Qualification of Drivers; Exemption Applications; Epilepsy and Seizure Disorders, 62884-62886 [2023-19754]

Download as PDF 62884 Federal Register / Vol. 88, No. 176 / Wednesday, September 13, 2023 / Notices 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 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. ddrumheller on DSK120RN23PROD with NOTICES1 II. Background On August 3, 2023, FMCSA published a notice announcing its decision to renew exemptions for seven individuals from the hearing standard in 49 CFR 391.41(b)(11) to operate a CMV in interstate commerce and requested comments from the public (88 FR 51392). The public comment period ended on September 5, 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)(11). The physical qualification standard for drivers regarding hearing found in § 391.41(b)(11) states that a person is physically qualified to drive a CMV if that person first perceives a forced whispered voice in the better ear at not less than 5 feet with or without the use of a hearing aid or, if tested by use of an audiometric device, does not have an average hearing loss in the better ear greater than 40 decibels at 500 Hz, 1,000 Hz, and 2,000 Hz with or without a hearing aid when the audiometric device is calibrated to American National Standard (formerly ASA Standard) Z24.5—1951. This standard was adopted in 1970 and was revised in 1971 to allow drivers to be qualified under this standard while wearing a hearing aid (35 FR 6458, 6463 (Apr. 22, 1970) and 36 FR 12857 (July 8, 1971), respectively). III. Discussion of Comments 17:37 Sep 12, 2023 Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2023–19753 Filed 9–12–23; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA–2023–0036] Qualification of Drivers; Exemption Applications; Epilepsy and Seizure Disorders Federal Motor Carrier Safety Administration (FMCSA), Department of Transportation (DOT). ACTION: Notice of applications for exemption; request for comments. AGENCY: FMCSA announces receipt of applications from 12 individuals for an exemption from the prohibition in the SUMMARY: FMCSA received no comments in this proceeding. VerDate Sep<11>2014 IV. Conclusion Based upon its evaluation of the seven renewal exemption applications, FMCSA announces its decision to exempt the following drivers from the hearing requirement in § 391.41 (b)(11). As of August 13, 2023, and in accordance with 49 U.S.C. 31136(e) and 31315(b), the following seven individuals have satisfied the renewal conditions for obtaining an exemption from the hearing requirement in the FMCSRs for interstate CMV drivers (88 FR 51393): Jason Clark (MO) Timothy Finley (CA) William Jones (MN) David Presley (TX) Michael Smith (CO) Donald Taylor (NC) Holly Wright, Jr. (NC) The drivers were included in docket numbers FMCSA–2012–0154, FMCSA– 2013–0124, FMCSA–2014–0385, FMCSA–2016–0002, FMCSA–2018– 0138, or FMCSA–2020–0027. Their exemptions were applicable as of August 13, 2023 and will expire on August 13, 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, 49 U.S.C. chapter 313, or the FMCSRs. Jkt 259001 PO 00000 Frm 00115 Fmt 4703 Sfmt 4703 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 October 13, 2023. ADDRESSES: You may submit comments identified by the Federal Docket Management System Docket No. FMCSA–2023–0036 using any of the following methods: • Federal eRulemaking Portal: Go to www.regulations.gov/, insert the docket number (FMCSA–2023–0036) in the keyword box and click ‘‘Search.’’ Next, choose the only notice listed, and click on the ‘‘Comment’’ button. Follow the online instructions for submitting comments. • Mail: Dockets Operations; U.S. Department of Transportation, 1200 New Jersey Avenue SE, West Building Ground Floor, Washington, DC 20590– 0001. • Hand Delivery: West Building Ground Floor, 1200 New Jersey Avenue SE, Washington, DC 20590–0001 between 9 a.m. and 5 p.m. ET Monday through Friday, except Federal holidays. • Fax: (202) 493–2251. To avoid duplication, please use only one of these four methods. See the ‘‘Public Participation’’ portion of the SUPPLEMENTARY INFORMATION section for instructions on submitting comments. FOR FURTHER INFORMATION CONTACT: Ms. Christine A. Hydock, Chief, Medical Programs Division, FMCSA, DOT, 1200 New Jersey Avenue SE, Room W64–224, Washington, DC 20590–0001, (202) 366– 4001, fmcsamedical@dot.gov. Office hours are 8:30 a.m. to 5 p.m. ET Monday through Friday, except Federal holidays. If you have questions regarding viewing or submitting material to the docket, contact Dockets Operations, (202) 366– 9826. SUPPLEMENTARY INFORMATION: I. Public Participation A. Submitting Comments If you submit a comment, please include the docket number for this notice (Docket No. FMCSA–2023–0036), 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 E:\FR\FM\13SEN1.SGM 13SEN1 Federal Register / Vol. 88, No. 176 / Wednesday, September 13, 2023 / Notices 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/docket/ FMCSA-2023-0036/document. Next, choose the only notice listed, click the ‘‘Comment’’ button, and type your comment into the text box on the following screen. Choose whether you are submitting your comment as an individual or on behalf of a third party and then submit. If you submit your comments by mail or hand delivery, submit them in an unbound format, no larger than 81⁄2 by 11 inches, suitable for copying and electronic filing. FMCSA will consider all comments and material received during the comment period. ddrumheller on DSK120RN23PROD with NOTICES1 B. Viewing Comments To view comments go to www.regulations.gov. Insert the docket number (FMCSA–2023–0036) in the keyword box and click ‘‘Search.’’ Next, choose the only 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 on the ground floor of the DOT West Building, 1200 New Jersey Avenue SE, Washington, DC 20590– 0001, between 9 a.m. and 5 p.m. ET Monday through Friday, except Federal holidays. To be sure someone is there to help you, please call (202) 366–9317 or (202) 366–9826 before visiting Dockets Operations. C. Privacy Act In accordance with 49 U.S.C. 31315(b)(6), DOT solicits comments from the public on the exemption request. DOT posts these comments, without edit, including any personal information the commenter provides, to www.regulations.gov. As described in the system of records notice DOT/ALL 14 (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 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 VerDate Sep<11>2014 17:37 Sep 12, 2023 Jkt 259001 greater than, the level that would be achieved absent such exemption. The statutes also allow the Agency to renew exemptions at the end of the 5-year period. FMCSA grants medical exemptions from the FMCSRs for a 2year period to align with the maximum duration of a driver’s medical certification. The 12 individuals listed in this notice have requested an exemption from the epilepsy and seizure disorders prohibition in 49 CFR 391.41(b)(8). Accordingly, the Agency will evaluate the qualifications of each applicant to determine whether granting the exemption will achieve the required level of safety mandated by statute. The physical qualification standard for drivers regarding epilepsy found in § 391.41(b)(8) states that a person is physically qualified to drive a CMV if that person has no established medical history or clinical diagnosis of epilepsy or any other condition which is likely to cause the loss of consciousness or any loss of ability to control a CMV. In addition to the regulations, FMCSA has published advisory criteria 1 to assist medical examiners (MEs) in determining whether drivers with certain medical conditions are qualified to operate a CMV in interstate commerce. The criteria states that if an individual has had a sudden episode of a nonepileptic seizure or loss of consciousness of unknown cause that did not require anti-seizure medication, the decision whether that person’s condition is likely to cause the loss of consciousness or loss of ability to control a CMV should be made on an individual basis by the ME in consultation with the treating physician. Before certification is considered, it is suggested that a 6-month waiting period elapse from the time of the episode. Following the waiting period, it is suggested that the individual have a complete neurological examination. If the results of the examination are negative and anti-seizure medication is not required, then the driver may be qualified. In those individual cases where a driver has had a seizure or an episode of loss of consciousness that resulted from a known medical condition (e.g., drug reaction, high temperature, acute infectious disease, dehydration, or acute metabolic disturbance), certification should be deferred until the driver has 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. PO 00000 Frm 00116 Fmt 4703 Sfmt 4703 62885 recovered fully from that condition, has no existing residual complications, and is not taking anti-seizure medication. Drivers who have a history of epilepsy/seizures, off anti-seizure medication, and seizure-free for 10 years, may be qualified to operate a CMV in interstate commerce. Interstate drivers with a history of a single unprovoked seizure may be qualified to drive a CMV in interstate commerce if seizure-free and off anti-seizure medication for a 5-year period or more. As a result of MEs misinterpreting advisory criteria as regulation, numerous drivers have been prohibited from operating a CMV in interstate commerce based on the fact that they have had one or more seizures and are taking anti-seizure medication, rather than an individual analysis of their circumstances by a qualified ME based on the physical qualification standards and medical best practices. On January 15, 2013, FMCSA announced in a notice of final disposition titled, ‘‘Qualification of Drivers; Exemption Applications; Epilepsy and Seizure Disorders,’’ (78 FR 3069), its decision to grant requests from 22 individuals for exemptions from the regulatory requirement that interstate CMV drivers have ‘‘no established medical history or clinical diagnosis of epilepsy or any other condition which is likely to cause loss of consciousness or any loss of ability to control a CMV.’’ Since that time, the Agency has published additional notices granting requests from individuals for exemptions from the regulatory requirement regarding epilepsy found in § 391.41(b)(8). To be considered for an exemption from the epilepsy and seizure disorders prohibition in § 391.41(b)(8), applicants must meet the criteria in the 2007 recommendations of the Agency’s Medical Expert Panel (78 FR 3069). III. Qualifications of Applicants Colton Braun Colton Braun is a 27-year-old class DM license holder in Illinois. They have a history of epilepsy and have been seizure free since February 2014. They take anti-seizure medication with the dosage and frequency remaining the same since 2013. Their physician states that they are supportive of Colton Braun receiving an exemption. Adam Brunson Adam Brunson is a 50-year-old class AM commercial driver’s license (CDL) holder in Alabama. They have a history of seizure disorder and have been seizure free since 2010. They take anti- E:\FR\FM\13SEN1.SGM 13SEN1 62886 Federal Register / Vol. 88, No. 176 / Wednesday, September 13, 2023 / Notices seizure medication with the dosage and frequency remaining the same since 2021. Their physician states that they are supportive of Adam Brunson receiving an exemption. take anti-seizure medication with the dosage and frequency remaining the same since 2013. Their physician states that they are supportive of Jerrid Pace receiving an exemption. Alan Glinsmann Elsa Santo Alan Glinsmann is a 65-year-old class AM CDL holder in Kansas. They have a history of post traumatic seizures and have been seizure free since January 1981. They take anti-seizure medication with the dosage and frequency