Qualification of Drivers; Exemption Applications; Epilepsy and Seizure Disorders, 17080-17082 [2023-05754]

Download as PDF 17080 Federal Register / Vol. 88, No. 54 / Tuesday, March 21, 2023 / Notices 0008, FMCSA–2018–0053, FMCSA– 2018–0056, or FMCSA–2019–0036) in the keyword box and click ‘‘Search.’’ Next, sort the results by ‘‘Posted (Newer-Older),’’ choose the first notice listed, and click ‘‘Browse Comments.’’ If you do not have access to the internet, you may view the docket online by visiting Dockets Operations in Room W12–140 on the ground floor of the DOT West Building, 1200 New Jersey Avenue SE, Washington, DC 20590– 0001, between 9 a.m. and 5 p.m. ET Monday through Friday, except Federal holidays. To be sure someone is there to help you, please call (202) 366–9317 or (202) 366–9826 before visiting Dockets Operations. B. Privacy Act In accordance with 49 U.S.C. 31315(b)(6), DOT solicits comments from the public on the exemption request. DOT posts these comments, without edit, including any personal information the commenter provides, to www.regulations.gov. As described in the system of records notice DOT/ALL 14 (Federal Docket Management System), which can be reviewed at https://www.transportation.gov/ individuals/privacy/privacy-act-systemrecords-notices, the comments are searchable by the name of the submitter. ddrumheller on DSK120RN23PROD with NOTICES1 II. Background On January 24, 2023, FMCSA published a notice announcing its decision to renew exemptions for nine individuals from the epilepsy and seizure disorders prohibition in 49 CFR 391.41(b)(8) to operate a CMV in interstate commerce and requested comments from the public (88 FR 4288). The public comment period ended on February 23, 2023, and no comments were received. FMCSA has evaluated the eligibility of these applicants and determined that renewing these exemptions would likely achieve a level of safety that is equivalent to, or greater than, the level that would be achieved by complying with § 391.41(b)(8). 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 1 These criteria may be found in APPENDIX A TO PART 391—MEDICAL ADVISORY CRITERIA, section H. Epilepsy: § 391.41(b)(8), paragraphs 3, 4, VerDate Sep<11>2014 19:23 Mar 20, 2023 Jkt 259001 assist medical examiners in determining whether drivers with certain medical conditions are qualified to operate a CMV in interstate commerce. III. Discussion of Comments IV. Conclusion Based on its evaluation of the nine renewal exemption applications and comments received, FMCSA announces its decision to exempt the following drivers from the epilepsy and seizure disorders prohibition in § 391.41(b)(8). As of February 3, 2023, and in accordance with 49 U.S.C. 31136(e) and 31315(b), the following nine individuals have satisfied the renewal conditions for obtaining an exemption from the epilepsy and seizure disorders prohibition in the FMCSRs for interstate CMV drivers (88 FR 4288): Jeffrey Ballweg (WI) David Crouch (KY) Peter DellaRocco (PA) Ronnie Moody (NC) Brian Porter (PA) Isaac Rogers (IL) Thomas Tincher (NC) Keith White (PA) Floyd Williams (VA) The drivers were included in docket number FMCSA–2010–0203, FMCSA– 2013–0109, FMCSA–2013–0444, FMCSA–2014–0215, FMCSA–2016– 0008, FMCSA–2018–0053, FMCSA– 2018–0056, or FMCSA–2019–0036. Their exemptions were applicable as of February 3, 2023 and will expire on February 3, 2025. 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. 2023–05753 Filed 3–20–23; 8:45 am] BILLING CODE 4910–EX–P 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. Frm 00143 Fmt 4703 Sfmt 4703 Federal Motor Carrier Safety Administration [FMCSA Docket No. FMCSA–2022–0047] FMCSA received no comments in this proceeding. PO 00000 DEPARTMENT OF TRANSPORTATION Qualification of Drivers; Exemption Applications; Epilepsy and Seizure Disorders Federal Motor Carrier Safety Administration (FMCSA), Department of Transportation (DOT). ACTION: Notice of final disposition. AGENCY: FMCSA announces its decision to exempt 15 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 operate CMVs in interstate commerce. DATES: The exemptions were applicable on February 28, 2023. The exemptions expire on February 28, 2023. FOR FURTHER INFORMATION CONTACT: Ms. Christine A. Hydock, Chief, Medical Programs Division, FMCSA, DOT, 1200 New Jersey Avenue SE, Room W64–224, Washington, DC 20590–0001, (202) 366– 4001, fmcsamedical@dot.gov. 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. SUPPLEMENTARY INFORMATION: SUMMARY: I. Public Participation A. Viewing Comments To view comments go to www.regulations.gov. Insert the docket number, (FMCSA–2022–0047) 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. E:\FR\FM\21MRN1.SGM 21MRN1 Federal Register / Vol. 88, No. 54 / Tuesday, March 21, 2023 / Notices B. Privacy Act In accordance with 49 U.S.C. 31315(b)(6), DOT solicits comments from the public on the exemption requests. DOT posts these comments, without edit, including any personal information the commenter provides, to www.regulations.gov. As described in the system of records notice DOT/ALL 14 (Federal Docket Management System), which can be reviewed at https://www.transportation.gov/ individuals/privacy/privacy-act-systemrecords-notices, the comments are searchable by the name of the submitter. II. Background On January 24, 2023, FMCSA published a notice announcing receipt of applications from 15 individuals requesting an exemption from the epilepsy and seizure disorders prohibition in 49 CFR 391.41(b)(8) and requested comments from the public (88 FR 4286). The public comment period ended on February 23, 2023, and no comments were received. FMCSA has evaluated the eligibility of these applicants and determined that granting exemptions to these individuals would likely achieve a level of safety that is equivalent to, or greater than, the level that would be achieved by complying with § 391.41(b)(8). 