Federal Register / Vol. 87, No. 133 / Wednesday, July 13, 2022 / Notices 41855 

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. 

Issued under the authority of 49 CFR 1.87. 

Thomas P. Keane, 

Associate Administrator, Office of Research 

and Registration. 

[FR Doc. 2022–14850 Filed 7–12–22; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–2022–0044] 

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 16 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 August 12, 2022. 

ADDRESSES: You may submit comments 

identified by the Federal Docket 

Management System Docket No. 

FMCSA–2022–0044 using any of the 

following methods: 

• Federal eRulemaking Portal: Go to 

www.regulations.gov/, insert the docket 

number, FMCSA–2022–0044, 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–2022–0044), 

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=FMCSA2022-0044. 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–2022–0044, in the 

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

sort the results by ‘‘Posted (NewerOlder),’’ 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 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 16 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 


jspears on DSK121TN23PROD with NOTICES1
41856 Federal Register / Vol. 87, No. 133 / Wednesday, July 13, 2022 / Notices 

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 

Cody Baker 

Mr. Baker is a 31-year-old class A 

license holder in Indiana. He has a 

history of a seizure disorder and has 

been seizure free since 2010. He takes 

anti-seizure medication with the dosage 

and frequency remaining the same since 

2012. His physician states that he is 

supportive of Mr. Baker receiving an 

exemption. 

Reed Byrum 

Mr. Byrum is a 46-year-old class E 

license holder in West Virginia. He has 

a history of a seizure disorder and has 

been seizure free since 2001. He takes 

anti-seizure medication with the dosage 

and frequency remaining the same since 

2001. His physician states that he is 

supportive of Mr. Byrum receiving an 

exemption. 

Bradley Fullmer 

Mr. Fullmer is a 38-year-old class D 

license holder in Utah. He has a history 

of epilepsy and has been seizure free 

since 2006. He takes anti-seizure 

medication with the dosage and 

frequency remaining the same since 

2006. His physician states that he is 

supportive of Mr. Fullmer receiving an 

exemption. 

Cole Funk 

Mr. Funk is a 35-year-old class C 

license holder in Pennsylvania. He has 

a history of generalized epilepsy and 

has been seizure free since 1999. He 

takes anti-seizure medication with the 

dosage and frequency remaining the 

same since 2019. His physician states 

that he is supportive of Mr. Funk 

receiving an exemption. 

Michael C. Hammond 

Mr. Hammond is a 34-year-old class A 

license holder in South Carolina. He has 

a history of a seizure disorder and has 

been seizure free since 2001. He takes 

anti-seizure medication with the dosage 

and frequency remaining the same since 

2019. His physician states that he is 

supportive of Mr. Hammond receiving 

an exemption. 

John Hammond 

Mr. Hammond is a 57-year-old class C 

license holder in Oregon. He has a 

history of a seizure disorder 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. Hammond receiving 

an exemption. 

Michael Modica, III 

Mr. Modica is a 39-year-old class B 

license holder in Florida. He has a 

history of epilepsy and has been seizure 

free since 2004. He takes anti-seizure 

medication with the dosage and 

frequency remaining the same since 

2012. His physician states that he is 

supportive of Mr. Modica receiving an 

exemption. 

Brent Nelson 

Mr. Parker is a 52-year-old class B 

commercial driver’s license holder in 

Utah. He has a history of seizures and 

has been seizure free since 1988. He 

takes anti-seizure medication with the 

dosage and frequency remaining the 

same for over 10 years. His physician 

states that he is supportive of Mr. Parker 

receiving an exemption. 

Roger Parker 

Mr. Parker is a 55-year-old class A 

commercial driver’s license holder in 

North Carolina. He has a history of 

seizures and has been seizure free since 

2003. He takes anti-seizure medication 

with the dosage and frequency 

remaining the same for over 10 years. 

His physician states that he is 

supportive of Mr. Parker receiving an 

exemption. 

Kevin Revis 

Mr. Revis is a 61-year-old class B 

commercial driver’s license holder in 

Texas. He has a history of a seizure 

disorder and has been seizure free since 

1980. He takes anti-seizure medication 

with the dosage and frequency 

remaining the same since 1980. His 

physician states that he is supportive of 

Mr. Revis receiving an exemption. 

Alexis E. Roldan 

Mr. Roldan is a 42-year-old class AM 

commercial driver’s license holder in 

Illinois. He has a history of partial 

complex seizure and has been seizure 

free since 2011. He takes anti-seizure 

medication with the dosage and 

frequency remaining the same since 

2013. His physician states that he is 

supportive of Mr. Roldan receiving an 

exemption. 


jspears on DSK121TN23PROD with NOTICES1
Federal Register / Vol. 87, No. 133 / Wednesday, July 13, 2022 / Notices 41857 

Brian Runk 

Mr. Runk is a 32-year-old class A 

commercial driver’s license holder in 

Pennsylvania. He had a single 

unprovoked nocturnal seizure and has 

been seizure free since November 2016. 

He takes anti-seizure medication with 

the dosage and frequency remaining the 

same since 2017. His physician states 

that he is supportive of Mr. Runk 

receiving an exemption. 

