Qualification of Drivers; Exemption Applications; Epilepsy and Seizure Disorders, 12317-12319 [2019-06245]

Download as PDF Federal Register / Vol. 84, No. 62 / Monday, April 1, 2019 / Notices Primary Counties: Sonoma. Contiguous Counties: California: Lake, Mendocino, Solano, Marin, Napa. The Interest Rates are: Percent For Physical Damage: Homeowners with Credit Available Elsewhere ...................... Homeowners without Credit Available Elsewhere .............. Businesses with Credit Available Elsewhere ...................... Businesses without Credit Available Elsewhere .............. Non-Profit Organizations with Credit Available Elsewhere ... Non-Profit Organizations without Credit Available Elsewhere ..................................... For Economic Injury: Businesses & Small Agricultural Cooperatives without Credit Available Elsewhere .............. Non-Profit Organizations without Credit Available Elsewhere ..................................... 4.125 2.063 8.000 4.000 2.750 2.750 4.000 2.750 The number assigned to this disaster for physical damage is 15894 6 and for economic injury is 15895 0. The State which received an EIDL Declaration # is California. (Catalog of Federal Domestic Assistance Number 59008) Dated: March 21, 2019. Linda E. McMahon, Administrator. Christopher A. Marsalis, Tennessee Valley Authority, 400 W Summit Hill Dr. (WT 5D), Knoxville, Tennessee 37902–1401; telephone (865) 632–2467 or by email at camarsalis@tva.gov. SUPPLEMENTARY INFORMATION: Type of Request: Reinstatement of a previously approved collection for which approval has expired. Title of Information Collection: Land Use Survey Questionnaire—Vicinity of Nuclear Power Plants. OMB Approval Number: 3316–0016. Frequency of Use: Annual. Type of Affected Public: Individuals or households, farms and business and other for-profit. Small Businesses or Organizations Affected: Yes. Federal Budget Functional Category Code: 271. Estimated Number of Annual Responses: 150. Estimated Total Annual Burden Hours: 75. Estimated Average Burden Hours per Response: .5. Need For and Use of Information: This survey is used to locate, for monitoring purposes, rural residents, home gardens, and milk animals within a five mile radius of a nuclear power plant. The monitoring program is a mandatory requirement of the Nuclear Regulatory Commission set out in the technical specifications when the plants were licensed. Andrea S. Brackett, Director, TVA Cybersecurity. [FR Doc. 2019–06262 Filed 3–29–19; 8:45 am] BILLING CODE 8025–01–P [FR Doc. 2019–06205 Filed 3–29–19; 8:45 am] BILLING CODE 8120–08–P TENNESSEE VALLEY AUTHORITY Agency Information Collection Activities: Proposed Collection; Comment Request DEPARTMENT OF TRANSPORTATION Tennessee Valley Authority. ACTION: 60-Day notice of submission of information collection approval and request for comments. AGENCY: The proposed information collection described below will be submitted to the Office of Management and Budget (OMB) for review, as required by the Paperwork Reduction Act of 1995. The Tennessee Valley Authority is soliciting public comments on this proposed collection. DATES: Comments should be sent to the Senior Privacy Program Manager no later than May 31, 2019. ADDRESSES: Requests for information, including copies of the information collection proposed and supporting documentation, should be directed to the Senior Privacy Program Manager: SUMMARY: VerDate Sep<11>2014 17:22 Mar 29, 2019 Jkt 247001 Federal Motor Carrier Safety Administration 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 May 1, 2019. ADDRESSES: You may submit comments identified by the Federal Docket Management System (FDMS) Docket No. FMCSA–2019–0028 using any of the following methods: • Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the online instructions for submitting comments. • Mail: Docket Management Facility; 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, between 9 a.m. and 5 p.m., ET, Monday through Friday, except Federal Holidays. • Fax: 1–202–493–2251. 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, Department of Transportation, 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 Docket Services, telephone (202) 366–9826. SUPPLEMENTARY INFORMATION: [Docket No. FMCSA–2019–0028] I. Public Participation Qualification of Drivers; Exemption Applications; Epilepsy and Seizure Disorders A. Submitting Comments Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice of applications for exemption; request for comments. AGENCY: FMCSA announces receipt of applications from nine 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 SUMMARY: PO 00000 Frm 00128 Fmt 4703 Sfmt 4703 12317 If you submit a comment, please include the docket number for this notice (Docket No. FMCSA–2019–0028), 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. E:\FR\FM\01APN1.SGM 01APN1 12318 Federal Register / Vol. 84, No. 62 / Monday, April 1, 2019 / Notices To submit your comment online, go to https://www.regulations.gov, put the docket number, FMCSA–2019–0028, in the keyword box, and click ‘‘Search.’’ When the new screen appears, click on the ‘‘Comment Now!’’ 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 Documents and Comments To view comments, as well as any documents mentioned in this notice as being available in the docket, go to https://www.regulations.gov. Insert the docket number, FMCSA–2019–0028, in the keyword box, and click ‘‘Search.’’ Next, click the ‘‘Open Docket Folder’’ button and choose the document to review. If you do not have access to the internet, you may view the docket online by visiting the Docket Management Facility in Room W12–140 on the ground floor of the DOT West Building, 1200 New Jersey Avenue SE, Washington, DC 20590, between 9 a.m. and 5 p.m., ET, Monday through Friday, except Federal holidays. C. Privacy Act In accordance with 5 U.S.C. 553(c), DOT solicits comments from the public to better inform its rulemaking process. 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, FMCSA may grant an exemption from the FMCSRs for a five-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 five-year period. FMCSA grants exemptions from the FMCSRs for a twoyear period to align with the maximum VerDate Sep<11>2014 17:22 Mar 29, 2019 Jkt 247001 duration of a driver’s medical certification. The nine 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 49 CFR 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 in determining whether drivers with certain medical conditions are qualified to operate a CMV in interstate commerce. [49 CFR part 391, APPENDIX A TO PART 391—MEDICAL ADVISORY CRITERIA, section H. Epilepsy: § 391.41(b)(8), paragraphs 3, 4, and 5.] The advisory criteria states the following: 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 Medical Examiner in consultation with the treating physician. Before certification is considered, it is suggested that a sixmonth 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 antiseizure medication is not required, then the driver may be qualified. In those individual cases where a driver 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 1 See https://www.ecfr.gov/cgi-bin/textidx?SID=e47b48a9ea42dd67d999246e23d97970 &mc=true&node=pt49.5.391&rgn=div5#ap49.5.391_ 171.a and https://www.gpo.gov/fdsys/pkg/CFR2015-title49-vol5/pdf/CFR-2015-title49-vol5part391-appA.pdf. PO 00000 Frm 00129 Fmt 4703 Sfmt 4703 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 five-year period or more. As a result of Medical Examiners 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 Medical Examiner 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 the January 15, 2013 notice, the Agency has published additional notices granting requests from individuals for exemptions from the regulatory requirement regarding epilepsy found in 49 CFR 391.41(b)(8). To be considered for an exemption from the epilepsy and seizure disorders prohibition in 49 CFR 391.41(b)(8), applicants must meet the criteria in the 2007 recommendations of the Agency’s Medical Expert Panel (MEP) (78 FR 3069). III. Qualifications of Applicants Darcy D. Baker Mr. Baker is a 47-year-old driver in Ohio. He has a history of a seizure disorder and has been seizure free since October 2007. He takes anti-seizure medication with the dosage and frequency remaining the same since May 2008. His physician states that he is supportive of Mr. Baker receiving an exemption. Kenneth R. Boglia Mr. Boglia is a 40-year-old class C driver in North Carolina. He has a history of partial seizures and has been seizure free since 2010. He takes anti- E:\FR\FM\01APN1.SGM 01APN1 Federal Register / Vol. 84, No. 62 / Monday, April 1, 2019 / Notices seizure medication with the dosage and frequency remaining the same since August 2010. His physician states that he is supportive of Mr. Boglia receiving an exemption. David Consiglio Mr. Consiglio is a 30-year-old class D CDL holder in New York. He has a history of epilepsy and has been seizure free since 2009. He takes anti-seizure medication with the dosage and frequency remaining the same since August 2011. His physician states that he is supportive of Mr. Consiglio receiving an exemption. Gary Cox Mr. Cox is a 45-year-old class A CDL holder in Oregon. He has a history of seizure disorder and has been seizure free