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. ddrumheller on DSK120RN23PROD with NOTICES1 III. Discussion of Comments FMCSA received no comments in this proceeding. IV. Basis for Exemption Determination 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 1 These 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. VerDate Sep<11>2014 19:23 Mar 20, 2023 Jkt 259001 achieved absent such exemption. The statutes allow the Agency to renew exemptions at the end of the 5-year period. However, 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 Agency’s decision regarding these exemption applications is based on the 2007 recommendations of the Agency’s Medical Expert Panel. The Agency conducted an individualized assessment of each applicant’s medical information, including the root cause of the respective seizure(s) and medical information about the applicant’s seizure history, the length of time that has elapsed since the individual’s last seizure, the stability of each individual’s treatment regimen and the duration of time on or off of anti-seizure medication. In addition, the Agency reviewed the treating clinician’s medical opinion related to the ability of the driver to safely operate a CMV with a history of seizure and each applicant’s driving record found in the commercial driver’s license Information System for commercial driver’s license (CDL) holders, and interstate and intrastate inspections recorded in the Motor Carrier Management Information System. For non-CDL holders, the Agency reviewed the driving records from the State Driver’s Licensing Agency. A summary of each applicant’s seizure history was discussed in the January 24, 2023, Federal Register notice (88 FR 4286) and will not be repeated in this notice. These 15 applicants have been seizure-free over a range of 33 years while taking anti-seizure medication and maintained a stable medication treatment regimen for the last 2 years. In each case, the applicant’s treating physician verified his or her seizure history and supports the ability to drive commercially. The Agency acknowledges the potential consequences of a driver experiencing a seizure while operating a CMV. However, the Agency believes the drivers granted this exemption have demonstrated that they are unlikely to have a seizure and their medical condition does not pose a risk to public safety. Consequently, FMCSA finds further that in each case exempting these applicants from the epilepsy and seizure disorder prohibition in § 391.41(b)(8) would likely achieve a level of safety equal to that existing without the exemption, consistent with the applicable standard in 49 U.S.C. 31315(b)(1). PO 00000 Frm 00144 Fmt 4703 Sfmt 4703 17081 V. Conditions and Requirements The terms and conditions of the exemption are provided to the applicants in the exemption document and include 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 § 390.5T; 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 their driver’s qualification file if they are 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 15 exemption applications, FMCSA exempts the following drivers from the epilepsy and seizure disorder prohibition in § 391.41(b)(8), subject to the requirements cited above: Andrew Briggs (WI) Joel Clapper (MI) Trent Clark (PA) John Girdley (KY) Larry Kirby (MO) Matthew Lynch (PA) Edward Malicki (NY) Jared Meyers (MS) James Niemoller (MD) Joshua Pattyn (OR) Joe W. Porath (ID) Jon Rollins (OH) Garrett Sager (IA) Colin Trummer (OH) Shawn Vanliew (MN) 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 E:\FR\FM\21MRN1.SGM 21MRN1 17082 Federal Register / Vol. 88, No. 54 / Tuesday, March 21, 2023 / Notices and objectives of 49 U.S.C. 31136, 49 U.S.C. chapter 313, or the FMCSRs. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2023–05754 Filed 3–20–23; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION Office of the Secretary [Docket No. DOT–OST–2022–0133] Agency Information Collection Activities: Request for Comments; Renewal of a Previously Approved Information Collection: U.S. Department of Transportation, Individual Complaint of Employment Discrimination Form Office of the Secretary, U.S. Department of Transportation. ACTION: Notice and request for comments. AGENCY: In accordance with the Paperwork Reduction Act of 1995, this notice announces that the U.S. Department of Transportation (DOT) will forward the Information Collection Request (ICR) abstracted below to the Office of Management and Budget (OMB) for renewal of a previously approved collection. The ICR describes the nature of the information collection and its expected cost and burden hours. The OMB approved the form in 2020 with its renewal required by April 30, 2023. The Federal Register