Qualification of Drivers; Exemption Applications; Epilepsy and Seizure Disorders, 26722-26724 [2019-11932]

Download as PDF 26722 Federal Register / Vol. 84, No. 110 / Friday, June 7, 2019 / Notices Sherman W. Clapper (ID) Ronald R. Fournier (NY) Ronald D. Jackman II (NV) Thomas W. Kent (IN) Robert J. MacInnis (MA) Larry D. Warneke (WA) The drivers were included in docket number FMCSA–2011–0102. Their exemptions are applicable as of July 22, 2019, and will expire on July 22, 2021. As of July 23, 2019, and in accordance with 49 U.S.C. 31136(e) and 31315, the following ten individuals have satisfied the renewal conditions for obtaining an exemption from the vision requirement in the FMCSRs for interstate CMV drivers (80 FR 35699; 80 FR 48404; 82 FR 33542): Garry D. Burkholder (PA) Wladyslaw Gogola (IL) Antonio Gomez (PA) Acquillious Jackson III (SC) Jimmy D. Johnson II (TN) Bradley J. Kearl (UT) Mark A. Pleskovitch (IL) Edward J. Puto (CT) Kyle B. Sharp (MI) Francis A. St. Pierre (NH) The drivers were included in docket number FMCSA–2015–0052. Their exemptions are applicable as of July 23, 2019, and will expire on July 23, 2021. As of July 31, 2019, and in accordance with 49 U.S.C. 31136(e) and 31315, the following three individuals have satisfied the renewal conditions for obtaining an exemption from the vision requirement in the FMCSRs for interstate CMV drivers (78 FR 24798; 78 FR 46407; 80 FR 36395; 82 FR 33542): Frank L. O’Rourke (NY); Larry F. Reber (OH); and Edward Swaggerty, Jr. (OH) The drivers were included in docket number FMCSA–2013–0027. Their exemptions are applicable as of July 31, 2019, and will expire on July 31, 2021. jbell on DSK3GLQ082PROD with NOTICES V. Conditions and Requirements The exemptions are extended subject to the following conditions: (1) Each driver must undergo an annual physical examination (a) by an ophthalmologist or optometrist who attests that the vision in the better eye continues to meet the requirements in 49 CFR 391.41(b)(10), and (b) by a certified Medical Examiner, as defined by 49 CFR 390.5, who attests that the driver is otherwise physically qualified under 49 CFR 391.41; (2) each driver must provide a copy of the ophthalmologist’s or optometrist’s report to the Medical Examiner at the time of the annual medical examination; and (3) each driver must provide a copy of the annual medical certification to the employer for retention in the driver’s VerDate Sep<11>2014 18:13 Jun 06, 2019 Jkt 247001 qualification file or keep a copy of his/ her driver’s qualification if he/her is self-employed. The driver must also have a copy of the exemption when driving, for presentation to a duly authorized Federal, State, or local enforcement official. The exemption will be rescinded if: (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 before it was 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. Federal Motor Carrier Safety Administration taking anti-seizure medication to operate CMVs in interstate commerce. DATES: Comments must be received on or before July 8, 2019. ADDRESSES: You may submit comments identified by the Federal Docket Management System (FDMS) Docket No. FMCSA–2019–0030 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–2019–0030] I. Public Participation Qualification of Drivers; Exemption Applications; Epilepsy and Seizure Disorders A. Submitting Comments 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. VI. Conclusion Based upon its evaluation of the 74 exemption applications, FMCSA renews the exemptions of the aforementioned drivers from the vision requirement in 49 CFR 391.41(b)(10), subject to the requirements cited above. In accordance with 49 U.S.C. 31136(e) and 31315, each exemption will be valid for two years unless revoked earlier by FMCSA. Issued on: May 29, 2019. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2019–11931 Filed 6–6–19; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice of applications for exemption; request for comments. AGENCY: FMCSA announces receipt of applications from four 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 SUMMARY: PO 00000 Frm 00082 Fmt 4703 Sfmt 4703 If you submit a comment, please include the docket number for this notice (Docket No. FMCSA–2019–0030), 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 https://www.regulations.gov, put the docket number, FMCSA–2019–0030, in E:\FR\FM\07JNN1.SGM 07JNN1 Federal Register / Vol. 84, No. 110 / Friday, June 7, 2019 / Notices 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–2019–0030, 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. jbell on DSK3GLQ082PROD with NOTICES 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 duration of a driver’s medical certification. The four individuals listed in this notice have requested an exemption VerDate Sep<11>2014 18:13 Jun 06, 2019 Jkt 247001 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 no existing residual complications, and is not taking anti-seizure medication. Drivers who have a history of epilepsy/seizures, off anti-seizure 1 See https://www.ecfr.gov/cgi-bin/text-idx?SID= e47b48a9ea42dd67d999 246e23d97970&mc=true&node =pt49.5.391&rgn=div5#ap49.5.391_171.a and https://www.gpo.gov/fdsys/pkg/CFR-2015-title49vol5/pdf/CFR-2015-title49-vol5-part391-appA.pdf. PO 00000 Frm 00083 Fmt 4703 Sfmt 4703 26723 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 Robert Broxson Mr. Broxson is a 53-year-old class DMV driver in Alabama. He has a history of epilepsy and has been seizure free since 1991. He takes anti-seizure medication with the dosage and frequency remaining the same since 2015. His physician states that he is supportive of Mr. Broxson receiving an exemption. Douglas Day Mr. Day is a 40-year-old driver in Indiana. 