since 1999. He takes anti-seizure medication with the dosage and frequency remaining the same since 1999. His physician states that he is supportive of Mr. Cox receiving an exemption. Jim A. Hughes Brent L. Mapes Mr. Mapes is a 53-year-old class AM CDL holder in Illinois. He has a history of epilepsy and has been seizure free since 1999. He takes anti-seizure medication with the dosage and frequency remaining the same since 1999. His physician states that he is supportive of Mr. Mapes receiving an exemption. Enrico G. Mucci Mr. Mucci is a 21-year-old driver in Pennsylvania. He has a history of a seizure disorder and has been seizure free since December 2010. He takes antiseizure medication with the dosage and frequency remaining the same since December 2010. His physician states that he is supportive of Mr. Mucci receiving an exemption. Charles R. Skelton Mr. Skelton is a 52-year-old class DM driver in Alabama. He has a history of complex partial seizures and has been seizure free since 2006. He takes antiseizure medication with the dosage and frequency remaining the same since 2016. His physician states that he is 17:22 Mar 29, 2019 Rick E. Stookey Mr. Stookey is a 68-year-old driver in Colorado. He has a history of complex partial seizures and has been seizure free since 1979. He takes anti-seizure medication with the dosage and frequency remaining the same since 1980. His physician states that she is supportive of Mr. Stookey receiving an exemption. IV. Request for Comments In accordance with 49 U.S.C. 31136(e) and 31315, 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 in the dates section of the notice. Issued on: March 22, 2019. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2019–06245 Filed 3–29–19; 8:45 am] BILLING CODE 4910–EX–P Mr. Hughes is a 49-year-old driver in Washington. He has a history of a seizure disorder and has been seizure free since 1999. He takes anti-seizure medication with the dosage and frequency remaining the same since 1990. His physician states that he is supportive of Mr. Hughes receiving an exemption. VerDate Sep<11>2014 supportive of Mr. Skelton receiving an exemption. Jkt 247001 12319 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 Docket Services, telephone (202) 366–9826. SUPPLEMENTARY INFORMATION: I. Public Participation A. Viewing Documents and Comments To view comments, as well as any documents mentioned in this notice as being available in the docket, go to https://www.regulations.gov. Insert the docket number, FMCSA–2018–0058, in the keyword box, and click ‘‘Search.’’ Next, click the ‘‘Open Docket Folder’’ button and choose the document to review. If you do not have access to the internet, you may view the docket online by visiting the Docket Management Facility in Room W12–140 on the ground floor of the DOT West Building, 1200 New Jersey Avenue SE, Washington, DC 20590, between 9 a.m. and 5 p.m., ET, Monday through Friday, except Federal holidays. B. Privacy Act DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA–2018–0058] Qualification of Drivers; Exemption Applications; Epilepsy and Seizure Disorders Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice of final disposition. AGENCY: FMCSA announces its decision to exempt three 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 antiseizure medication to operate CMVs in interstate commerce. DATES: The exemptions were applicable on March 15, 2019. The exemptions expire on March 15, 2021. FOR FURTHER INFORMATION CONTACT: Ms. Christine A. Hydock, Chief, Medical Programs Division, (202) 366–4001, fmcsamedical@dot.gov, FMCSA, Department of Transportation, 1200 New Jersey Avenue SE, Room W64–224, SUMMARY: PO 00000 Frm 00130 Fmt 4703 Sfmt 4703 In accordance with 5 U.S.C. 553(c), DOT solicits comments from the public to better inform its rulemaking process. 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 On February 6, 2019, FMCSA published a notice announcing receipt of applications from three individuals requesting an exemption from the epilepsy and seizure disorders prohibition in 49 CFR 391.41(b)(8) and requested comments from the public (84 FR 2319). The public comment period ended on March 8, 2019, and no comments were received. FMCSA has evaluated the eligibility of these applicants and determined that granting exemptions to these individuals would achieve a level of safety equivalent to, or greater than, the level that would be achieved by complying with the current regulation 49 CFR 391.41(b)(8). The physical qualification standard for drivers regarding epilepsy found in 49 CFR 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 E:\FR\FM\01APN1.SGM 01APN1