remaining the same since 1983. Their physician states that they are supportive of Alan Glinsmann receiving an exemption. Elsa Santo is a 62-year-old class B license holder in New Jersey. They have a history of epilepsy and have been seizure free since May 2015. They take anti-seizure medication with the dosage and frequency remaining the same since November 2015. Their physician states that they are supportive of Elsa Santo receiving an exemption. Alex Hunter Brandon Schindele Alex Hunter is a 61-year-old class 1 license holder in South Dakota. They have a history of generalized idiopathic epilepsy and have been seizure free since January 2015. They take antiseizure medication with the dosage and frequency remaining the same since 2018. Their physician states that they are supportive of Alex Hunter receiving an exemption. Brandon Schindele is a 39-year-old class D license holder in Minnesota. They have a history of seizure disorder and have been seizure free since 1995. They take anti-seizure medication with the dosage and frequency remaining the same since 1993. Their physician states that they are supportive of Brandon Schindele receiving an exemption. Kyle Jones Travis Stevens Kyle Jones is a 54-year-old class A CDL holder in Indiana. They have a history of seizure disorder and have been seizure free since 2012. They have not taken anti-seizure medication since 2014. Their physician states that they are supportive of Kyle Jones receiving an exemption. Travis Stevens is a 33-year-old class 0 license holder in Michigan. They have a history of grand mal epilepsy and have been seizure free since August 2008. They take anti-seizure medication with the dosage and frequency remaining the same since August 2013. Their physician states that they are supportive of Travis Stevens receiving an exemption. Ryan McKnelly Ryan McKnelly is a 45-year-old class A CDL holder in South Dakota. They have a history of generalized idiopathic epilepsy and have been seizure free since 2001. They take anti-seizure medication with the dosage and frequency remaining the same since 2003. Their physician states that they are supportive of Ryan McKnelly receiving an exemption. ddrumheller on DSK120RN23PROD with NOTICES1 Alfonso V. Mendoza Alfonso V. Mendoza is a 33-year-old class C license holder in California. They have a history of seizure disorder and have been seizure free since December 2008. They take anti-seizure medication with the dosage and frequency remaining the same since 2008. Their physician states that they are supportive of Alfonso V. Mendoza receiving an exemption. Jerrid Pace Jerrid Pace is a 33-year-old class A CDL holder in Tennessee. They have a history of complex partial seizure and have been seizure free since 2015. They VerDate Sep<11>2014 17:37 Sep 12, 2023 Jkt 259001 Brad Wetli Brad Wetli is a 44-year-old class A CDL holder in Indiana. They have a history of seizure disorder and have been seizure free since 1997. They take anti-seizure medication with the dosage and frequency remaining the same since 1997. Their physician states that they are supportive of Brad Wetli receiving an exemption. IV. Request for Comments In accordance with 49 U.S.C. 31136(e) and 31315(b), FMCSA requests public comment from all interested persons on the exemption petitions described in this notice. We will consider all comments received before the close of business on the closing date indicated under the DATES section of the notice. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2023–19754 Filed 9–12–23; 8:45 am] BILLING CODE 4910–EX–P PO 00000 Frm 00117 Fmt 4703 Sfmt 4703 DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration Petition for Exemption From the Federal Motor Vehicle Theft Prevention Standard; Nissan North America, Inc. National Highway Traffic Safety Administration (NHTSA), Department of Transportation (DOT). ACTION: Grant of petition for exemption. AGENCY: This document grants in full the Nissan North America, Inc.’s (Nissan) petition for exemption from the Federal Motor Vehicle Theft Prevention Standard (theft prevention standard) for its Z vehicle line beginning in model year (MY) 2024. The petition is granted because the agency has determined that the antitheft device to be placed on the line as standard equipment is likely to be as effective in reducing and deterring motor vehicle theft as compliance with the parts-marking requirements of the theft prevention standard. Nissan also requested confidential treatment for specific information in its petition. Therefore, no confidential information provided for purposes of this notice has been disclosed. DATES: The exemption granted by this notice is effective beginning with the 2024 model year. FOR FURTHER INFORMATION CONTACT: Carlita Ballard, Office of International Policy, Fuel Economy, and Consumer Programs, NHTSA, West Building, W43–439, NRM–310, 1200 New Jersey Avenue SE, Washington, DC 20590. Ms. Ballard’s phone number is (202) 366– 5222. Her fax number is (202) 493–2990. SUPPLEMENTARY INFORMATION: Under 49 U.S.C. chapter 331, the Secretary of Transportation (and the National Highway Traffic Safety Administration (NHTSA) by delegation) is required to promulgate a theft prevention standard to provide for the identification of certain motor vehicles and their major replacement parts to impede motor vehicle theft. NHTSA promulgated regulations at 49 CFR part 541 (theft prevention standard) to require partsmarking for specified passenger motor vehicles and light trucks. Pursuant to 49 U.S.C. 33106, manufacturers that are subject to the parts-marking requirements may petition the Secretary of Transportation for an exemption for a line of passenger motor vehicles equipped with an antitheft device as standard equipment that the Secretary decides is likely to be as effective in reducing and deterring motor vehicle theft as compliance with the partsmarking requirements. In accordance SUMMARY: E:\FR\FM\13SEN1.SGM 13SEN1