Notice with a 60-day comment period soliciting comments on the form renewal was published on November 18, 2022 [FR Vol. 87, No. 222, page 69386]. No comments were received. DATES: Comments on this notice are due by April 16, 2023. FOR FURTHER INFORMATION CONTACT: Barbara Dougherty, Deputy Director, Departmental Office of Civil Rights, U.S. Department of Transportation, 1200 New Jersey Avenue SE, Washington, DC 20590, 202–366–9850 (office), barbara.dougherty@dot.gov. SUPPLEMENTARY INFORMATION: Title: Individual Complaint of Employment Discrimination Form. Form Number: DOT–F 1050–8. OMB Control Number: 2105–0556. Type of Request: Renewal of a previously approved collection. Abstract: DOT will utilize the form to collect information necessary to process EEO discrimination complaints filed by individuals who are Federal employees, former employees or applicants for employment with the Department. These complaints are processed in ddrumheller on DSK120RN23PROD with NOTICES1 SUMMARY: VerDate Sep<11>2014 19:23 Mar 20, 2023 Jkt 259001 accordance with the U.S. Equal Employment Opportunity Commission’s regulations, Title 29, Code of Federal Regulations, Part 1614, as amended. DOT will use the form to: (a) Request requisite information from the applicant for processing his/her EEO discrimination complaint; and (b) obtain information to identify an individual or his or her attorney or other representative, if appropriate. An applicant’s filing of an EEO discrimination complaint is solely voluntary. The DOT estimates that it takes an applicant approximately one hour to complete the form. Affected Public: Federal employees, former employees, or applicants for employment with the Department. Estimated Number of Respondents: 275 per year. Estimated Total Annual Estimated Burden: 275 hours. Frequency of Collection: An individual’s filing of an EEO complaint is solely voluntary. Send comments regarding the burden estimate, including suggestions for reducing the burden, to the Office of Management and Budget, Attention: Desk Officer for the Office of the Secretary of Transportation, 725 17th Street NW, Washington, DC 20503. Comments are invited on: Whether the proposed collection of information is necessary for the proper performance of the functions of the Department, including whether the information will have practical utility; the accuracy of the Department’s estimate of the burden of the proposed information collection; ways to enhance the quality, utility and clarity of the information to be collected; and ways to minimize the burden of the collection of information on respondents, including the use of automated collection techniques or other forms of information technology. All responses to this notice will be summarized and included in the request for Office of Management and Budget approval. All comments will also become a matter of public record. Authority: The Paperwork Reduction Act of 1995; 44 U.S.C. Chapter 35, as amended; and 49 CFR 1:48. ADDRESSES: Issued in Washington, DC, on March 15, 2023. Barbara Dougherty, Deputy Director, Departmental Office of Civil Rights, U.S. Department of Transportation. [FR Doc. 2023–05695 Filed 3–20–23; 8:45 am] BILLING CODE 4910–9X–P PO 00000 Frm 00145 Fmt 4703 Sfmt 4703 DEPARTMENT OF VETERANS AFFAIRS Solicitation of Nomination for Appointment to the Advisory Committee on Disability Compensation ACTION: Notice. The Department of Veterans Affairs (VA), Advisory Committee on Disability Compensation (the Committee), is seeking nominations of qualified candidates to be considered for appointment as a member of the Advisory Committee for the 2023–2024 membership cycle. DATES: Nominations for membership on the Committee must be received by April 30, 2023, no later than 4 p.m., Eastern Standard Time. Packages received after this time will not be considered for the current membership cycle. ADDRESSES: All nomination packages should be emailed to the Designated Federal Officer (DFO), Jadine Piper, at 21C_ACDC.VBACO@va.gov. SUPPLEMENTARY INFORMATION: In carrying out the duties set forth, the Committee provides a Congressionally mandated biennial report to the Secretary, which includes: (1) Providing ongoing assessment of the effectiveness, maintenance, and periodic readjustment of the VA Schedule for Rating Disabilities (VASRD). (2) Reviewing programs and activities within VA that relate to the payment of disability compensation and providing recommendations on the most appropriate means of responding to the needs of Veterans relating to disability compensation in the future. (3) Assessing the needs of Veterans with respect to compensation benefits and VASRD by meeting with VA officials, Veterans Service Organizations (VSO), and other stakeholders. Management and support services for the Committee are provided by VBA. Authority: The Committee is authorized by 38 U.S.C. 546 and operates under the provisions of the Federal Advisory Committee Act, as amended, 5 U.S.C. App. 2. Membership Criteria: VBA is requesting nominations for vacancies on the Committee. As required by statute, the members of the Committee are appointed by the Secretary from the general public, including, but not limited to: (1) Individuals with experience with the provision of disability compensation by the Department; or SUMMARY: E:\FR\FM\21MRN1.SGM 21MRN1

