Qualification of Drivers; Exemption Applications; Epilepsy and Seizure Disorders

Qualification of Drivers; Exemption Applications; Epilepsy and Seizure Disorders

Publication: Federal Register
Agency: Federal Motor Carrier Safety Administration
Byline: Larry W. Minor
Date: 22 March 2023
Subject: American Government

[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]

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

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.

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

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

\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

[[Page 17289]]

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