Notice2022-02203
Qualification of Drivers; Exemption Applications; Epilepsy and Seizure Disorders
Primary source
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Published
February 3, 2022
Issuing agencies
Transportation DepartmentFederal Motor Carrier Safety Administration
Abstract
FMCSA announces receipt of applications from 32 individuals for an exemption from the prohibition in the Federal Motor Carrier Safety Regulations (FMCSRs) against persons with a clinical diagnosis of epilepsy or any other condition that is likely to cause a loss of consciousness or any loss of ability to control a commercial motor vehicle (CMV) to drive in interstate commerce. If granted, the exemptions would enable these individuals who have had one or more seizures and are taking anti-seizure medication to operate CMVs in interstate commerce.
Full Text
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<title>Federal Register, Volume 87 Issue 23 (Thursday, February 3, 2022)</title>
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[Federal Register Volume 87, Number 23 (Thursday, February 3, 2022)]
[Notices]
[Pages 6231-6234]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-02203]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2021-0026]
Qualification of Drivers; Exemption Applications; Epilepsy and
Seizure Disorders
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), Department
of Transportation (DOT).
ACTION: Notice of applications for exemption; request for comments.
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SUMMARY: FMCSA announces receipt of applications from 32 individuals
for an exemption from the prohibition in the Federal Motor Carrier
Safety Regulations (FMCSRs) against persons with a clinical diagnosis
of epilepsy or any other condition that is likely to cause a loss of
consciousness or any loss of ability to control a commercial motor
vehicle (CMV) to drive in interstate commerce. If granted, the
exemptions would enable these individuals who have had one or more
seizures and are taking anti-seizure medication to operate CMVs in
interstate commerce.
DATES: Comments must be received on or before March 7, 2022.
ADDRESSES: You may submit comments identified by the Federal Docket
Management System (FDMS) Docket No. FMCSA-2021-0026 using any of the
following methods:
<bullet> Federal eRulemaking Portal: Go to <a href="http://www.regulations.gov/">www.regulations.gov/</a>,
insert the docket number, FMCSA-2021-0026, in the keyword box, and
click ``Search.'' Next, sort the results by ``Posted (Newer-Older),''
choose the first notice listed,
[[Page 6232]]
and click on the ``Comment'' button. Follow the online instructions for
submitting comments.
<bullet> Mail: Dockets Operations; U.S. Department of
Transportation, 1200 New Jersey Avenue SE, West Building Ground Floor,
Room W12-140, Washington, DC 20590-0001.
<bullet> 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.
<bullet> 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, <a href="/cdn-cgi/l/email-protection#a4c2c9c7d7c5c9c1c0cdc7c5c8e4c0cbd08ac3cbd2"><span class="__cf_email__" data-cfemail="e88e858b9b89858d8c818b8984a88c879cc68f879e">[email protected]</span></a>, FMCSA,
DOT, 1200 New Jersey Avenue SE, Room W64-224, Washington, DC 20590-
0001. Office hours are 8:30 a.m. to 5 p.m., ET, Monday through Friday,
except Federal holidays. If you have questions regarding viewing or
submitting material to the docket, contact Dockets Operations, (202)
366-9826.
SUPPLEMENTARY INFORMATION:
I. Public Participation
A. Submitting Comments
If you submit a comment, please include the docket number for this
notice (Docket No. FMCSA-2021-0026), indicate the specific section of
this document to which each comment applies, and provide a reason for
each suggestion or recommendation. You may submit your comments and
material online or by fax, mail, or hand delivery, but please use only
one of these means. FMCSA recommends that you include your name and a
mailing address, an email address, or a phone number in the body of
your document so that FMCSA can contact you if there are questions
regarding your submission.
To submit your comment online, go to <a href="http://www.regulations.gov/docket?D=FMCSA-2021-0026">www.regulations.gov/docket?D=FMCSA-2021-0026</a>. 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 <a href="http://www.regulations.gov">www.regulations.gov</a>. Insert the docket
number, FMCSA-2021-0026, in the keyword box, and click ``Search.''
