29428 Federal Register / Vol. 87, No. 93 / Friday, May 13, 2022 / Notices 

condition does not pose a risk to public 

safety. 

Consequently, FMCSA finds that in 

each case exempting these applicants 

from the epilepsy and seizure disorder 

prohibition in § 391.41(b)(8) is likely to 

achieve a level of safety equal to that 

existing without the exemption. 

V. Conditions and Requirements 

The terms and conditions of the 

exemption are provided to the 

applicants in the exemption document 

and includes the following: (1) Each 

driver must remain seizure-free and 

maintain a stable treatment during the 

2-year exemption period; (2) each driver 

must submit annual reports from their 

treating physicians attesting to the 

stability of treatment and that the driver 

has remained seizure-free; (3) each 

driver must undergo an annual medical 

examination by a certified ME, as 

defined by § 390.5; and (4) each driver 

must provide a copy of the annual 

medical certification to the employer for 

retention in the driver’s qualification 

file, or keep a copy of his/her driver’s 

qualification file if he/she is selfemployed. The driver must also have a 

copy of the exemption when driving, for 

presentation to a duly authorized 

Federal, State, or local enforcement 

official. 

VI. Preemption 

During the period the exemption is in 

effect, no State shall enforce any law or 

regulation that conflicts with this 

exemption with respect to a person 

operating under the exemption. 

VII. Conclusion 

Based upon its evaluation of the eight 

exemption applications, FMCSA 

exempts the following drivers from the 

epilepsy and seizure disorder 

prohibition, § 391.41(b)(8), subject to the 

requirements cited above: 

Michael Curtis (DE) 

Denise Denton (MI) 

Paul Drewer (PA) 

Peter Guzman (VA) 

Zachary Henson (IL) 

Scott Hughes (IL) 

Scott Hunter (MA) 

Robert Lombardo (CA) 

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. 2022–10273 Filed 5–12–22; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–2022–0043] 

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 June 13, 2022. 

ADDRESSES: You may submit comments 

identified by the Federal Docket 

Management System Docket No. 

FMCSA–2022–0043 using any of the 

following methods: 

• Federal eRulemaking Portal: Go to 

www.regulations.gov/, insert the docket 

number, FMCSA–2022–0043, in the 

keyword box, and click ‘‘Search.’’ Next, 

sort the results by ‘‘Posted (NewerOlder),’’ 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, (202) 366–4001, 

fmcsamedical@dot.gov, FMCSA, DOT, 

1200 New Jersey Avenue SE, Room 

W64–224, Washington, DC 20590–0001. 

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–2022–0043), 

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=FMCSA2022-0043. 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 81⁄2 by 

11 inches, suitable for copying and 

electronic filing. If you submit 

comments by mail and would like to 

know that they reached the facility, 

please enclose a stamped, self-addressed 

postcard or envelope. 

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–2022–0043, in the 

keyword box, and click ‘‘Search.’’ Next, 

sort the results by ‘‘Posted (NewerOlder),’’ choose the first notice listed, 


lotter on DSK11XQN23PROD with NOTICES1
Federal Register / Vol. 87, No. 93 / Friday, May 13, 2022 / Notices 29429 

1These criteria may be found in APPENDIX A to 

PART 391—MEDICAL ADVISORY CRITERIA, 

section H. Epilepsy: § 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. 

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 FDMS), which can be reviewed at 

www.dot.gov/privacy. 

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 

statute also allows 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 

§ 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. 

The criteria states that if an individual 

has had a sudden episode of a nonepileptic 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 

§ 391.41(b)(8). 

To be considered for an exemption 

from the epilepsy and seizure disorders 

prohibition in § 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 

James Craw 

Mr. Craw is a 40-year-old class C 

license holder in Maine. He has a 

history of focal epilepsy and has been 

seizure free since 2010. He takes antiseizure medication with the dosage and 

frequency remaining the same since 

2010. His physician states that he is 

supportive of Mr. Craw receiving an 

exemption. 

Jeremy Fehrman 

Mr. Fehrman is a 36-year-old class D 

license holder in Minnesota. He has a 

history of focal epilepsy and has been 

seizure free since 2013. He takes antiseizure medication with the dosage and 

frequency remaining the same since 

2013. His physician states that he is 

supportive of Mr. Fehrman receiving an 

exemption. 

David Funk 

Mr. Funk is a 49-year-old class D 

license holder in Ohio. He has a history 

of focal epilepsy and has been seizure 

free since 2014. He takes anti-seizure 

medication with the dosage and 

frequency remaining the same since 

2014. His physician states that he is 

supportive of Mr. Funk receiving an 

exemption. 

