKinlay receiving an
exemption.
Samuel Collins
Samuel Collins is a 61-year-old class
B commercial driver’s license (CDL)
holder in South Carolina. He has a
history of epilepsy and has been seizure
free since 2009. He takes anti-seizure
medication with the dosage and
frequency remaining the same since
2017. His physician states that he is
supportive of Mr. Collins receiving an
exemption.
Roger Moats is a 50-year-old class A
CDL holder in Oklahoma. He has a
history of epilepsy and has been seizure
free since 1988. He takes anti-seizure
medication with the dosage and
frequency remaining the same since
1988. His physician states that he is
supportive of Mr. Moats receiving an
exemption.
Michael Day
Michael Day is a 47-year-old class A
CDL holder in Arizona. He has a history
of generalized epilepsy and has been
seizure free since 2002. He takes antiseizure medication with the dosage and
frequency remaining the same since
2002. His physician states that he is
supportive of Mr. Day receiving an
exemption.
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Brian Graham
Kevin Finan
Kevin Finan is a 35-year-old class D
license holder in Ohio. He has a history
of juvenile myoclonic epilepsy and has
been seizure free for over 10 years. He
takes anti-seizure medication with the
dosage and frequency remaining the
same since 2014. His physician states
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18:41 Dec 19, 2022
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Roger Moats
Jordan Moriarty
Jordan Moriarty is a 40-year-old class
D license holder in Vermont. He has a
history of epilepsy with generalized
seizures 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. Moriarty receiving an exemption.
Michael Morris
Michael Morris is a 46-year-old class
A CDL holder in Oregon. He has a
history of epilepsy and has been seizure
free since 2007. He takes anti-seizure
medication with the dosage and
frequency remaining the same for over
12 years. His physician states that he is
supportive of Mr. Morris receiving an
exemption.
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Keith Pitzen
Keith Pitzen is a 65-year-old class A
CDL holder in Iowa. He has a history of
partial epilepsy with secondary
generalized seizures and has been
seizure free since 2011. He takes antiseizure medication with the dosage and
frequency remaining the same since
2011. His physician states that he is
supportive of Mr. Pitzen receiving an
exemption.
Matthew Raymond
Matthew 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 antiseizure medication with the dosage and
frequency remaining the same since
1999. His physician states that he is
supportive of Mr. Raymond receiving an
exemption.
Juan Rios
Juan Rios is a 23-year-old class C
license holder in Texas. 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
2018. His physician states that he is
supportive of Mr. Rios receiving an
exemption.
Jason Russell
Jason Russell is a 49-year-old class B
license holder in Iowa. He has a history
of seizure disorder 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. Russell receiving an
exemption.
Reuben Sheets
Rueben Sheets is a 44-year-old class
DM license holder in New York. He has
a history of remote seizure and has been
seizure free since 1996. He takes antiseizure medication with the dosage and
frequency remaining the same since
2017. His physician states that he is
supportive of Mr. Sheets receiving an
exemption.
Eric Stucky
Eric Stucky is a 48-year-old class A
CDL holder in Utah. He has a history of
seizure 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. Stucky receiving an exemption.
Thomas Weber
Thomas Weber is a 44-year-old class
D license holder in New York. He has
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Federal Register / Vol. 87, No. 243 / Tuesday, December 20, 2022 / Notices
a history of seizure disorder 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. Weber receiving an
exemption.
Daniel White
Daniel White is a 46-year-old class A
CDL holder in Nebraska. 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
2019. His physician states that he is
supportive of Mr. White 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. 2022–27538 Filed 12–19–22; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Ms.
Christine A. Hydock, Chief, Medical
Programs Division, FMCSA, DOT, 1200
New Jersey Avenue SE, Room W64–224,
Washington, DC 20590–0001, (202) 366–
4001, fmcsamedical@dot.gov. Office
hours are from 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.
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
I. Public Participation
A. 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
sure someone is there to help you,
please call (202) 366–9317 or (202) 366–
9826 before visiting Dockets Operations.
B. Privacy Act
Federal Motor Carrier Safety
Administration
[FMCSA 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 final disposition.
