Qualification of Drivers; Exemption Applications; Epilepsy and Seizure Disorders, 51395-51397 [2023-16592]
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Federal Register / Vol. 88, No. 148 / Thursday, August 3, 2023 / Notices
Jaime Dougherty (MN)
Jeffrey Douglass (ME)
Christopher Nonnenkamp (MO)
Angel Velez-Cruz (NJ)
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2023–0035]
The drivers were included in docket
number FMCSA–2014–0212, FMCSA–
2017–0253, FMCSA–2020–0049, or
FMCSA–2021–0025. Their exemptions
are applicable as of August 13, 2023,
and will expire on August 13, 2025.
V. Conditions and Requirements
The exemptions are extended subject
to the following conditions: (1) each
driver must remain seizure-free and
maintain a stable treatment during the
2-year exemption period; (2) each driver
must submit annual reports from their
treating physicians attesting to the
stability of treatment and that the driver
has remained seizure-free; (3) each
driver must undergo an annual medical
examination by a certified ME, as
defined by § 390.5; and (4) each driver
must provide a copy of the annual
medical certification to the employer for
retention in the driver’s qualification
file, or keep a copy of his/her driver’s
qualification file if he/she is selfemployed. The driver must also have a
copy of the exemption when driving, for
presentation to a duly authorized
Federal, State, or local enforcement
official. The exemption will be
rescinded if: (1) the person fails to
comply with the terms and conditions
of the exemption; (2) the exemption has
resulted in a lower level of safety than
was maintained before it was granted; or
(3) continuation of the exemption would
not be consistent with the goals and
objectives of 49 U.S.C. 31136(e) and
31315(b).
VI. Preemption
During the period the exemption is in
effect, no State shall enforce any law or
regulation that conflicts with this
exemption with respect to a person
operating under the exemption.
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VII. Conclusion
Based on its evaluation of the five
exemption applications, FMCSA renews
the exemptions of the aforementioned
drivers from the epilepsy and seizure
disorders prohibition in § 391.41(b)(8).
In accordance with 49 U.S.C. 31136(e)
and 31315(b), each exemption will be
valid for 2 years unless revoked earlier
by FMCSA.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2023–16596 Filed 8–2–23; 8:45 am]
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17:35 Aug 02, 2023
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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 21 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 September 5, 2023.
ADDRESSES: You may submit comments
identified by the Federal Docket
Management System Docket No.
FMCSA–2023–0035 using any of the
following methods:
• Federal eRulemaking Portal: Go to
www.regulations.gov/, insert the docket
number (FMCSA–2023–0035) in the
keyword box and click ‘‘Search.’’ Next,
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, Washington, DC 20590–
0001.
• Hand Delivery: West Building
Ground Floor, 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,
Washington, DC 20590–0001, (202) 366–
4001, fmcsamedical@dot.gov. Office
hours are 8:30 a.m. to 5 p.m. ET Monday
SUMMARY:
PO 00000
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51395
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–2023–0035),
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
https://www.regulations.gov/docket/
FMCSA-2023-0035/document. Next,
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.
B. Viewing Comments
To view comments go to
www.regulations.gov. Insert the docket
number (FMCSA–2023–0035) in the
keyword box and click ‘‘Search.’’ Next,
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 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,
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51396
Federal Register / Vol. 88, No. 148 / Thursday, August 3, 2023 / Notices
ddrumheller on DSK120RN23PROD with NOTICES1
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), 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 also 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 21 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,
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.
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.
VerDate Sep<11>2014
17:35 Aug 02, 2023
Jkt 259001
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
§ 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).
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III. Qualifications of Applicants
Ashley Aucion
Ashley Aucion is a 31-year-old class
E license holder in Louisiana. They
have a history of seizure disorder and
have been seizure free since May 2014.
They take anti-seizure medication with
the dosage and frequency remaining the
same since August 2013. Their
physician states that they are supportive
of Ashley Aucion receiving an
exemption.
Colby Banks
Colby Banks is a 31-year-old class C
license holder in North Carolina. They
have a history of seizure disorder and
have been seizure free since 2004. They
take anti-seizure medication with the
dosage and frequency remaining the
same since 2006. Their physician states
that they are supportive of Colby Banks
receiving an exemption.
Christopher Beaver
Christopher Beaver is a 52-year-old
class C license holder in Pennsylvania.
They have a history of a single
unprovoked seizure and have been
seizure free since April 2014. They take
anti-seizure medication with the dosage
and frequency remaining the same since
April 2014. Their physician states that
they are supportive of Christopher
Beaver receiving an exemption.