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 2008. His physician states that he is supportive of Mr. Day receiving an exemption. E:\FR\FM\07JNN1.SGM 07JNN1 26724 Federal Register / Vol. 84, No. 110 / Friday, June 7, 2019 / Notices Logan J. Hertzler Mr. Hertzler is a 25-year-old class C driver in Pennsylvania. He has a history of epilepsy and has been seizure free since 2010. He takes anti-seizure medication with the dosage and frequency remaining the same since 2010. His physician states that he is supportive of Mr. Hertzler receiving an exemption. Alexandria Lockhart Ms. Lockhart is a 27-year-old class C driver in Pennsylvania. She has a history of epilepsy and has been seizure free since April 2011. She takes antiseizure medication with the dosage and frequency remaining the same since 2011. Her physician states that she is supportive of Ms. Lockhart 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: May 29, 2019. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2019–11932 Filed 6–6–19; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration jbell on DSK3GLQ082PROD with NOTICES [Docket No. FMCSA–2000–7918; FMCSA– 2000–8398; FMCSA–2002–12294; FMCSA– 2004–19477; FMCSA–2005–20027; FMCSA– 2005–20560; FMCSA–2007–27333; FMCSA– 2008–0106; FMCSA–2008–0231; FMCSA– 2008–0398; FMCSA–2009–0054; FMCSA– 2010–0201; FMCSA–2010–0287; FMCSA– 2010–0354; FMCSA–2010–0372; FMCSA– 2011–0010; FMCSA–2011–0024; FMCSA– 2011–0057; FMCSA–2012–0279; FMCSA– 2012–0337; FMCSA–2012–0338; FMCSA– 2013–0021; FMCSA–2013–0022; FMCSA– 2013–0023; FMCSA–2013–0024; FMCSA– 2013–0169; FMCSA–2014–0299; FMCSA– 2014–0300; FMCSA–2014–0301; FMCSA– 2014–0302; FMCSA–2014–0304; FMCSA– 2014–0305; FMCSA–2016–0030; FMCSA– 2016–0214; FMCSA–2017–0014; FMCSA– 2017–0016] Qualification of Drivers; Exemption Applications; Vision Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice of final disposition. AGENCY: FMCSA announces its decision to renew exemptions for 74 SUMMARY: VerDate Sep<11>2014 18:13 Jun 06, 2019 Jkt 247001 individuals from the vision requirement in the Federal Motor Carrier Safety Regulations (FMCSRs) for interstate commercial motor vehicle (CMV) drivers. The exemptions enable these individuals to continue to operate CMVs in interstate commerce without meeting the vision requirement in one eye. 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. 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 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–2000–7918; FMCSA–2000–8398; FMCSA–2002– 12294; FMCSA–2004–19477; FMCSA– 2005–20027; FMCSA–2005–20560; FMCSA–2007–27333; FMCSA–2008– 0106; FMCSA–2008–0231; FMCSA– 2008–0398; FMCSA–2009–0054; FMCSA–2010–0201; FMCSA–2010– 0287; FMCSA–2010–0354; FMCSA– 2010–0372; FMCSA–2011–0010; FMCSA–2011–0024; FMCSA–2011– 0057; FMCSA–2012–0279; FMCSA– 2012–0337; FMCSA–2012–0338; FMCSA–2013–0021; FMCSA–2013– 0022; FMCSA–2013–0023; FMCSA– 2013–0024; FMCSA–2013–0169; FMCSA–2014–0299; FMCSA–2014– 0300; FMCSA–2014–0301; FMCSA– 2014–0302; FMCSA–2014–0304; FMCSA–2014–0305; FMCSA–2016– 0030; FMCSA–2016–0214; FMCSA– 2017–0014; FMCSA–2017–0016, 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. PO 00000 Frm 00084 Fmt 4703 Sfmt 4703 B. 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 On April 2, 2019, FMCSA published a notice announcing its decision to renew exemptions for 74 individuals from the vision requirement in 49 CFR 391.41(b)(10) to operate a CMV in interstate commerce and requested comments from the public (84 FR 12665). The public comment period ended on May 2, 2019, and no comments were received. As stated in the previous notice, FMCSA has evaluated the eligibility of these applicants and determined that renewing these exemptions 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)(10). The physical qualification standard for drivers regarding vision found in 49 CFR 391.41(b)(10) states that a person is physically qualified to drive a CMV if that person has distant visual acuity of at least 20/40 (Snellen) in each eye without corrective lenses or visual acuity separately corrected to 20/40 (Snellen) or better with corrective lenses, distant binocular acuity of a least 20/40 (Snellen) in both eyes with or without corrective lenses, field of vision of at least 70° in the horizontal meridian in each eye, and the ability to recognize the colors of traffic signals and devices showing red, green, and amber. III. Discussion of Comments FMCSA received no comments in this preceding. IV. Conclusion Based on its evaluation of the 74 renewal exemption applications and comments received, FMCSA confirms its decision to exempt the following drivers from the vision requirement in 49 CFR 391.41(b)(10). In accordance with 49 U.S.C. 31136(e) and 31315, the following groups of drivers received renewed exemptions in the month of May and are discussed below. As of May 7, 2019, and in accordance with 49 U.S.C. 31136(e) and 31315, the following 47 individuals have satisfied the renewal conditions for obtaining an exemption from the vision requirement in the FMCSRs for E:\FR\FM\07JNN1.SGM 07JNN1