AGENCY:
FMCSA announces its
decision to exempt 13 individuals from
the requirement in the Federal Motor
Carrier Safety Regulations (FMCSRs)
that interstate commercial motor vehicle
(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.’’
The exemptions enable these
individuals who have had one or more
seizures and are taking anti-seizure
medication to operate CMVs in
interstate commerce.
DATES: The exemptions were applicable
on December 12, 2022. The exemptions
expire on December 12, 2024.
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SUMMARY:
VerDate Sep<11>2014
18:41 Dec 19, 2022
Jkt 259001
In accordance with 49 U.S.C.
31315(b)(6), DOT solicits comments
from the public on the exemption
requests. 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 (Federal Docket Management System
(FDMS)), which can be reviewed at
https://www.transportation.gov/
individuals/privacy/privacy-act-systemrecords-notices, the comments are
searchable by the name of the submitter.
II. Background
On November 1, 2022, FMCSA
published a notice announcing receipt
of applications from 13 individuals
requesting an exemption from the
epilepsy and seizure disorders
prohibition in 49 CFR 391.41(b)(8) and
requested comments from the public (87
FR 65847). The public comment period
ended on December 1, 2022, and no
comments were received.
FMCSA has evaluated the eligibility
of these applicants and determined that
granting exemptions to these
individuals would likely achieve a level
of safety equivalent to, or greater than,
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77919
the level that would be achieved by
complying with § 391.41(b)(8).
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.
III. Discussion of Comments
FMCSA received no comments in this
proceeding.
IV. Basis for Exemption Determination
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
statutes allow the Agency to renew
exemptions at the end of the 5-year
period. However, 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 Agency’s decision regarding these
exemption applications is based on the
2007 recommendations of the Agency’s
Medical Expert Panel. The Agency
conducted an individualized assessment
of each applicant’s medical information,
including the root cause of the
respective seizure(s) and medical
information about the applicant’s
seizure history, the length of time that
has elapsed since the individual’s last
seizure, the stability of each individual’s
treatment regimen and the duration of
time on or off of anti-seizure
medication. In addition, the Agency
reviewed the treating clinician’s
medical opinion related to the ability of
the driver to safely operate a CMV with
a history of seizure and each applicant’s
driving record found in the commercial
driver’s license Information System for
commercial driver’s license (CDL)
holders, and interstate and intrastate
inspections recorded in the Motor
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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]]>Agencies
[Federal Register Volume 87, Number 243 (Tuesday, December 20, 2022)]
[Notices]
[Pages 77916-77919]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-27538]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2022-0046]
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 20 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 January 19, 2023.
ADDRESSES: You may submit comments identified by the Federal Docket
Management System Docket No. FMCSA-2022-0046 using any of the following
methods:
Federal eRulemaking Portal: Go to www.regulations.gov/,
insert the docket number (FMCSA-2022-0046) 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, FMCSA, DOT, 1200 New Jersey Avenue SE, Room
W64-224,
[[Page 77917]]
Washington, DC 20590-0001, (202) 366-4001, [email protected]. 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-2022-0046), 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-2022-0046. 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. 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-2022-0046) 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 (Federal Docket Management System (FDMS)), which can
be reviewed at https://www.transportation.gov/individuals/privacy/privacy-act-system-records-notices, 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 statutes allow 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 20 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 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 20 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 77918]]
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
Glen Becht
Glen Becht is a 42-year-old class D license holder in Tennessee. He
has a history of grand mal seizure and has been seizure free since
2011. He takes anti-seizure medication with the dosage and frequency
remaining the same since 2016. His physician states that he is
supportive of Mr. Becht receiving an exemption.
Cassie Caldera
Cassie Caldera is a 33-year-old class R license holder in Colorado.
She has a history of generalized convulsive epilepsy and has been
seizure free since 2012. She has not taken anti-seizure medication
since 2013. Her physician states that she is supportive of Ms. Caldera
receiving an exemption.
Joseph Carlisle
Joseph Carlisle is a 42-year-old class A license holder in
Illinois. He has a history of juvenile myoclonic epilepsy and has been
seizure free over 20 years. He takes anti-seizure medication with the
dosage and frequency remaining the same for over 6 years. His physician
states that he is supportive of Mr. Carlisle receiving an exemption.