Agencies

[Federal Register Volume 84, Number 62 (Monday, April 1, 2019)]
[Notices]
[Pages 12317-12319]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-06245]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2019-0028]


Qualification of Drivers; Exemption Applications; Epilepsy and 
Seizure Disorders

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION: Notice of applications for exemption; request for comments.

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

SUMMARY: FMCSA announces receipt of applications from nine 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 May 1, 2019.

ADDRESSES: You may submit comments identified by the Federal Docket 
Management System (FDMS) Docket No. FMCSA-2019-0028 using any of the 
following methods:
     Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the online instructions for submitting 
comments.
     Mail: Docket Management Facility; 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, between 9 a.m. and 5 p.m., 
ET, Monday through Friday, except Federal Holidays.
     Fax: 1-202-493-2251.
    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, [email protected], FMCSA, 
Department of Transportation, 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 Docket 
Services, telephone (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-2019-0028), 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.

[[Page 12318]]

    To submit your comment online, go to https://www.regulations.gov, 
put the docket number, FMCSA-2019-0028, in the keyword box, and click 
``Search.'' When the new screen appears, click on the ``Comment Now!'' 
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. 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 Documents and Comments

    To view comments, as well as any documents mentioned in this notice 
as being available in the docket, go to https://www.regulations.gov. 
Insert the docket number, FMCSA-2019-0028, in the keyword box, and 
click ``Search.'' Next, click the ``Open Docket Folder'' button and 
choose the document to review. If you do not have access to the 
internet, you may view the docket online by visiting the Docket 
Management Facility in Room W12-140 on the ground floor of the DOT West 
Building, 1200 New Jersey Avenue SE, Washington, DC 20590, between 9 
a.m. and 5 p.m., ET, Monday through Friday, except Federal holidays.

C. Privacy Act

    In accordance with 5 U.S.C. 553(c), DOT solicits comments from the 
public to better inform its rulemaking process. 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, FMCSA may grant an exemption 
from the FMCSRs for a five-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 
five-year period. FMCSA grants exemptions from the FMCSRs for a two-
year period to align with the maximum duration of a driver's medical 
certification.
    The nine 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 49 CFR 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 in determining whether drivers 
with certain medical conditions are qualified to operate a CMV in 
interstate commerce. [49 CFR part 391, APPENDIX A TO PART 391--MEDICAL 
ADVISORY CRITERIA, section H. Epilepsy: Sec.  391.41(b)(8), paragraphs 
3, 4, and 5.]
---------------------------------------------------------------------------

    \1\ See https://www.ecfr.gov/cgi-bin/text-idx?SID=e47b48a9ea42dd67d999246e23d97970&mc=true&node=pt49.5.391&rgn=div5#ap49.5.391_171.a and https://www.gpo.gov/fdsys/pkg/CFR-2015-title49-vol5/pdf/CFR-2015-title49-vol5-part391-appA.pdf.
---------------------------------------------------------------------------

