Notice2022-27539
Qualification of Drivers; Exemption Applications; Epilepsy and Seizure Disorders
Primary source
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Published
December 20, 2022
Issuing agencies
Transportation DepartmentFederal Motor Carrier Safety Administration
Abstract
FMCSA announces its decision to renew exemptions for 32 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 continue 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 77912-77914]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-27539]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2013-0108; FMCSA-2013-0442; FMCSA-2013-0443; FMCSA-
2014-0381; FMCSA-2015-0115; FMCSA-2015-0116; FMCSA-2015-0119; FMCSA-
2015-0320; FMCSA-2015-0321; FMCSA-2017-0181; FMCSA-2017-0253; FMCSA-
2017-0254; FMCSA-2018-0050; FMCSA-2018-0051; FMCSA-2019-0030; FMCSA-
2019-0034; FMCSA-2019-0036; FMCSA-2019-0206; FMCSA-2019-0211; FMCSA-
2019-0212; FMCSA-2020-0045; FMCSA-2020-0046]
Qualification of Drivers; Exemption Applications; Epilepsy and
Seizure Disorders
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), Department
of Transportation (DOT).
[[Page 77913]]
ACTION: Notice of final disposition.
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SUMMARY: FMCSA announces its decision to renew exemptions for 32
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 continue to operate CMVs in
interstate commerce.
DATES: Each group of renewed exemptions were applicable on the dates
stated in the discussions below and will expire on the dates provided
below.
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,
<a href="/cdn-cgi/l/email-protection#dcbab1bfafbdb1b9b8b5bfbdb09cb8b3a8f2bbb3aa"><span class="__cf_email__" data-cfemail="a0c6cdc3d3c1cdc5c4c9c3c1cce0c4cfd48ec7cfd6">[email protected]</span></a>. 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.
SUPPLEMENTARY INFORMATION:
I. Public Participation
A. Viewing Comments
To view comments go to <a href="http://www.regulations.gov">www.regulations.gov</a>. Insert the docket
number (FMCSA-2013-0108, FMCSA-2013-0442, FMCSA-2013-0443, FMCSA-2014-
0381, FMCSA-2015-0115, FMCSA-2015-0116, FMCSA-2015-0119, FMCSA-2015-
0320, FMCSA-2015-0321, FMCSA-2017-0181, FMCSA-2017-0253, FMCSA-2017-
0254, FMCSA-2018-0050, FMCSA-2018-0051, FMCSA-2019-0030, FMCSA-2019-
0034, FMCSA-2019-0036, FMCSA-2019-0206, FMCSA-2019-0211, FMCSA-2019-
0212, FMCSA-2020-0045, or FMCSA-2020-0046) 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.
B. 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
On May 13, 2022, FMCSA published a notice announcing its decision
to renew exemptions for 32 individuals from the epilepsy and seizure
disorders prohibition in 49 CFR 391.41(b)(8) to operate a CMV in
interstate commerce and requested comments from the public (87 FR
29430). The public comment period ended on August 13, 2022, and no
comments were received.
FMCSA has evaluated the eligibility of these applicants and
determined that renewing these exemptions would likely achieve a level
of safety equivalent to, or greater than, the level that would be
achieved by complying with Sec. 391.41(b)(8).
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 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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III. Discussion of Comments
FMCSA received no comments in this preceding.
IV. Conclusion
Based on its evaluation of the 32 renewal exemption applications,
FMCSA announces its decision to exempt the following drivers from the
epilepsy and seizure disorders prohibition in Sec. 391.41(b)(8).
In accordance with 49 U.S.C. 31136(e) and 31315(b), the following
groups of drivers received renewed exemptions in the month of May and
are discussed below.
As of May 15, 2022, and in accordance with 49 U.S.C. 31136(e) and
31315(b), the following 29 individuals have satisfied the renewal
conditions for obtaining an exemption from the epilepsy and seizure
disorders prohibition in the FMCSRs for interstate CMV drivers (87 FR
29430):
William Brown (NC)
Frank Corino (NJ)
Barry Dull (OH)
Robert J. Forney (WI)
Scott William Gessner (PA)
Daniel Halstead (NV)
Aaron Harms (MO)
Matthew Heinen (MN)
Logan Hertzler (PA)
Brian Johnson (MN)
Preston R. Kanagy (TN)
Kenneth L. Lewis (NC)
Larry Lintelman (AK)
Kevin Market (OH)
Shane W. Martinek (OK)
Jeffrey Mills (NC)
Gary Olsen (MN)
Randy Pinto (PA)
Matthew Scarlata (NY)
Steven Shirley (UT)
Chad Smith (MA)
Alvin Strite (PA)
Jeffrey Totten (KS)
Paul Vitous (WA)
Thomas B. Vivirito (PA)
Mohammad S. Warrad (IA)
Richard J. Wenner (MN)
Michael R. Weymouth (NH)
Dennis R. Zayic (MN)
The drivers were included in docket number FMCSA-2013-0108, FMCSA-
2013-0442, FMCSA-2014-0381, FMCSA-2015-0115, FMCSA-2015-0116, FMCSA-
2015-0119, FMCSA-2015-0320, FMCSA-2015-0321, FMCSA-2017-0181, FMCSA-
2017-0253, FMCSA-2017-0254, FMCSA-2018-0050, FMCSA-2019-0030, FMCSA-
2019-0034, FMCSA-2019-0036, FMCSA-2019-0206, FMCSA-2019-0211, FMCSA-
2019-0212, FMCSA-2020-0045, or FMCSA-2020-0046. Their exemptions were
applicable as of May 15, 2022 and will expire on May 15, 2024.
As of May 19, 2022, and in accordance with 49 U.S.C. 31136(e) and
31315(b), the following two individuals have satisfied the renewal
conditions for obtaining an exemption from the epilepsy and seizure
disorders prohibition in the FMCSRs for interstate CMV drivers:
[[Page 77914]]
Ronald Hartl (WI) and Michael Miller (WI).
The drivers were included in docket number FMCSA-2013-0443. Their
exemptions were applicable as of May 19, 2022 and will expire on May
19, 2024.
As of May 30, 2022, and in accordance with 49 U.S.C. 31136(e) and
31315(b), Nathan Kanouff (GA) has satisfied the renewal conditions for
obtaining an exemption from the epilepsy and seizure disorders
prohibition in the FMCSRs for interstate CMV drivers.
This driver was included in docket number FMCSA-2018-0051. The
exemption was applicable as of May 30, 2022 and will expire on May 30,
2024.
In accordance with 49 U.S.C. 31315(b), each exemption will be valid
for 2 years from the effective date unless revoked earlier by FMCSA.
The exemption will be revoked if the following occurs: (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
prior to being 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).
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2022-27539 Filed 12-19-22; 8:45 am]
BILLING CODE 4910-EX-P
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