Next, sort the results by ``Posted (Newer-Older),'' choose the first
notice listed, and click ``Browse Comments.'' If you do not have access
to the internet, you may view the docket online by visiting Dockets
Operations in Room W12-140 on the ground floor of the DOT West
Building, 1200 New Jersey Avenue SE, Washington, DC 20590-0001, between
9 a.m. and 5 p.m., ET, Monday through Friday, except Federal holidays.
To be sure someone is there to help you, please call (202) 366-9317 or
(202) 366-9826 before visiting Dockets Operations.
C. Privacy Act
In accordance with 5 U.S.C. 553(c), DOT solicits comments from the
public to better inform its regulatory process. DOT posts these
comments, without edit, including any personal information the
commenter provides, to <a href="http://www.regulations.gov">www.regulations.gov</a>, as described in the system
of records notice (DOT/ALL-14 FDMS), which can be reviewed at
<a href="http://www.transportation.gov/privacy">www.transportation.gov/privacy</a>.
II. Background
Under 49 U.S.C. 31136(e) and 31315(b), FMCSA may grant an exemption
from the FMCSRs for no longer than a 5-year period if it finds such
exemption would likely achieve a level of safety that is equivalent to,
or greater than, the level that would be achieved absent such
exemption. The statute also allows the Agency to renew exemptions at
the end of the 5-year period. FMCSA grants medical exemptions from the
FMCSRs for a 2-year period to align with the maximum duration of a
driver's medical certification.
The 32 individuals listed in this notice have requested an
exemption from the epilepsy and seizure disorders prohibition in 49 CFR
391.41(b)(8). Accordingly, the Agency will evaluate the qualifications
of each applicant to determine whether granting the exemption will
achieve the required level of safety mandated by statute.
The physical qualification standard for drivers regarding epilepsy
found in Sec. 391.41(b)(8) states that a person is physically
qualified to drive a CMV if that person has no established medical
history or clinical diagnosis of epilepsy or any other condition which
is likely to cause the loss of consciousness or any loss of ability to
control a CMV.
In addition to the regulations, FMCSA has published advisory
criteria \1\ to assist medical examiners (MEs) in determining whether
drivers with certain medical conditions are qualified to operate a CMV
in interstate commerce.
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\1\ These criteria may be found in APPENDIX A TO PART 391--
MEDICAL ADVISORY CRITERIA, section H. Epilepsy: Sec. 391.41(b)(8),
paragraphs 3, 4, and 5, which is available on the internet at
<a href="https://www.gpo.gov/fdsys/pkg/CFR-2015-title49-vol5/pdf/CFR-2015-title49-vol5-part391-appA.pdf">https://www.gpo.gov/fdsys/pkg/CFR-2015-title49-vol5/pdf/CFR-2015-title49-vol5-part391-appA.pdf</a>.
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The criteria states that if an individual has had a sudden episode
of a non-epileptic seizure or loss of consciousness of unknown cause
that did not require anti-seizure medication, the decision whether that
person's condition is likely to cause the loss of consciousness or loss
of ability to control a CMV should be made on an individual basis by
the ME in consultation with the treating physician. Before
certification is considered, it is suggested that a 6-month waiting
period elapse from the time of the episode. Following the waiting
period, it is suggested that the individual have a complete
neurological examination. If the results of the examination are
negative and anti-seizure medication is not required, then the driver
may be qualified.
In those individual cases where a driver has had a seizure or an
episode of loss of consciousness that resulted from a known medical
condition (e.g., drug reaction, high temperature, acute infectious
disease, dehydration, or acute metabolic disturbance), certification
should be deferred until the driver has recovered fully from that
condition, has no existing residual complications, and is not taking
anti-seizure medication.
