Notice2022-27538
Qualification of Drivers; Exemption Applications; Epilepsy and Seizure Disorders
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
December 20, 2022
Issuing agencies
Transportation DepartmentFederal Motor Carrier Safety Administration
Abstract
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.
Full Text
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<title>Federal Register, Volume 87 Issue 243 (Tuesday, December 20, 2022)</title>
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[Federal Register Volume 87, Number 243 (Tuesday, December 20, 2022)]
[Notices]
[Pages 77916-77919]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-27538]
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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:
<bullet> Federal eRulemaking Portal: Go to <a href="http://www.regulations.gov/">www.regulations.gov/</a>,
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.
<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, FMCSA, DOT, 1200 New Jersey Avenue SE, Room
W64-224,
[[Page 77917]]
Washington, DC 20590-0001, (202) 366-4001, <a href="/cdn-cgi/l/email-protection#4b2d2628382a262e2f22282a270b2f243f652c243d"><span class="__cf_email__" data-cfemail="2b4d4648584a464e4f42484a476b4f445f054c445d">[email protected]</span></a>. 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 <a href="http://www.regulations.gov/docket?D=FMCSA-2022-0046">www.regulations.gov/docket?D=FMCSA-2022-0046</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. 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-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 <a href="http://www.regulations.gov">www.regulations.gov</a>. As described in the system of records
notice DOT/ALL 14 (Federal Docket Management System (FDMS)), which can
be reviewed at <a href="https://www.transportation.gov/individuals/privacy/privacy-act-system-records-notices">https://www.transportation.gov/individuals/privacy/privacy-act-system-records-notices</a>, 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
<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 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
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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
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