Agencies

[Federal Register Volume 88, Number 176 (Wednesday, September 13, 2023)]
[Notices]
[Pages 62884-62886]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-19754]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2023-0036]


Qualification of Drivers; Exemption Applications; Epilepsy and 
Seizure Disorders

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

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

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

SUMMARY: FMCSA announces receipt of applications from 12 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 October 13, 2023.

ADDRESSES: You may submit comments identified by the Federal Docket 
Management System Docket No. FMCSA-2023-0036 using any of the following 
methods:
     Federal eRulemaking Portal: Go to www.regulations.gov/, 
insert the docket number (FMCSA-2023-0036) in the keyword box and click 
``Search.'' Next, choose the only notice listed, and click on the 
``Comment'' button. Follow the online instructions for submitting 
comments.
     Mail: Dockets Operations; U.S. Department of 
Transportation, 1200 New Jersey Avenue SE, West Building Ground Floor, 
Washington, DC 20590-0001.
     Hand Delivery: West Building Ground Floor, 1200 New Jersey 
Avenue SE, Washington, DC 20590-0001 between 9 a.m. and 5 p.m. ET 
Monday through Friday, except Federal holidays.
     Fax: (202) 493-2251.
    To avoid duplication, please use only one of these four methods. 
See the ``Public Participation'' portion of the SUPPLEMENTARY 
INFORMATION section for instructions on submitting comments.