Drivers who have a history of epilepsy/seizures, off anti-seizure
medication and seizure-free for 10 years, may be qualified to operate a
CMV in interstate commerce. Interstate drivers with a history of a
single unprovoked seizure may be qualified to drive a CMV in interstate
commerce if seizure-free and off anti-seizure medication for a 5-year
period or more.
As a result of MEs misinterpreting advisory criteria as regulation,
numerous drivers have been prohibited from operating a CMV in
interstate commerce based on the fact that they have had one or more
seizures and are taking anti-seizure medication, rather than an
individual analysis of their circumstances by a qualified ME based
[[Page 6233]]
on the physical qualification standards and medical best practices.
On January 15, 2013, FMCSA announced in a Notice of Final
Disposition titled, ``Qualification of Drivers; Exemption Applications;
Epilepsy and Seizure Disorders,'' (78 FR 3069), its decision to grant
requests from 22 individuals for exemptions from the regulatory
requirement that interstate CMV drivers have ``no established medical
history or clinical diagnosis of epilepsy or any other condition which
is likely to cause loss of consciousness or any loss of ability to
control a CMV.'' Since that time, the Agency has published additional
notices granting requests from individuals for exemptions from the
regulatory requirement regarding epilepsy found in Sec. 391.41(b)(8).
To be considered for an exemption from the epilepsy and seizure
disorders prohibition in Sec. 391.41(b)(8), applicants must meet the
criteria in the 2007 recommendations of the Agency's Medical Expert
Panel (78 FR 3069).
III. Qualifications of Applicants
Andrew Anzalone
Mr. Anzalone is a 24-year old class DM license holder in
Massachusetts. He has a history of epilepsy and has been seizure free
since 2010. He takes anti-seizure medication with the dosage and
frequency remaining the same since 2010. His physician states that he
is supportive of Mr. Anzalone receiving an exemption.
Anthony Cavaliere
Mr. Cavaliere is a 33-year old class BM license holder in New York.
He had a generalized cerebral concussion and has been seizure free
since 2010. He takes anti-seizure medication with the dosage and
frequency remaining the same since 2011. His physician states that he
is supportive of Mr. Cavaliere receiving an exemption.
Shane Chacon
Mr. Chacon is a 53-year old class A license holder in Idaho. He has
a history of epilepsy and has been seizure free since 1997. He takes
anti-seizure medication with the dosage and frequency remaining the
same since 2019. His physician states that he is supportive of Mr.
Chacon receiving an exemption.
Brad Crawford
Mr. Crawford is a 38-year old class E license holder in Louisiana.
He has a history of generalized epilepsy and has been seizure free
since 2013. He takes anti-seizure medication with the dosage and
frequency remaining the same since 2015. His physician states that he
is supportive of Mr. Crawford receiving an exemption.
Michael Davee
Mr. Davee is a 54-year old class C license holder in California. He
had a single, provoked seizure in October 2017. He does not take anti-
seizure medication. His physician states that he is supportive of Mr.
Davee receiving an exemption.
Callon Hegman
Mr. Hegman is a 26-year old class E license holder in Missouri. He
has a history of juvenile absence epilepsy and has been seizure free
since 2012. He takes anti-seizure medication with the dosage and
frequency remaining the same since 2017. His physician states that he
is supportive of Mr. Hegman receiving an exemption.
Jacob Hitchcock
Mr. Hitchcock is a 31-year old class C license holder in Iowa. He
has a history of non-intractable epilepsy and has been seizure free
since May 2010. He takes anti-seizure medication with the dosage and
frequency remaining the same since 2010. His physician states that he
is supportive of Mr. Hitchcock receiving an exemption.
Holly Hobert
Ms. Hobert is a 27-year old class O license holder in Nebraska. He
has a history of generalized epilepsy and has been seizure free since
2013. He takes anti-seizure medication with the dosage and frequency
remaining the same since 2016. His physician states that he is
supportive of Ms. Hobert receiving an exemption.