Agencies

[Federal Register Volume 88, Number 54 (Tuesday, March 21, 2023)]
[Notices]
[Pages 17080-17082]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-05754]


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

DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[FMCSA Docket No. FMCSA-2022-0047]


Qualification of Drivers; Exemption Applications; Epilepsy and 
Seizure Disorders

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

ACTION: Notice of final disposition.

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

SUMMARY: FMCSA announces its decision to exempt 15 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 operate CMVs in interstate commerce.

DATES: The exemptions were applicable on February 28, 2023. The 
exemptions expire on February 28, 2023.

FOR FURTHER INFORMATION CONTACT: Ms. Christine A. Hydock, Chief, 
Medical Programs Division, FMCSA, DOT, 1200 New Jersey Avenue SE, Room 
W64-224, Washington, DC 20590-0001, (202) 366-4001, 
[email protected]. 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.

SUPPLEMENTARY INFORMATION:

I. Public Participation

A. Viewing Comments

    To view comments go to www.regulations.gov. Insert the docket 
number, (FMCSA-2022-0047) in the keyword box and click ``Search.'' 
Next, sort the results by ``Posted (Newer-Older),'' choose the first 
notice listed, and click ``Browse Comments.'' If you do not have access 
to the internet, you may view the docket online by visiting Dockets 
Operations in Room W12-140 on the ground floor of the DOT West 
Building, 1200 New Jersey Avenue SE, Washington, DC 20590-0001, between 
9 a.m. and 5 p.m. ET Monday through Friday, except Federal holidays. To 
be sure someone is there to help you, please call (202) 366-9317 or 
(202) 366-9826 before visiting Dockets Operations.

[[Page 17081]]

B. Privacy Act

    In accordance with 49 U.S.C. 31315(b)(6), DOT solicits comments 
from the public on the exemption requests. DOT posts these comments, 
without edit, including any personal information the commenter 
provides, to www.regulations.gov. As described in the system of records 
notice DOT/ALL 14 (Federal Docket Management System), which can be 
reviewed at https://www.transportation.gov/individuals/privacy/privacy-act-system-records-notices, the comments are searchable by the name of 
the submitter.