FOR FURTHER INFORMATION CONTACT: Ms. Christine A. Hydock, Chief, 
Medical Programs Division, FMCSA, DOT, 1200 New Jersey Avenue SE, Room 
W64-224, Washington, DC 20590-0001, (202) 366-4001, 
[email protected]. Office hours are 8:30 a.m. to 5 p.m. ET Monday 
through Friday, except Federal holidays. If you have questions 
regarding viewing or submitting material to the docket, contact Dockets 
Operations, (202) 366-9826.

SUPPLEMENTARY INFORMATION: 

I. Public Participation

A. Submitting Comments

    If you submit a comment, please include the docket number for this 
notice (Docket No. FMCSA-2023-0036), 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

[[Page 62885]]

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/docket/FMCSA-2023-0036/document. Next, choose the only notice listed, 
click the ``Comment'' button, and type your comment into the text box 
on the following screen. Choose whether you are submitting your comment 
as an individual or on behalf of a third party and then submit.
    If you submit your comments by mail or hand delivery, submit them 
in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for 
copying and electronic filing. FMCSA will consider all comments and 
material received during the comment period.

B. Viewing Comments

    To view comments go to www.regulations.gov. Insert the docket 
number (FMCSA-2023-0036) in the keyword box and click ``Search.'' Next, 
choose the only 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 on the ground floor of the DOT West 
Building, 1200 New Jersey Avenue SE, Washington, DC 20590-0001, between 
9 a.m. and 5 p.m. ET Monday through Friday, except Federal holidays. To 
be sure someone is there to help you, please call (202) 366-9317 or 
(202) 366-9826 before visiting Dockets Operations.

C. Privacy Act

    In accordance with 49 U.S.C. 31315(b)(6), DOT solicits comments 
from the public on the exemption request. DOT posts these comments, 
without edit, including any personal information the commenter 
provides, to www.regulations.gov. As described in the system of records 
notice DOT/ALL 14 (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

    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 also allow the Agency to renew exemptions at 
the end of the 5-year period. FMCSA grants medical exemptions from the 
FMCSRs for a 2-year period to align with the maximum duration of a 
driver's medical certification.
    The 12 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 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.
---------------------------------------------------------------------------

    The criteria states that 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 ME in consultation with the treating physician. Before 
certification is considered, it is suggested that a 6-month waiting 
period elapse from the time of the episode. Following the waiting 
period, it is suggested that the individual have a complete 
neurological examination. If the results of the examination are 
negative and anti-seizure medication is not required, then the driver 
may be qualified.
    In those individual cases where a driver has had a seizure or an 
episode of loss of consciousness that resulted from a known medical 
condition (e.g., drug reaction, high temperature, acute infectious 
disease, dehydration, or acute metabolic disturbance), certification 
should be deferred until the driver has recovered fully from that 
condition, has no existing residual complications, and is not taking 
anti-seizure medication.
    Drivers who have a history of epilepsy/seizures, off anti-seizure 
medication, and seizure-free for 10 years, may be qualified to operate 
a CMV in interstate commerce. Interstate drivers with a history of a 
single unprovoked seizure may be qualified to drive a CMV in interstate 
commerce if seizure-free and off anti-seizure medication for a 5-year 
period or more.
    As a result of MEs misinterpreting advisory criteria as regulation, 
numerous drivers have been prohibited from operating a CMV in 
interstate commerce based on the fact that they have had one or more 
seizures and are taking anti-seizure medication, rather than an 
individual analysis of their circumstances by a qualified ME based on 
the physical qualification standards and medical best practices.
    On January 15, 2013, FMCSA announced in a notice of final 
disposition titled, ``Qualification of Drivers; Exemption Applications; 
Epilepsy and Seizure Disorders,'' (78 FR 3069), its decision to grant 
requests from 22 individuals for exemptions from the regulatory 
requirement that interstate CMV drivers have ``no established medical 
history or clinical diagnosis of epilepsy or any other condition which 
is likely to cause loss of consciousness or any loss of ability to 
control a CMV.'' Since that time, the Agency has published additional 
notices granting requests from individuals for exemptions from the 
regulatory requirement regarding epilepsy found in Sec.  391.41(b)(8).
    To be considered for an exemption from the epilepsy and seizure 
disorders prohibition in Sec.  391.41(b)(8), applicants must meet the 
criteria in the 2007 recommendations of the Agency's Medical Expert 
Panel (78 FR 3069).