Gary Johnson
Mr. Johnson is a 49-year old class E license holder in Missouri. He
has a history of chronic epilepsy and has been seizure free since March
2012. He takes anti-seizure medication with the dosage and frequency
remaining the same since 2015. His physician states that he is
supportive of Mr. Johnson receiving an exemption.
Gregory Johnson
Mr. Johnson is a 44-year old class C license holder in North
Carolina. He has a history of seizures and has been seizure free since
June 2011. He takes anti-seizure medication with the dosage and
frequency remaining the same since 2013. His physician states that he
is supportive of Mr. Johnson receiving an exemption.
Lance Johnson
Mr. Johnson is a 54-year old class D license holder in Tennessee.
He has a history of complex partial seizures and has been seizure free
since 2009. He takes anti-seizure medication with the dosage and
frequency remaining the same since 2018. His physician states that he
is supportive of Mr. Johnson receiving an exemption.
Alan Keil
Mr. Keil is a 45-year old class three license holder in Hawaii. He
has a history of epilepsy and has been seizure free for more than 10
years. He takes anti-seizure medication with the dosage and frequency
remaining the same since 2011. His physician states that he is
supportive of Mr. Keil receiving an exemption.
Kim Langan
Mr. Langan is a 59-year old class CM license holder in California.
He has a history of epilepsy and has been seizure free since 2013. He
takes anti-seizure medication with the dosage and frequency remaining
the same since 2015. His physician states that he is supportive of Mr.
Langan receiving an exemption.
Armando Macias-Tovar
Mr. Macias-Tovar is a 34-year old class E license holder in
Florida. He has a history of generalized epilepsy and has been seizure
free since 2013. He takes anti-seizure medication with the dosage and
frequency remaining the same since 2011. His physician states that he
is supportive of Mr. Macias-Tovar receiving an exemption.
Christian Mandahl
Mr. Mandahl is a 31-year old class D license holder in Montana. He
has a history of primary generalized epilepsy and has been seizure free
since 2012. He takes anti-seizure medication with the dosage and
frequency remaining the same since 2012. His physician states that he
is supportive of Mr. Mandahl receiving an exemption.
Joseph Mendoza
Mr. Mendoza is a 48-year old operator license holder in Indiana. He
has a history of seizure disorder and has been seizure free since 1996.
He takes anti-seizure medication with the dosage and frequency
remaining the same since 2013. His physician states that he is
supportive of Mr. Mendoza receiving an exemption.
Edna Merritt
Ms. Merritt is a 59-year old class D license holder in Tennessee.
She has a
[[Page 6234]]
history of partial complex seizure disorder and has been seizure free
since 2010. She takes anti-seizure medication with the dosage and
frequency remaining the same since 2007. Her physician states that he
is supportive of Ms. Merritt receiving an exemption.
Richard Packer
Mr. Packer is a 33-year old class A license holder in Idaho. He has
a history of non-intractable generalized idiopathic epilepsy and has
been seizure free since 2003. He takes anti-seizure medication with the
dosage and frequency remaining the same since 2003. His physician
states that he is supportive of Mr. Packer receiving an exemption.
Alexander Paradis
Mr. Paradis is a 24-year old class 10 license holder in Rhode
Island. He has a history of focal epilepsy and has been seizure free
since 2010. He takes anti-seizure medication with the dosage and
frequency remaining the same since 2016. His physician states that he
is supportive of Mr. Paradis receiving an exemption.
Steven Paul
Mr. Paul is a 60-year old class DM license holder in Wisconsin. He
has a history of seizure disorder and has been seizure free since 2012.
He takes anti-seizure medication with the dosage and frequency
remaining the same since 2013. His physician states that he is
supportive of Mr. Paul receiving an exemption.
Kevin Podman
Mr. Podman is a 48-year old commercial driver's license (CDL)
holder in Illinois. He has a history of an unprovoked, one-time,
generalized tonic-clonic seizure and has been seizure free since 2014.