Emil Bigler
Emil Bigler is a 71-year-old class A
commercial driver’s license (CDL)
holder in Utah. They have a history of
isolated seizure and have been seizure
free since 1990. They take anti-seizure
medication with the dosage and
frequency remaining the same since
1990. Their physician states that they
are supportive of Emil Bigler receiving
an exemption.
Timothy Brinkman
Timothy Brinkman is a 29-year-old
class B CDL holder in Nebraska. They
have a history of simple partial seizure
disorder and have been seizure free
since 2011. They take anti-seizure
medication with the dosage and
frequency remaining the same since
March 2021. Their physician states that
they are supportive of Timothy
Brinkman receiving an exemption.
Alexander Carestia
Alexander Carestia is a 30-year-old
class C license holder in North Carolina.
They have a history of generalized
convulsion epilepsy and have been
seizure free since 2014. They take antiseizure medication with the dosage and
frequency remaining the same since
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Federal Register / Vol. 88, No. 148 / Thursday, August 3, 2023 / Notices
supportive of Samuel Isenberg receiving
an exemption.
2014. Their physician states that they
are supportive of Alexander Carestia
receiving an exemption.
Thomas Kepler
Kelly Craft
Kelly Craft is a 52-year-old class D
license holder in Minnesota. They have
a history of focal epilepsy and have
been seizure free since April 2015. They
take anti-seizure medication with the
dosage and frequency remaining the
same since June 2021. Their physician
states that they are supportive of Kelly
Craft receiving an exemption.
Nathan Gager
Nathan Gager is a 40-year-old class D
license holder in Minnesota. They have
a history of juvenile myoclonic epilepsy
and have been seizure free since 1997.
They take anti-seizure medication with
the dosage and frequency remaining the
same since 2003. Their physician states
that they are supportive of Nathan Gager
receiving an exemption.
Kenneth Gradoville
Winterhawk Hunter is a 43-year-old
class AM CDL holder in Nevada. They
have a history of epilepsy and have been
seizure free since July 2000. They take
anti-seizure medication with the dosage
and frequency remaining the same since
2003. Their physician states that they
are supportive of Winterhawk Hunter
receiving an exemption.
Donald Huntley
ddrumheller on DSK120RN23PROD with NOTICES1
Donald Huntley is a 23-year-old class
D license holder in Ohio. They have a
history of generalized epilepsy and have
been seizure free since 2006. They take
anti-seizure medication with the dosage
and frequency remaining the same since
2019. Their physician states that they
are supportive of Donald Huntley
receiving an exemption.
Samuel Isenberg
Samuel Isenberg is a 64-year-old class
C license holder in Pennsylvania. They
have a history of gran mal seizure and
have been seizure free since January
2004. They take anti-seizure medication
with the dosage and frequency
remaining the same since January 2014.
Their physician states that they are
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Brian Manning is a 47-year-old class
D license holder in New Jersey. They
have a history of focal seizures and have
been seizure free since 2012. They take
anti-seizure medication with the dosage
and frequency remaining the same since
2012. Their physician states that they
are supportive of Brian Manning
receiving an exemption.
Devin McKain
Jacob McNally
Winterhawk Hunter
17:35 Aug 02, 2023
Brian Manning
Devin McKain is a 28-year-old
operator license holder in Indiana. They
have a history of seizures and have been
seizure free since May 2011. They take
anti-seizure medication with the dosage
and frequency remaining the same since
August 2017. Their physician states that
they are supportive of Devin McKain
receiving an exemption.
Kenneth Gradoville is a 71-year-old
class B CDL holder in Nebraska. They
have a history of complex partial
seizures and have been seizure free
since 2007. They take anti-seizure
medication with the dosage and
frequency remaining the same since
2007. Their physician states that they
are supportive of Kenneth Gradoville
receiving an exemption.
VerDate Sep<11>2014
Thomas Kepler is a 34-year-old class
E license holder in Missouri. They have
a history of epilepsy and have been
seizure free since 2014. They take antiseizure medication with the dosage and
frequency remaining the same since
2016. Their physician states that they
are supportive of Thomas Kepler
receiving an exemption.
Jacob McNally is a 29-year-old class A
CDL holder in Connecticut. They have
a history of seizure disorder and have
been seizure free since 2015. They take
anti-seizure medication with the dosage
and frequency remaining the same since
2015. Their physician states that they
are supportive of Jacob McNally
receiving an exemption.
51397
Joshua Ross
Joshua Ross is a 39-year-old class D
license holder in Delaware. They have
a history of focal epilepsy and have
been seizure free since 2002. They take
anti-seizure medication with the dosage
and frequency remaining the same since
October 2020. Their physician states
that they are supportive of Joshua Ross
receiving an exemption.
