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Qualification of Drivers; Exemption Applications; Epilepsy and Seizure Disorders Publication: Federal Register Agency: Federal Motor Carrier Safety Administration Byline: Larry W. Minor Date: 16 May 2023 Subject: American Government 
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[Federal Register Volume 88, Number 94 (Tuesday, May 16, 2023)]
[Notices]
[Pages 31302-31304]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-10437]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2023-0033]
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 17 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 June 15, 2023.
ADDRESSES: You may submit comments identified by the Federal Docket
Management System Docket No. FMCSA-2023-0033 using any of the following
methods:
Federal eRulemaking Portal: Go to www.regulations.gov/,
insert the docket number (FMCSA-2023-0033) 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, Washington, DC 20590-0001, (202) 366-4001,
fmcsamedical@dot.gov. 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-2023-0033), 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-2023-0033. 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-2023-0033) 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 17 individuals listed in this notice have requested an
exemption from the epilepsy and seizure disorders
[[Page 31303]]
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 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
Gregory Alves
Gregory Alves is a 27-year-old class E license holder in Florida.
They have a history of seizure disorder and have been seizure free
since 2009. They take anti-seizure medication with the dosage and
frequency remaining the same since 2017. Their physician states that
they are supportive of Gregory Alves receiving an exemption.
Cadan Asterino
Cadan Asterino is a 22-year-old class D license holder in Arizona.
They have a history of generalized epilepsy and have been seizure free
since 2014. They take anti-seizure medication with the dosage and
frequency remaining the same since 2014. Their physician states that
they are supportive of Cadan Asterino receiving an exemption.
Kevin Atwood
Kevin Atwood is a 53-year-old class O license holder in Michigan.
They have a history of oligodendroglioma and have been seizure free
since September 2013. They take anti-seizure medication with the dosage
and frequency remaining the same since March 2015. Their physician
states that they are supportive of Kevin Atwood receiving an exemption.
Jon Brandy
Jon Brandy is a 56-year-old class A license holder in Arkansas.
They have a history of seizures and have been seizure free since 2013.
They take anti-seizure medication with the dosage and frequency
remaining the same since 2013. Their physician states that they are
supportive of Jon Brandy receiving an exemption.
Sean Duffy
Sean Duffy is a 21-year-old class D license holder in New Jersey.
They have a history of seizure disorder and have been seizure free
since November 2013. They take anti-seizure medication with the dosage
and frequency remaining the same since November 2013. Their physician
states that they are supportive of Sean Duffy receiving an exemption.
Arlen Graff
Arlen Graff is a 66-year-old class D license holder in Minnesota.
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 March 2011. Their physician states
that they are supportive of Arlen Graff receiving an exemption.
Cody Helmke
Cody Helmke is a 33-year-old class B commercial driver's license
(CDL) holder in Ohio. They have a history of generalized epilepsy and
have been seizure free since January 2014. They take anti-seizure
medication with the dosage and frequency remaining the same since 2015.
Their physician states that they are supportive of Cody Helmke
receiving an exemption.
Brian Law
Brian Law is a 41-year-old class A CDL holder in Colorado. They
have a history of seizures and have been seizure free since 2005. They
take anti-seizure medication with the dosage and frequency remaining
the same since 2015. Their physician states that they are supportive of
Brian Law receiving an exemption.
Thomas Lepley
Thomas Lepley is a 34-year-old class A CDL holder in Pennsylvania.
They have a history of provoked seizures and have been seizure free
since May 2022. They take anti-seizure medication with the dosage and
frequency remaining the same since May 2022. Their physician
[[Page 31304]]
states that they are supportive of Thomas Lepley receiving an
exemption.
Daniel Lozier
Daniel Lozier is a 32-year-old class D license holder in Ohio. 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 2014. Their physician states that they are supportive of
Daniel Lozier receiving an exemption.
Kevin Moore
Kevin Moore is a 57-year-old enhanced driver license holder in
Washington. They have a history of seizure disorder and have been
seizure free since July 2000. They take anti-seizure medication with
the dosage and frequency remaining the same since 2001. Their physician
states that they are supportive of Kevin Moore receiving an exemption.
Jeffrey Raddatz
Jeffrey Raddatz is a 54-year-old class C license holder in Iowa.
They have a history of complex partial epilepsy and have been seizure
free since October 2014. They take anti-seizure medication with the
dosage and frequency remaining the same since November 2014. Their
physician states that they are supportive of Jeffrey Raddatz receiving
an exemption.
Sergio Soto
Sergio Soto is a 56-year-old class A license holder in Arizona.
They have a history of epilepsy and have been seizure free since
September 2013. They take anti-seizure medication with the dosage and
frequency remaining the same since September 2013. Their physician
states that they are supportive of Sergio Soto receiving an exemption.
Caleb Stinson
Caleb Stinson is a 23-year-old class A CDL holder in Minnesota.
They have a history of epilepsy and have been seizure free since March
2013. They take anti-seizure medication with the dosage and frequency
remaining the same since 2017. Their physician states that they are
supportive of Caleb Stinson receiving an exemption.
Anthony Whitt
Anthony Whitt is a 54-year-old class B CDL holder in Tennessee.
They have a history of focal epilepsy and have been seizure free since
1990. They take anti-seizure medication with the dosage and frequency
remaining the same since 2017. Their physician states that they are
supportive of Anthony Whitt receiving an exemption.
Stephen Wilson
Stephen Wilson is a 41-year-old class C license holder in
Pennsylvania. They have a history of partial complex seizures and have
been seizure free since 2002. They take anti-seizure medication with
the dosage and frequency remaining the same since 2018. Their physician
states that they are supportive of Stephen Wilson receiving an
exemption.
Jacob Woliver
Jacob Woliver is a 26-year-old class C license holder in
California. They have a history of focal epilepsy and have been seizure
free since December 2003. They take anti-seizure medication with the
dosage and frequency remaining the same since 2008. Their physician
states that they are supportive of Jacob Woliver 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. 2023-10437 Filed 5-15-23; 8:45 am]
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