Agencies

[Federal Register Volume 84, Number 110 (Friday, June 7, 2019)]
[Notices]
[Pages 26722-26724]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-11932]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2019-0030]


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 four 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 July 8, 2019.

ADDRESSES: You may submit comments identified by the Federal Docket 
Management System (FDMS) Docket No. FMCSA-2019-0030 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-2019-0030), 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 https://www.regulations.gov, 
put the docket number, FMCSA-2019-0030, in

[[Page 26723]]

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-2019-0030, 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 four 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

Robert Broxson

    Mr. Broxson is a 53-year-old class DMV driver in Alabama. He has a 
history of epilepsy and has been seizure free since 1991. He takes 
anti-seizure medication with the dosage and frequency remaining the 
same since 2015. His physician states that he is supportive of Mr. 
Broxson receiving an exemption.

Douglas Day

    Mr. Day is a 40-year-old driver in Indiana. 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 2008. 
His physician states that he is supportive of Mr. Day receiving an 
exemption.

[[Page 26724]]

Logan J. Hertzler

    Mr. Hertzler is a 25-year-old class C driver in Pennsylvania. He 
has a history of epilepsy and has been seizure free since 2010. He 
takes anti-seizure medication with the dosage and frequency remaining 
the same since 2010. His physician states that he is supportive of Mr. 
Hertzler receiving an exemption.

Alexandria Lockhart

    Ms. Lockhart is a 27-year-old class C driver in Pennsylvania. She 
has a history of epilepsy and has been seizure free since April 2011. 
She takes anti-seizure medication with the dosage and frequency 
remaining the same since 2011. Her physician states that she is 
supportive of Ms. Lockhart 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: May 29, 2019.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2019-11932 Filed 6-6-19; 8:45 am]
 BILLING CODE 4910-EX-P
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