Shawn Springer
Shawn Springer is a 38-year-old class
D license holder in Minnesota. They
have a history of epilepsy and have been
seizure free since 2007. They take antiseizure medication with the dosage and
frequency remaining the same since
2005. Their physician states that they
are supportive of Shawn Springer
receiving an exemption.
Ryan Webb
Ryan Webb is a 43-year-old class C
Chauffeur license holder in Michigan.
They have a history of myoclonic
epilepsy and have been seizure free
since 1999. They take anti-seizure
medication with the dosage and
frequency remaining the same since
January 2015. Their physician states
that they are supportive of Ryan Webb
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.
Chris McNamara
[FR Doc. 2023–16592 Filed 8–2–23; 8:45 am]
Chris McNamara is a 60-year-old class
D license holder in New Hampshire.
They have a history of seizure disorder
and have been seizure free since 2012.
They take anti-seizure medication with
the dosage and frequency remaining the
same since 2020. Their physician states
that they are supportive of Chris
McNamara receiving an exemption.
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Joseph Pitts
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Maritime Administration
[Docket Number MARAD–2023–0163]
Request for Information: Center for
Maritime Innovation
Maritime Administration
(MARAD), Department of
Transportation (DOT).
ACTION: Notice.
AGENCY:
Joseph Pitts is a 65-year-old class BM
license holder in South Carolina. They
have a history of seizure disorder and
have been seizure free since 1973. They
take anti-seizure medication with the
dosage and frequency remaining the
same since 1973. Their physician states
that they are supportive of Joseph Pitts
receiving an exemption.
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DEPARTMENT OF TRANSPORTATION
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This notice requests
information from the public to assist
MARAD in determining how best to
organize and structure a Center for
Maritime Innovation (the ‘‘Center’’).
SUMMARY:
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]]>Agencies
[Federal Register Volume 88, Number 148 (Thursday, August 3, 2023)]
[Notices]
[Pages 51395-51397]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-16592]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2023-0035]
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 21 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 September 5, 2023.
ADDRESSES: You may submit comments identified by the Federal Docket
Management System Docket No. FMCSA-2023-0035 using any of the following
methods:
Federal eRulemaking Portal: Go to www.regulations.gov/,
insert the docket number (FMCSA-2023-0035) in the keyword box and click
``Search.'' Next, 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,
Washington, DC 20590-0001.
Hand Delivery: West Building Ground Floor, 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, 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-2023-0035), 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 https://www.regulations.gov/docket/FMCSA-2023-0035/document. Next, 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-2023-0035) in the keyword box and click ``Search.'' Next,
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 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,
[[Page 51396]]
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), 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 also 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 21 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 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
Ashley Aucion
Ashley Aucion is a 31-year-old class E license holder in Louisiana.
They have a history of seizure disorder and have been seizure free
since May 2014. They take anti-seizure medication with the dosage and
frequency remaining the same since August 2013. Their physician states
that they are supportive of Ashley Aucion receiving an exemption.
Colby Banks
Colby Banks is a 31-year-old class C license holder in North
Carolina. They have a history of seizure disorder and have been seizure
free since 2004. They take anti-seizure medication with the dosage and
frequency remaining the same since 2006. Their physician states that
they are supportive of Colby Banks receiving an exemption.
Christopher Beaver
Christopher Beaver is a 52-year-old class C license holder in
Pennsylvania. They have a history of a single unprovoked seizure and
have been seizure free since April 2014. They take anti-seizure
medication with the dosage and frequency remaining the same since April
2014. Their physician states that they are supportive of Christopher
Beaver receiving an exemption.
Emil Bigler
Emil Bigler is a 71-year-old class A commercial driver's license
(CDL) holder in Utah. They have a history of isolated seizure and have
been seizure free since 1990. They take anti-seizure medication with
the dosage and frequency remaining the same since 1990. Their physician
states that they are supportive of Emil Bigler receiving an exemption.
Timothy Brinkman
Timothy Brinkman is a 29-year-old class B CDL holder in Nebraska.
They have a history of simple partial seizure disorder and have been
seizure free since 2011. They take anti-seizure medication with the
dosage and frequency remaining the same since March 2021. Their
physician states that they are supportive of Timothy Brinkman receiving
an exemption.
Alexander Carestia
Alexander Carestia is a 30-year-old class C license holder in North
Carolina. They have a history of generalized convulsion epilepsy and
have been seizure free since 2014. They take anti-seizure medication
with the dosage and frequency remaining the same since
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2014. Their physician states that they are supportive of Alexander
Carestia receiving an exemption.
Kelly Craft
Kelly Craft is a 52-year-old class D license holder in Minnesota.