Samuel Collins
Samuel Collins is a 61-year-old class B commercial driver's license
(CDL) holder in South Carolina. He has a history of epilepsy and has
been seizure free since 2009. He takes anti-seizure medication with the
dosage and frequency remaining the same since 2017. His physician
states that he is supportive of Mr. Collins receiving an exemption.
Michael Day
Michael Day is a 47-year-old class A CDL holder in Arizona. He has
a history of generalized epilepsy and has been seizure free since 2002.
He takes anti-seizure medication with the dosage and frequency
remaining the same since 2002. His physician states that he is
supportive of Mr. Day receiving an exemption.
Kevin Finan
Kevin Finan is a 35-year-old class D license holder in Ohio. He has
a history of juvenile myoclonic epilepsy and has been seizure free for
over 10 years. He takes anti-seizure medication with the dosage and
frequency remaining the same since 2014. His physician states that he
is supportive of Mr. Finan receiving an exemption.
Brian Graham
Brian Graham is a 47-year-old class A CDL holder in Montana. He has
a history of generalized epilepsy and has been seizure free since 2002.
He takes anti-seizure medication with the dosage and frequency
remaining the same since 2014. His physician states that he is
supportive of Mr. Graham receiving an exemption.
Andrew Greenawalt
Andrew Greenawalt is a 24-year-old class C license holder in
Pennsylvania. He has a history of seizure disorder and has been seizure
free since 2013. He takes anti-seizure medication with the dosage and
frequency remaining the same since 2017. His physician states that he
is supportive of Mr. Greenawalt receiving an exemption.
Michael McKinlay
Michael McKinlay is a 36-year-old class F license holder in
Missouri. 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. McKinlay receiving an exemption.
Roger Moats
Roger Moats is a 50-year-old class A CDL holder in Oklahoma. He has
a history of epilepsy and has been seizure free since 1988. He takes
anti-seizure medication with the dosage and frequency remaining the
same since 1988. His physician states that he is supportive of Mr.
Moats receiving an exemption.
Jordan Moriarty
Jordan Moriarty is a 40-year-old class D license holder in Vermont.
He has a history of epilepsy with generalized seizures 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. Moriarty receiving an exemption.
Michael Morris
Michael Morris is a 46-year-old class A CDL holder in Oregon. He
has a history of epilepsy and has been seizure free since 2007. He
takes anti-seizure medication with the dosage and frequency remaining
the same for over 12 years. His physician states that he is supportive
of Mr. Morris receiving an exemption.
Keith Pitzen
Keith Pitzen is a 65-year-old class A CDL holder in Iowa. He has a
history of partial epilepsy with secondary generalized seizures and has
been seizure free since 2011. He takes anti-seizure medication with the
dosage and frequency remaining the same since 2011. His physician
states that he is supportive of Mr. Pitzen receiving an exemption.
Matthew Raymond
Matthew 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.
Juan Rios
Juan Rios is a 23-year-old class C license holder in Texas. 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 2018. His physician states that he is supportive of Mr. Rios
receiving an exemption.
Jason Russell
Jason Russell is a 49-year-old class B license holder in Iowa. He
has a history of seizure disorder 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. Russell receiving an exemption.
Reuben Sheets
Rueben Sheets is a 44-year-old class DM license holder in New York.
He has a history of remote seizure and has been seizure free since
1996. He takes anti-seizure medication with the dosage and frequency
remaining the same since 2017. His physician states that he is
supportive of Mr. Sheets receiving an exemption.
Eric Stucky
Eric Stucky is a 48-year-old class A CDL holder in Utah. He has a
history of seizure 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. Stucky
receiving an exemption.
Thomas Weber
Thomas Weber is a 44-year-old class D license holder in New York.
He has
[[Page 77919]]
a history of seizure disorder 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.
Weber receiving an exemption.
Daniel White
Daniel White is a 46-year-old class A CDL holder in Nebraska. 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 2019. His physician states that he is
supportive of Mr. White 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. 2022-27538 Filed 12-19-22; 8:45 am]
BILLING CODE 4910-EX-P