Christopher Gilmore 

Mr. Gilmore is a 32-year-old class C 

license holder in Texas. He has a history 

of seizure disorder and has been seizure 

free since 2012. He takes anti-seizure 

medication with the dosage and 

frequency remaining the same since 

2018. His physician states that he is 

supportive of Mr. Gilmore receiving an 

exemption. 

John Holland, III 

Mr. Holland is a 36-year-old class A 

license holder in Indiana. He has a 

history of localization related epilepsy 

and has been seizure free since 2010. He 

takes anti-seizure medication with the 

dosage and frequency remaining the 

same since 2019. His physician states 

that he is supportive of Mr. Holland 

receiving an exemption. 


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29430 Federal Register / Vol. 87, No. 93 / Friday, May 13, 2022 / Notices 

Sean Moran 

Mr. Moran is a 26-year-old regular 

operator’s license holder in 

Massachusetts. He has a history of 

epilepsy and has been seizure free since 

2008. He takes anti-seizure medication 

with the dosage and frequency 

remaining the same since 2015. His 

physician states that he is supportive of 

Mr. Moran receiving an exemption. 

John Picken 

Mr. Picken is a 73-year-old class D 

license holder in Utah. He has a history 

of stroke aborted by tissue plasminogen 

activator and has been seizure free since 

2021. He does not take anti-seizure 

medication. His physician states that he 

is supportive of Mr. Picken receiving an 

exemption. 

Neil Southern 

Mr. Southern is a 63-year-old class R 

license holder in Colorado. He has a 

history of epilepsy and has been seizure 

free since 2013. He takes anti-seizure 

medication with the dosage and 

frequency remaining the same since 

2013. His physician states that he is 

supportive of Mr. Southern receiving an 

exemption. 

Daniel Verduzco 

Mr. Verduzco is a 30-year-old class C 

license holder in California. He has a 

history of a single seizure and has been 

seizure free since 2016. He takes antiseizure medication with the dosage and 

frequency remaining the same since 

2016. His physician states that he is 

supportive of Mr. Verduzco receiving an 

exemption. 

Charles Vicars 

Mr. Vicars is a 66-year-old class A 

license holder in Virginia. He has a 

history of epilepsy and has been seizure 

free since 1990. He takes anti-seizure 

medication with the dosage and 

frequency remaining the same since 

2019. His physician states that he is 

supportive of Mr. Vicars receiving an 

exemption. 

Karl Wilson, Jr. 

Mr. Wilson is a 41-year-old class A 

license holder in Georgia. He has a 

history of seizures and has been seizure 

free since 2014. He takes anti-seizure 

medication with the dosage and 

frequency remaining the same since 

2019. His physician states that he is 

supportive of Mr. Wilson 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. 2022–10350 Filed 5–12–22; 8:45 am] 

BILLING CODE 4910–EX–P 

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). 

ACTION: Notice of renewal of 

exemptions; request for comments. 

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 stated in 

the discussions below. Comments must 

be received on or before June 13, 2022. 

ADDRESSES: You may submit comments 

identified by the Federal Docket 

Management System (FDMS) Docket No. 

FMCSA–2013–0108, Docket No. 

FMCSA–2013–0442, Docket No. 

FMCSA–2013–0443, Docket No. 

FMCSA–2014–0381, Docket No. 

FMCSA–2015–0115, Docket No. 

FMCSA–2015–0116, Docket No. 

FMCSA–2015–0119, Docket No. 

FMCSA–2015–0320, Docket No. 

FMCSA–2015–0321, Docket No. 

FMCSA–2017–0181, Docket No. 

FMCSA–2017–0253, Docket No. 

FMCSA–2017–0254, Docket No. 

FMCSA–2018–0050, Docket No. 

FMCSA–2018–0051, Docket No. 

FMCSA–2019–0030, Docket No. 

FMCSA–2019–0034, Docket No. 

FMCSA–2019–0036, Docket No. 

FMCSA–2019–0206, Docket No. 

FMCSA–2019–0211, Docket No. 

FMCSA–2019–0212, Docket No. 

FMCSA–2020–0045, or Docket No. 

FMCSA–2020–0046 using any of the 

following methods: 

Federal eRulemaking Portal: Go to 

www.regulations.gov/, 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 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, (202) 366–4001, 

fmcsamedical@dot.gov, FMCSA, DOT, 

1200 New Jersey Avenue SE, Room 

W64–224, Washington, DC 20590–0001. 

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. 


lotter on DSK11XQN23PROD with NOTICES1