Dominick Sempervive 

Mr. Sempervive is a 64-year-old class 

A commercial driver’s license holder in 

New Jersey. He has a history of a 

complex partial seizure disorder and 

has been seizure free for over 20 years. 

He takes anti-seizure medication with 

the dosage and frequency remaining the 

same for over 20 years. His physician 

states that he is supportive of Mr. 

Sempervive receiving an exemption. 

William F. Smith 

Mr. Smith is a 61-year-old class C 

driver’s license holder in North 

Carolina. He has a history of a seizure 

disorder and has been seizure free for 

over 20 years. He takes anti-seizure 

medication with the dosage and 

frequency remaining the same for over 

20 years. His physician states that he is 

supportive of Mr. Smith receiving an 

exemption. 

Yoon Song 

Mr. Song is a 51-year-old class A 

commercial driver’s license holder in 

California. He has a history of a seizure 

disorder and has been seizure free since 

2008. He takes anti-seizure medication 

with the dosage and frequency 

remaining the same since 2012. His 

physician states that he is supportive of 

Mr. Song receiving an exemption. 

Jerry Wise 

Mr. Wise is a 27-year-old class C 

driver’s license holder in Pennsylvania. 

He has a history of a seizures and has 

been seizure free since 2006. He has 

never taken anti-seizure medication. His 

physician states that he is supportive of 

Mr. Wise 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. 2022–14851 Filed 7–12–22; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Railroad Administration 

[Docket Number FRA–2002–13251] 

Petition for Extension of Waiver of 

Compliance 

Under part 211 of title 49 Code of 

Federal Regulations (CFR), this 

document provides the public notice 

that on June 1, 2022, Arizona Eastern 

Railway Company (AZER) petitioned 

the Federal Railroad Administration 

(FRA) for an extension of a waiver of 

compliance from certain provisions of 

the Federal railroad safety regulations 

contained at 49 CFR part 232, Brake 

System Safety Standards for Freight and 

Other Non-passenger Trains and 

Equipment; End of Train Devices. The 

relevant FRA Docket Number is FRA– 

2002–13251. 

Specifically, AZER seeks to extend 

relief that permits movement from the 

Freeport-McMoRan Copper & Gold’s 

mining facility near Claypool, Arizona, 

to a location between mileposts (MPs) 

1229.0 and 1227.6 on AZER trackage, 

where the required inspections (a predeparture inspection and Class 1 initial 

terminal air brake test and inspection) 

are performed. Additionally, AZER 

seeks to extend relief formerly granted 

in FRA Docket Number FRA–2017– 

0100, which permits movement from 

Clifton Yard in Clifton, Arizona, to 

South Siding near MP 1210.0, where the 

required inspections are performed. 

FRA is combining the requests and 

relief from both dockets and considering 

them under the originally assigned 

docket number for the relief in 

Claypool, Arizona, Docket Number 

FRA–2002–13251. In support of its 

request, AZER states that railroad 

operations have remained the same 

since the original waivers were granted, 

and rail traffic volumes have 

continuously increased, supporting the 

need for this relief. 

A copy of the petition, as well as any 

written communications concerning the 

petition, is available for review online at 

www.regulations.gov. 

Interested parties are invited to 

participate in these proceedings by 

submitting written views, data, or 

comments. FRA does not anticipate 

scheduling a public hearing in 

connection with these proceedings since 

the facts do not appear to warrant a 

hearing. If any interested party desires 

an opportunity for oral comment and a 

public hearing, they should notify FRA, 

in writing, before the end of the 

comment period and specify the basis 

for their request. 

All communications concerning these 

proceedings should identify the 

appropriate docket number and may be 

submitted at http://

www.regulations.gov. Follow the online 

instructions for submitting comments. 

Communications received by August 

29, 2022 will be considered by FRA 

before final action is taken. Comments 

received after that date will be 

considered if practicable. 

Anyone can search the electronic 

form of any written communications 

and comments received into any of our 

dockets by the name of the individual 

submitting the comment (or signing the 

document, if submitted on behalf of an 

association, business, labor union, etc.). 

Under 5 U.S.C. 553(c), the U.S. 

Department of Transportation (DOT) 

solicits comments from the public to 

better inform its processes. 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 

https://www.transportation.gov/privacy. 

See also https://www.regulations.gov/ 

privacy-notice for the privacy notice of 

regulations.gov. 

Issued in Washington, DC. 

John Karl Alexy, 

Associate Administrator for Railroad Safety, 

Chief Safety Officer. 

[FR Doc. 2022–14855 Filed 7–12–22; 8:45 am] 

BILLING CODE 4910–06–P 

DEPARTMENT OF TRANSPORTATION 

Federal Railroad Administration 

[Docket Number FRA–2020–0096] 

Petition for Waiver of Compliance 

Under part 211 of title 49 Code of 

Federal Regulations (CFR), this 

document provides the public notice 

that on May 31, 2022, Brightline West 

(BW) petitioned the Federal Railroad 

Administration (FRA) for a waiver of 

compliance from certain provisions of 

the Federal railroad safety regulations 

contained at 49 CFR part 238, Passenger 

Equipment Safety Standards. FRA 

assigned the petition Docket Number 

FRA–2020–0096. 

Specifically, BW requests relief from 

two regulations: §§ 238.112(f) and 


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