III. Qualifications of Applicants

Colton Braun

    Colton Braun is a 27-year-old class DM license holder in Illinois. 
They have a history of epilepsy and have been seizure free since 
February 2014. They take anti-seizure medication with the dosage and 
frequency remaining the same since 2013. Their physician states that 
they are supportive of Colton Braun receiving an exemption.

Adam Brunson

    Adam Brunson is a 50-year-old class AM commercial driver's license 
(CDL) holder in Alabama. They have a history of seizure disorder and 
have been seizure free since 2010. They take anti-

[[Page 62886]]

seizure medication with the dosage and frequency remaining the same 
since 2021. Their physician states that they are supportive of Adam 
Brunson receiving an exemption.

Alan Glinsmann

    Alan Glinsmann is a 65-year-old class AM CDL holder in Kansas. They 
have a history of post traumatic seizures and have been seizure free 
since January 1981. They take anti-seizure medication with the dosage 
and frequency remaining the same since 1983. Their physician states 
that they are supportive of Alan Glinsmann receiving an exemption.

Alex Hunter

    Alex Hunter is a 61-year-old class 1 license holder in South 
Dakota. They have a history of generalized idiopathic epilepsy and have 
been seizure free since January 2015. They take anti-seizure medication 
with the dosage and frequency remaining the same since 2018. Their 
physician states that they are supportive of Alex Hunter receiving an 
exemption.

Kyle Jones

    Kyle Jones is a 54-year-old class A CDL holder in Indiana. They 
have a history of seizure disorder and have been seizure free since 
2012. They have not taken anti-seizure medication since 2014. Their 
physician states that they are supportive of Kyle Jones receiving an 
exemption.

Ryan McKnelly

    Ryan McKnelly is a 45-year-old class A CDL holder in South Dakota. 
They have a history of generalized idiopathic epilepsy and have been 
seizure free since 2001. They take anti-seizure medication with the 
dosage and frequency remaining the same since 2003. Their physician 
states that they are supportive of Ryan McKnelly receiving an 
exemption.

Alfonso V. Mendoza

    Alfonso V. Mendoza is a 33-year-old class C license holder in 
California. They have a history of seizure disorder and have been 
seizure free since December 2008. They take anti-seizure medication 
with the dosage and frequency remaining the same since 2008. Their 
physician states that they are supportive of Alfonso V. Mendoza 
receiving an exemption.

Jerrid Pace

    Jerrid Pace is a 33-year-old class A CDL holder in Tennessee. They 
have a history of complex partial seizure and have been seizure free 
since 2015. They take anti-seizure medication with the dosage and 
frequency remaining the same since 2013. Their physician states that 
they are supportive of Jerrid Pace receiving an exemption.

Elsa Santo

    Elsa Santo is a 62-year-old class B license holder in New Jersey. 
They have a history of epilepsy and have been seizure free since May 
2015. They take anti-seizure medication with the dosage and frequency 
remaining the same since November 2015. Their physician states that 
they are supportive of Elsa Santo receiving an exemption.

Brandon Schindele

    Brandon Schindele is a 39-year-old class D license holder in 
Minnesota. They have a history of seizure disorder and have been 
seizure free since 1995. They take anti-seizure medication with the 
dosage and frequency remaining the same since 1993. Their physician 
states that they are supportive of Brandon Schindele receiving an 
exemption.

Travis Stevens

    Travis Stevens is a 33-year-old class 0 license holder in Michigan. 
They have a history of grand mal epilepsy and have been seizure free 
since August 2008. They take anti-seizure medication with the dosage 
and frequency remaining the same since August 2013. Their physician 
states that they are supportive of Travis Stevens receiving an 
exemption.

Brad Wetli

    Brad Wetli is a 44-year-old class A CDL holder in Indiana. They 
have a history of seizure disorder and have been seizure free since 
1997. They take anti-seizure medication with the dosage and frequency 
remaining the same since 1997. Their physician states that they are 
supportive of Brad Wetli receiving an exemption.

IV. Request for Comments

    In accordance with 49 U.S.C. 31136(e) and 31315(b), FMCSA requests 
public comment from all interested persons on the exemption petitions 
described in this notice. We will consider all comments received before 
the close of business on the closing date indicated under the DATES 
section of the notice.

Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2023-19754 Filed 9-12-23; 8:45 am]
BILLING CODE 4910-EX-P
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