[Federal Register Volume 88, Number 55 (Wednesday, March 22, 2023)]
[Notices]
[Pages 17287-17289]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-05853]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2023-0030]


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 11 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 April 21, 2023.

ADDRESSES: You may submit comments identified by the Federal Docket 
Management System Docket No. FMCSA-2023-0030 using any of the following 
methods:
     Federal eRulemaking Portal: Go to www.regulations.gov/, 
insert the docket number (FMCSA-2023-0030) 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 17288]]

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-2023-0030), 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-2023-0030. 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-2023-0030) 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), 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 11 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 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

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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

Keith Dohrmann

    Keith Dohrmann is a 38-year-old class D license holder in 
Minnesota. They have a history of epilepsy and have been seizure free 
since January 2012. They take anti-seizure medication with the dosage 
and frequency remaining the same since October 2018. Their physician 
states that they are supportive of Keith Dohrmann receiving an 
exemption.

Wallace Ferguson

    Wallace Ferguson is a 61-year-old class R license holder in 
Colorado. They have a history of partial onset epilepsy and have been 
seizure free since 2011. They take anti-seizure medication with the 
dosage and frequency remaining the same since 2012. Their physician 
states that they are supportive of Wallace Ferguson receiving an 
exemption.

Derek Jazdzewski

    Derek Jazdzewski is a 33-year-old class D license holder in 
Wisconsin. They have a history of seizure disorder and have been 
seizure free since September 2013. They take anti-seizure medication 
with the dosage and frequency remaining the same since 2016. Their 
physician states that they are supportive of Derek Jazdzewski receiving 
an exemption.

Charles E. Johnson

    Charles E. Johnson is a 47-year-old class A license holder in 
Kansas. They have a history of non-intractable absence epilepsy and 
have been seizure free since 2011. They take anti-seizure medication 
with the dosage and frequency remaining the same since 2015. Their 
physician states that they are supportive of Charles E. Johnson 
receiving an exemption.

Michael Littleton

    Michael Littleton is a 47-year-old class R license holder in 
Colorado. They have a history of epilepsy and have been seizure free 
since January 2014. They take anti-seizure medication with the dosage 
and frequency remaining the same since January 2014. Their physician 
states that they are supportive of Michael Littleton receiving an 
exemption.

Robert Newhand

    Robert Newhand is a 32-year-old class D license holder in New York. 
They have a history of partial symptomatic epilepsy 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 Robert Newhand receiving an 
exemption.

Kristopher Pettitt

    Kristopher Pettitt is a 42-year-old class C license holder in 
California. They have a history of epilepsy and have been seizure free 
since November 2011. They take anti-seizure medication with the dosage 
and frequency remaining the same since 2011. Their physician states 
that they are supportive of Kristopher Pettitt receiving an exemption.

Taylor Ramey

    Taylor Ramey is a 32-year-old class C license holder in Texas. They 
have a history of epilepsy and have been seizure free since 2013. They 
take anti-seizure medication with the dosage and frequency remaining 
the same since May 2013. Their physician states that they are 
supportive of Taylor Ramey receiving an exemption.

Herbert Spike

    Herbert Spike is a 49-year-old class D license holder in 
Connecticut. They have a history of generalized epilepsy and have been 
seizure free since 2009. They take anti-seizure medication with the 
dosage and frequency remaining the same since 2014. Their physician 
states that they are supportive of Herbert Spike receiving an 
exemption.

Scott Stone

    Scott Stone is a 50-year-old class BM commercial driver's license 
holder in Wyoming. They have a history of epilepsy and have been 
seizure free since 2004. They take anti-seizure medication with the 
dosage and frequency remaining the same since 2004. Their physician 
states that they are supportive of Scott Stone receiving an exemption.

Andrew Toler

    Andrew Toler is a 33-year-old class D license holder in Virginia. 
They have a history of a single unprovoked seizure and have been 
seizure free since 2012. They have not taken anti-seizure medication. 
Their physician states that they are supportive of Andrew Toler 
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. 2023-05853 Filed 3-21-23; 8:45 am]
BILLING CODE 4910-EX-P