Qualification of Drivers; Exemption Applications; Epilepsy and Seizure Disorders, 89009-89010 [2023-28397]

Download as PDF Federal Register / Vol. 88, No. 246 / Tuesday, December 26, 2023 / Notices to operate a CMV in interstate commerce. khammond on DSKJM1Z7X2PROD with NOTICES 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 November 30, 2023, Federal Register notice (88 FR 74557) and will not be repeated in this notice. These 17 applicants have been seizure-free over a range of 29 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 VerDate Sep<11>2014 20:25 Dec 22, 2023 Jkt 262001 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). 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 his/her driver’s qualification file if he/she is 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 17 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: James Byrd (TN) Francis Chiacchieri (MA) Lane Freeman (FL) Jeffrey Gomall (MN) Christine Green-McClure (NY) Nicholas Hayes (VA) Alex Hohman (PA) Michelle Hughes (NC) Michael Keys (PA) Matthew Lee (GA) Lisa Martin (NY) Pedro Martinez (TX) Cecil Massey (MS) James Phillips (NC) PO 00000 Frm 00146 Fmt 4703 Sfmt 4703 89009 Joshua Pike (ME) Alex Ramerth (MN) Maciej Skrzyniarz (IL) 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. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2023–28402 Filed 12–22–23; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA–2023–0040] Qualification of Drivers; Exemption Applications; Epilepsy and Seizure Disorders Federal Motor Carrier Safety Administration (FMCSA), Department of Transportation (DOT). ACTION: Notice of denials. AGENCY: FMCSA announces its decision to deny applications from 26 individuals who requested an exemption from the Federal Motor Carrier Safety Regulations (FMCSRs) prohibiting 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 operate a commercial motor vehicle (CMV) from operating CMVs in interstate commerce. FOR FURTHER INFORMATION CONTACT: Ms. Christine A. Hydock, Chief, Medical Programs Division, FMCSA, Department of Transportation, 1200 New Jersey Avenue SE, 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 material in the docket, contact Dockets Operations, (202) 366–9826. SUPPLEMENTARY INFORMATION: SUMMARY: I. Public Participation A. Comments To view comments go to www.regulations.gov. Insert the docket E:\FR\FM\26DEN1.SGM 26DEN1 89010 Federal Register / Vol. 88, No. 246 / Tuesday, December 26, 2023 / Notices number (FMCSA–2023–0040) 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. 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. khammond on DSKJM1Z7X2PROD with NOTICES II. Background FMCSA received applications from 26 individuals who requested an exemption from the FMCSRs prohibiting 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 operate a CMV from operating CMVs in interstate commerce. FMCSA has evaluated the eligibility of these applicants and concluded that granting these exemptions would not provide a level of safety that would be equivalent to, or greater than, the level of safety that would be obtained by complying with § 391.41(b)(8). III. 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 statute also allows the Agency to renew exemptions at the end of the 5-year period. FMCSA grants medical exemptions from the FMCSRs for a 2year 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 eligibility criteria, the terms and conditions for Federal VerDate Sep<11>2014 20:25 Dec 22, 2023 Jkt 262001 exemptions, and an individualized assessment of each applicant’s medical information provided by the applicant. IV. Conclusion The Agency has determined that these applicants do not satisfy the eligibility criteria or meet the terms and conditions of the Federal exemption and granting these exemptions would not provide a level of safety that would be equivalent to, or greater than, the level of safety that would be obtained by complying with § 391.41(b)(8). Therefore, the 26 applicants in this notice have been denied exemptions from the physical qualification standards in § 391.41(b)(8). Each applicant has, prior to this notice, received a letter of final disposition regarding his/her exemption request. Those decision letters fully outlined the basis for the denial and constitute final action by the Agency. This notice summarizes the Agency’s recent denials as required under 49 U.S.C. 31315(b)(4) by periodically publishing names and reasons for denial. The following 26 applicants do not meet the minimum time requirement for being seizure-free, either on or off of anti-seizure medication: Daniel Ashley (MD) Joseph Bodle (CA) Milverton Burton (FL) Joe Celedonia (MD) Cannon Fowler (AL) Brian Hagen (MN) Tomrone Harris (PA) Andre Hartig (ME) Dylan Hill (KS) Jacob Johnstone (WI) Regan Keller (NH) Richard Kelley (IL) Jeramie Kozlowski (PA) Adam Martin (IN) Dawn McGann (WA) Jaysen Meidell (IL) Douglas Pelton (OH) Kevin Pustelak (PA) Nicholas Quairoli (FL) Jesus Reyna (IL) Jennifer Roberts (NM) Quac’era Schaffer (NC) Paritpal Singh (CA) Kristina Walters (IN) Trevor Ward (CO) Penny Witteman (OH) Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2023–28397 Filed 12–22–23; 8:45 am] BILLING CODE 4910–EX–P PO 00000 Frm 00147 Fmt 4703 Sfmt 4703 DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA–2018–0304; FMCSA– 2019–0048; FMCSA–2019–0128] California and Washington Meal and Rest Break Rules; Petitions for Waiver of Preemption Determinations Federal Motor Carrier Safety Administration (FMCSA), Department of Transportation (DOT). ACTION: Notice of petitions for waiver of preemption determinations; request for comments. AGENCY: FMCSA requests comments on petitions requesting waivers of the Agency’s December 21, 2018 and January 13, 2020 decisions preempting the State of California’s Meal and Rest Break (MRB) rules for certain drivers of property- and passenger-carrying commercial motor vehicles (CMVs) and its November 17, 2020 decision preempting the State of Washington’s MRB rules for certain drivers of property-carrying CMVs. Waiver petitions were filed by the International Brotherhood of Teamsters; the Truck Safety Coalition, Citizens for Reliable and Safe Highways and Parents Against Tired Truckers; William B. Trescott; and the State of California. DATES: Comments must be received on or before February 26, 2024. ADDRESSES: You may submit comments to the Federal Docket Management System Docket No. FMCSA–2018–0304, Docket No. FMCSA–2019–0048, and/or Docket FMCSA–2019–0128 using any of the following methods: • Federal eRulemaking Portal: Go to www.regulations.gov/, insert the docket number, FMCSA–2018–0304, docket number FMCSA–2019–0048, or docket FMCSA–2019–0128 in the keyword box, and click ‘‘Search.’’ Follow the online instructions for submitting a comment. • Mail: Dockets Operations, U.S. Department of Transportation, 1200 New Jersey Avenue SE, West Building Ground Floor, Washington, DC 20590– 0001. • Hand Delivery or Courier: Dockets Operations, West Building, Ground Floor, 1200 New Jersey Avenue SE, Washington, DC, 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. • Fax: (202) 493–2251. To avoid duplication, please use only one of these four methods. SUMMARY: E:\FR\FM\26DEN1.SGM 26DEN1

