[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]


-----------------------------------------------------------------------

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

[[Page 51397]]

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