He takes anti-seizure medication with the dosage and frequency
remaining the same since 2014. His physician states that he is
supportive of Mr. Podman receiving an exemption.
Michael Reimer
Mr. Reimer is a 37-year old class C license holder in California.
He has a history of epilepsy and has been seizure free since 2012. He
takes anti-seizure medication with the dosage and frequency remaining
the same since 2012. His physician states that he is supportive of Mr.
Reimer receiving an exemption.
Richard Riley
Mr. Riley is a 66-year old class A license holder in Iowa. He has a
history of a single generalized nocturnal seizure and has been seizure
free since August 6, 2020. He takes anti-seizure medication with the
dosage and frequency remaining the same since August 6, 2020. His
physician states that he is supportive of Mr. Riley receiving an
exemption.
Charles Rivet
Mr. Rivet is a 43-year old class 10 license holder in Iowa. He has
a history of complex partial seizure disorder and has been seizure free
since 2013. He takes anti-seizure medication with the dosage and
frequency remaining the same since 2012. His physician states that he
is supportive of Mr. Rivet receiving an exemption.
Brian Runk
Mr. Runk is a 31-year old class A license holder in Pennsylvania.
He has a history of a single, unprovoked, nocturnal seizure and has
been seizure free since 2016. He takes anti-seizure medication with the
dosage and frequency remaining the same since 2017. His physician
states that he is supportive of Mr. Runk receiving an exemption.
Lucas Schmidt
Mr. Schmidt is a 41-year old class D license holder in New York. He
has a history of epilepsy and has been seizure free since 1997. He
takes anti-seizure medication with the dosage and frequency remaining
the same for more than 10 years. His physician states that he is
supportive of Mr. Schmidt receiving an exemption.
Bradley Scruggs
Mr. Scruggs is a 27-year old class A license holder in California.
He has a history of focal awareness seizures and has been seizure free
since 2007. He takes anti-seizure medication with the dosage and
frequency remaining the same since 2015. His physician states that he
is supportive of Mr. Scruggs receiving an exemption.
Kacen Shaffer
Mr. Shaffer is a 22-year old class R license holder in Colorado. He
has a history of epilepsy and has been seizure free since 2013. He
takes anti-seizure medication with the dosage and frequency remaining
the same since 2014. His physician states that he is supportive of Mr.
Shaffer receiving an exemption.
Shaen Smith
Mr. Smith is a 53-year old class D license holder in Minnesota. He
has a history of localization-related epilepsy and has been seizure
free since 1998. He takes anti-seizure medication with the dosage and
frequency remaining the same since 2015. His physician states that he
is supportive of Mr. Smith receiving an exemption.
Kip West
Mr. West is a 53-year old class R license holder in Colorado. He
has a history of seizures and has been seizure free since 1985. He
takes anti-seizure medication with the dosage and frequency remaining
the same since 1985. His physician states that he is supportive of Mr.
West receiving an exemption.
Derek Wettstein
Mr. Wettstein is a 37-year old class C license holder in Texas. He
has a history of idiopathic epilepsy and epileptic syndrome, not
intractable, without status epilepticus and has been seizure free since
2004. He takes anti-seizure medication with the dosage and frequency
remaining the same since 2004. His physician states that he is
supportive of Mr. Wettstein receiving an exemption.
Jeremy Williams
Mr. Williams is a 19-year old CDL holder in Mississippi. He has a
history of a single unprovoked seizure and has been seizure free since
2017. He takes anti-seizure medication with the dosage and frequency
remaining the same since 2018. His physician states that he is
supportive of Mr. Williams receiving an exemption.
IV. Request for Comments
In accordance with 49 U.S.C. 31136(e) and 31315(b), FMCSA requests
public comment from all interested persons on the exemption petitions
described in this notice. We will consider all comments received before
the close of business on the closing date indicated under the DATES
section of the notice.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2022-02203 Filed 2-2-22; 8:45 am]
BILLING CODE 4910-EX-P
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