Agencies

[Federal Register Volume 88, Number 246 (Tuesday, December 26, 2023)]
[Notices]
[Pages 89009-89010]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-28397]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2023-0040]


Qualification of Drivers; Exemption Applications; Epilepsy and 
Seizure Disorders

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

ACTION: Notice of denials.

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

SUMMARY: FMCSA announces its decision to deny applications from 26 
individuals who requested an exemption from the Federal Motor Carrier 
Safety Regulations (FMCSRs) prohibiting 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 operate a commercial 
motor vehicle (CMV) from operating CMVs in interstate commerce.

FOR FURTHER INFORMATION CONTACT: Ms. Christine A. Hydock, Chief, 
Medical Programs Division, FMCSA, Department of Transportation, 1200 
New Jersey Avenue SE, 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 material in the docket, contact Dockets Operations, 
(202) 366-9826.

SUPPLEMENTARY INFORMATION: 

I. Public Participation

A. Comments

    To view comments go to www.regulations.gov. Insert the docket

[[Page 89010]]

number (FMCSA-2023-0040) 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.

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-system-records-notices, the comments are searchable by the name of 
the submitter.

II. Background

    FMCSA received applications from 26 individuals who requested an 
exemption from the FMCSRs prohibiting 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 operate a CMV from operating 
CMVs in interstate commerce.
    FMCSA has evaluated the eligibility of these applicants and 
concluded that granting these exemptions would not provide a level of 
safety that would be equivalent to, or greater than, the level of 
safety that would be obtained by complying with Sec.  391.41(b)(8).

III. 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 statute also allows the Agency to renew exemptions at 
the end of the 5-year period. FMCSA grants medical exemptions from the 
FMCSRs for a 2-year period to align with the maximum duration of a 
driver's medical certification. The Agency's decision regarding these 
exemption applications is based on the eligibility criteria, the terms 
and conditions for Federal exemptions, and an individualized assessment 
of each applicant's medical information provided by the applicant.

IV. Conclusion

    The Agency has determined that these applicants do not satisfy the 
eligibility criteria or meet the terms and conditions of the Federal 
exemption and granting these exemptions would not provide a level of 
safety that would be equivalent to, or greater than, the level of 
safety that would be obtained by complying with Sec.  391.41(b)(8). 
Therefore, the 26 applicants in this notice have been denied exemptions 
from the physical qualification standards in Sec.  391.41(b)(8).
    Each applicant has, prior to this notice, received a letter of 
final disposition regarding his/her exemption request. Those decision 
letters fully outlined the basis for the denial and constitute final 
action by the Agency. This notice summarizes the Agency's recent 
denials as required under 49 U.S.C. 31315(b)(4) by periodically 
publishing names and reasons for denial.
    The following 26 applicants do not meet the minimum time 
requirement for being seizure-free, either on or off of anti-seizure 
medication:

Daniel Ashley (MD)
Joseph Bodle (CA)
Milverton Burton (FL)
Joe Celedonia (MD)
Cannon Fowler (AL)
Brian Hagen (MN)
Tomrone Harris (PA)
Andre Hartig (ME)
Dylan Hill (KS)
Jacob Johnstone (WI)
Regan Keller (NH)
Richard Kelley (IL)
Jeramie Kozlowski (PA)
Adam Martin (IN)
Dawn McGann (WA)
Jaysen Meidell (IL)
Douglas Pelton (OH)
Kevin Pustelak (PA)
Nicholas Quairoli (FL)
Jesus Reyna (IL)
Jennifer Roberts (NM)
Quac'era Schaffer (NC)
Paritpal Singh (CA)
Kristina Walters (IN)
Trevor Ward (CO)
Penny Witteman (OH)

Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2023-28397 Filed 12-22-23; 8:45 am]
BILLING CODE 4910-EX-P

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