    The advisory criteria states the following:
    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 Medical 
Examiner in consultation with the treating physician. Before 
certification is considered, it is suggested that a six-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 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 five-
year period or more.
    As a result of Medical Examiners 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 Medical 
Examiner 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 the January 15, 2013 notice, the Agency has 
published additional notices granting requests from individuals for 
exemptions from the regulatory requirement regarding epilepsy found in 
49 CFR 391.41(b)(8).
    To be considered for an exemption from the epilepsy and seizure 
disorders prohibition in 49 CFR 391.41(b)(8), applicants must meet the 
criteria in the 2007 recommendations of the Agency's Medical Expert 
Panel (MEP) (78 FR 3069).

III. Qualifications of Applicants

Darcy D. Baker

    Mr. Baker is a 47-year-old driver in Ohio. He has a history of a 
seizure disorder and has been seizure free since October 2007. He takes 
anti-seizure medication with the dosage and frequency remaining the 
same since May 2008. His physician states that he is supportive of Mr. 
Baker receiving an exemption.

Kenneth R. Boglia

    Mr. Boglia is a 40-year-old class C driver in North Carolina. He 
has a history of partial seizures and has been seizure free since 2010. 
He takes anti-

[[Page 12319]]

seizure medication with the dosage and frequency remaining the same 
since August 2010. His physician states that he is supportive of Mr. 
Boglia receiving an exemption.

David Consiglio

    Mr. Consiglio is a 30-year-old class D CDL holder in New York. He 
has a history of epilepsy and has been seizure free since 2009. He 
takes anti-seizure medication with the dosage and frequency remaining 
the same since August 2011. His physician states that he is supportive 
of Mr. Consiglio receiving an exemption.

Gary Cox

    Mr. Cox is a 45-year-old class A CDL holder in Oregon. He has a 
history of seizure disorder and has been seizure free since 1999. He 
takes anti-seizure medication with the dosage and frequency remaining 
the same since 1999. His physician states that he is supportive of Mr. 
Cox receiving an exemption.

Jim A. Hughes

    Mr. Hughes is a 49-year-old driver in Washington. He has a history 
of a seizure disorder and has been seizure free since 1999. He takes 
anti-seizure medication with the dosage and frequency remaining the 
same since 1990. His physician states that he is supportive of Mr. 
Hughes receiving an exemption.

Brent L. Mapes

    Mr. Mapes is a 53-year-old class AM CDL holder in Illinois. He has 
a history of epilepsy and has been seizure free since 1999. He takes 
anti-seizure medication with the dosage and frequency remaining the 
same since 1999. His physician states that he is supportive of Mr. 
Mapes receiving an exemption.

Enrico G. Mucci

    Mr. Mucci is a 21-year-old driver in Pennsylvania. He has a history 
of a seizure disorder and has been seizure free since December 2010. He 
takes anti-seizure medication with the dosage and frequency remaining 
the same since December 2010. His physician states that he is 
supportive of Mr. Mucci receiving an exemption.

Charles R. Skelton

    Mr. Skelton is a 52-year-old class DM driver in Alabama. He has a 
history of complex partial seizures and has been seizure free since 
2006. He takes anti-seizure medication with the dosage and frequency 
remaining the same since 2016. His physician states that he is 
supportive of Mr. Skelton receiving an exemption.

Rick E. Stookey

    Mr. Stookey is a 68-year-old driver in Colorado. He has a history 
of complex partial seizures and has been seizure free since 1979. He 
takes anti-seizure medication with the dosage and frequency remaining 
the same since 1980. His physician states that she is supportive of Mr. 
Stookey receiving an exemption.

IV. Request for Comments

    In accordance with 49 U.S.C. 31136(e) and 31315, 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 in the dates 
section of the notice.

    Issued on: March 22, 2019.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2019-06245 Filed 3-29-19; 8:45 am]
 BILLING CODE 4910-EX-P
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