II. Background

    On January 24, 2023, FMCSA published a notice announcing receipt of 
applications from 15 individuals requesting an exemption from the 
epilepsy and seizure disorders prohibition in 49 CFR 391.41(b)(8) and 
requested comments from the public (88 FR 4286). The public comment 
period ended on February 23, 2023, and no comments were received.
    FMCSA has evaluated the eligibility of these applicants and 
determined that granting exemptions to these individuals would likely 
achieve a level of safety that is equivalent to, or greater than, the 
level that would be achieved by complying with Sec.  391.41(b)(8).
    The physical qualification standard for drivers regarding epilepsy 
found in Sec.  391.41(b)(8) states that a person is physically 
qualified to drive a CMV if that person has no established medical 
history or clinical diagnosis of epilepsy or any other condition which 
is likely to cause the loss of consciousness or any loss of ability to 
control a CMV.
    In addition to the regulations, FMCSA has published advisory 
criteria \1\ to assist medical examiners (MEs) in determining whether 
drivers with certain medical conditions are qualified to operate a CMV 
in interstate commerce.
---------------------------------------------------------------------------

    \1\ These criteria may be found in APPENDIX A TO PART 391--
MEDICAL ADVISORY CRITERIA, section H. Epilepsy: Sec.  391.41(b)(8), 
paragraphs 3, 4, and 5, which is available on the internet at 
https://www.gpo.gov/fdsys/pkg/CFR-2015-title49-vol5/pdf/CFR-2015-title49-vol5-part391-appA.pdf.
---------------------------------------------------------------------------

III. Discussion of Comments

    FMCSA received no comments in this proceeding.

IV. Basis for Exemption Determination

    Under 49 U.S.C. 31136(e) and 31315(b), FMCSA may grant an exemption 
from the FMCSRs for no longer than a 5-year period if it finds such 
exemption would likely achieve a level of safety that is equivalent to, 
or greater than, the level that would be achieved absent such 
exemption. The statutes allow the Agency to renew exemptions at the end 
of the 5-year period. However, 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 Agency's decision regarding these exemption applications is 
based on the 2007 recommendations of the Agency's Medical Expert Panel. 
The Agency conducted an individualized assessment of each applicant's 
medical information, including the root cause of the respective 
seizure(s) and medical information about the applicant's seizure 
history, the length of time that has elapsed since the individual's 
last seizure, the stability of each individual's treatment regimen and 
the duration of time on or off of anti-seizure medication. In addition, 
the Agency reviewed the treating clinician's medical opinion related to 
the ability of the driver to safely operate a CMV with a history of 
seizure and each applicant's driving record found in the commercial 
driver's license Information System for commercial driver's license 
(CDL) holders, and interstate and intrastate inspections recorded in 
the Motor Carrier Management Information System. For non-CDL holders, 
the Agency reviewed the driving records from the State Driver's 
Licensing Agency. A summary of each applicant's seizure history was 
discussed in the January 24, 2023, Federal Register notice (88 FR 4286) 
and will not be repeated in this notice.
    These 15 applicants have been seizure-free over a range of 33 years 
while taking anti-seizure medication and maintained a stable medication 
treatment regimen for the last 2 years. In each case, the applicant's 
treating physician verified his or her seizure history and supports the 
ability to drive commercially.
    The Agency acknowledges the potential consequences of a driver 
experiencing a seizure while operating a CMV. However, the Agency 
believes the drivers granted this exemption have demonstrated that they 
are unlikely to have a seizure and their medical condition does not 
pose a risk to public safety.
    Consequently, FMCSA finds further that in each case exempting these 
applicants from the epilepsy and seizure disorder prohibition in Sec.  
391.41(b)(8) would likely achieve a level of safety equal to that 
existing without the exemption, consistent with the applicable standard 
in 49 U.S.C. 31315(b)(1).

V. Conditions and Requirements

    The terms and conditions of the exemption are provided to the 
applicants in the exemption document and include 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 Sec.  390.5T; 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 their driver's 
qualification file if they are 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.

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 15 exemption applications, FMCSA 
exempts the following drivers from the epilepsy and seizure disorder 
prohibition in Sec.  391.41(b)(8), subject to the requirements cited 
above:

Andrew Briggs (WI)
Joel Clapper (MI)
Trent Clark (PA)
John Girdley (KY)
Larry Kirby (MO)
Matthew Lynch (PA)
Edward Malicki (NY)
Jared Meyers (MS)
James Niemoller (MD)
Joshua Pattyn (OR)
Joe W. Porath (ID)
Jon Rollins (OH)
Garrett Sager (IA)
Colin Trummer (OH)
Shawn Vanliew (MN)

    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

[[Page 17082]]

and objectives of 49 U.S.C. 31136, 49 U.S.C. chapter 313, or the 
FMCSRs.

Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2023-05754 Filed 3-20-23; 8:45 am]
BILLING CODE 4910-EX-P
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