They have a history of focal epilepsy and have been seizure free since
April 2015. They take anti-seizure medication with the dosage and
frequency remaining the same since June 2021. Their physician states
that they are supportive of Kelly Craft receiving an exemption.
Nathan Gager
Nathan Gager is a 40-year-old class D license holder in Minnesota.
They have a history of juvenile myoclonic epilepsy and have been
seizure free since 1997. They take anti-seizure medication with the
dosage and frequency remaining the same since 2003. Their physician
states that they are supportive of Nathan Gager receiving an exemption.
Kenneth Gradoville
Kenneth Gradoville is a 71-year-old class B CDL holder in Nebraska.
They have a history of complex partial seizures and have been seizure
free since 2007. They take anti-seizure medication with the dosage and
frequency remaining the same since 2007. Their physician states that
they are supportive of Kenneth Gradoville receiving an exemption.
Winterhawk Hunter
Winterhawk Hunter is a 43-year-old class AM CDL holder in Nevada.
They have a history of epilepsy and have been seizure free since July
2000. They take anti-seizure medication with the dosage and frequency
remaining the same since 2003. Their physician states that they are
supportive of Winterhawk Hunter receiving an exemption.
Donald Huntley
Donald Huntley is a 23-year-old class D license holder in Ohio.
They have a history of generalized epilepsy and have been seizure free
since 2006. They take anti-seizure medication with the dosage and
frequency remaining the same since 2019. Their physician states that
they are supportive of Donald Huntley receiving an exemption.
Samuel Isenberg
Samuel Isenberg is a 64-year-old class C license holder in
Pennsylvania. They have a history of gran mal seizure and have been
seizure free since January 2004. They take anti-seizure medication with
the dosage and frequency remaining the same since January 2014. Their
physician states that they are supportive of Samuel Isenberg receiving
an exemption.
Thomas Kepler
Thomas Kepler is a 34-year-old class E license holder in Missouri.
They have a history of epilepsy and have been seizure free since 2014.
They take anti-seizure medication with the dosage and frequency
remaining the same since 2016. Their physician states that they are
supportive of Thomas Kepler receiving an exemption.
Brian Manning
Brian Manning is a 47-year-old class D license holder in New
Jersey. They have a history of focal seizures and have been seizure
free since 2012. They take anti-seizure medication with the dosage and
frequency remaining the same since 2012. Their physician states that
they are supportive of Brian Manning receiving an exemption.
Devin McKain
Devin McKain is a 28-year-old operator license holder in Indiana.
They have a history of seizures and have been seizure free since May
2011. They take anti-seizure medication with the dosage and frequency
remaining the same since August 2017. Their physician states that they
are supportive of Devin McKain receiving an exemption.
Jacob McNally
Jacob McNally is a 29-year-old class A CDL holder in Connecticut.
They have a history of seizure disorder and have been seizure free
since 2015. They take anti-seizure medication with the dosage and
frequency remaining the same since 2015. Their physician states that
they are supportive of Jacob McNally receiving an exemption.
Chris McNamara
Chris McNamara is a 60-year-old class D license holder in New
Hampshire. They have a history of seizure disorder and have been
seizure free since 2012. They take anti-seizure medication with the
dosage and frequency remaining the same since 2020. Their physician
states that they are supportive of Chris McNamara receiving an
exemption.
Joseph Pitts
Joseph Pitts is a 65-year-old class BM license holder in South
Carolina. They have a history of seizure disorder and have been seizure
free since 1973. They take anti-seizure medication with the dosage and
frequency remaining the same since 1973. Their physician states that
they are supportive of Joseph Pitts receiving an exemption.
Joshua Ross
Joshua Ross is a 39-year-old class D license holder in Delaware.
They have a history of focal epilepsy and have been seizure free since
2002. They take anti-seizure medication with the dosage and frequency
remaining the same since October 2020. Their physician states that they
are supportive of Joshua Ross receiving an exemption.
Shawn Springer
Shawn Springer is a 38-year-old class D license holder in
Minnesota. They have a history of epilepsy and have been seizure free
since 2007. They take anti-seizure medication with the dosage and
frequency remaining the same since 2005. Their physician states that
they are supportive of Shawn Springer receiving an exemption.
Ryan Webb
Ryan Webb is a 43-year-old class C Chauffeur license holder in
Michigan. They have a history of myoclonic epilepsy and have been
seizure free since 1999. They take anti-seizure medication with the
dosage and frequency remaining the same since January 2015. Their
physician states that they are supportive of Ryan Webb 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. 2023-16592 Filed 8-2-23; 8:45 am]
BILLING CODE 4910-EX-P
