Qualification of Drivers; Exemption Applications; Epilepsy and Seizure Disorders, 89012-89014 [2023-28400]

Download as PDF 89012 Federal Register / Vol. 88, No. 246 / Tuesday, December 26, 2023 / Notices petitions requesting the FMCSA waive all three determinations preempting California’s MRB rules for drivers of property- and passenger-carrying CMVs subject to FMCSA’s HOS rules and Washington’s MRB rules for propertycarrying CMVs subject to FMCSA’s HOS rules. The State of California has petitioned for waiver of the decisions preempting California’s MRB rules. FMCSA has placed each petition for waiver in the ‘‘Documents’’ section of the appropriate docket.2 Although waiver of a preemption determination under 49 U.S.C. 31141(d) is a legal determination reserved to the judgment of the Agency, FMCSA seeks comments on any issues raised in the above referenced petitions for waiver or otherwise relevant. In addition, FMCSA requests that commenters address the following issues: 1. Whether and to what extent enforcement of a State’s meal and rest break laws with respect to intrastate property-carrying and passengercarrying CMV drivers has impacted the health and safety of drivers. 2. Whether enforcement of State meal and rest break laws as applied to interstate property-carrying or passenger-carrying CMV drivers will exacerbate the existing truck parking shortages and result in more trucks parking on the side of the road and whether any such effect will burden interstate commerce or create additional dangers to drivers and the public; and 3. Whether enforcement of a State’s meal and rest break laws as applied to interstate property-carrying or passenger-carrying CMV drivers will dissuade carriers from operating in that State; and 4. Whether enforcement of a State’s meal and rest break laws as applied to interstate property-carrying or passenger-carrying CMV drivers will weaken or otherwise impact the resiliency of the national supply chain. Robin Hutcheson, Administrator. [FR Doc. 2023–28399 Filed 12–22–23; 8:45 am] khammond on DSKJM1Z7X2PROD with NOTICES BILLING CODE 4910–EX–P 2 FMCSA also received a submission from Teamsters Locals 70, 87, 150, 386, 439, 948 and 2785 requesting that FMCSA reverse its preemption decisions, as well as a comment from the OwnerOperator Independent Drivers Association. These documents may be viewed in the ‘‘Comments’’ section of the appropriate docket. VerDate Sep<11>2014 20:25 Dec 22, 2023 Jkt 262001 DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA–2023–0267] RIN 2126–AB56 FMCSA Registration System Modernization Federal Motor Carrier Safety Administration (FMCSA), Department of Transportation (DOT). ACTION: Notice of public meeting. AGENCY: FMCSA announces a public meeting to engage stakeholders, which includes motor carriers, brokers, freight forwarders, insurance companies, financial institutions, process agents, blanket companies, and third-party service providers; to get their perspective on improving the registration experience with FMCSA. DATES: The meeting will be held on January 17, 2024, from 8 a.m. to 4 p.m. A copy of the agenda, will be available in advance of the meeting at https:// www.fmcsa.dot.gov/registration/fmcsaregistration-modernization-stakeholderday. ADDRESSES: The meeting will be held at the DOT Headquarters Building, 1200 New Jersey Avenue SE, Washington, DC 20590–0001. Those interested in attending this public meeting must register at https://www.fmcsa.dot.gov/ registration/fmcsa-registrationmodernization-stakeholder-day by 11:59 p.m. eastern standard time (EST), on January 8, 2024. Attendance is limited to 90 people. Attendees should arrive by 8:00 a.m. to allow sufficient time to clear security. A virtual attendance option is not available for this meeting however, FMCSA will be affording additional engagement opportunities in the future which may include virtual attendance options. FOR FURTHER INFORMATION CONTACT: Alex Vanjani, Director, Office of the Chief Technology Officer (CTO), FMCSA, 1200 New Jersey Avenue SE, Washington, DC 20590–0001; (202) 510– 7826; Alex.Vanjani@dot.gov. Supreet Kaur, Project Manager, Office of the CTO, FMCSA, 1200 New Jersey Avenue SE, Washington, DC 20590– 0001; (202) 748–1204; Supreet.Kaur@ dot.gov. Services for individuals with disabilities: For information on facilities or services for individuals with disabilities or to request special assistance at the meeting, contact Alex Vanjani or Supreet Kaur using one of the above means by 11:59 p.m. EST, on January 8, 2024. SUMMARY: PO 00000 Frm 00149 Fmt 4703 Sfmt 4703 SUPPLEMENTARY INFORMATION: Background FMCSA is developing a new online registration system, to improve the transparency and efficiency of FMCSA’s registration procedures as well as implement statutory requirements related to the registration program. FMCSA seeks user perspectives on improving the registration experience when engaging with FMCSA’s registration system. During this meeting, FMCSA will invite attendees to participate in breakout sessions that will align with different groups of users the Agency expects will use the new online registration system. FMCSA moderators will facilitate discussions on what potential users would like to see, as well as what would not be helpful from a user experience perspective. The day will end with a general listening session, where FMCSA representatives will receive comments and concerns about a new online registration system. Meeting Information This meeting is intended for current and potential users of a new online registration system. Breakout sessions will focus on the following categories of registration IT system users: • Motor carriers; • Brokers and freight forwarders; • Insurance companies/financial institutions and process agents/blanket companies; and • Third party service providers. The full meeting agenda will be available on the registration site (see ADDRESSES above for instructions on meeting registration) in advance of the meeting. Robin Hutcheson, Administrator. [FR Doc. 2023–28362 Filed 12–22–23; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA–2023–0039] 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: E:\FR\FM\26DEN1.SGM 26DEN1 Federal Register / Vol. 88, No. 246 / Tuesday, December 26, 2023 / Notices 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 January 25, 2024. ADDRESSES: You may submit comments identified by the Federal Docket Management System Docket No. FMCSA–2023–0039 using any of the following methods: • Federal eRulemaking Portal: Go to www.regulations.gov/, insert the docket number (FMCSA–2023–0039) 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, 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: B. Viewing Comments To view comments go to www.regulations.gov. Insert the docket number (FMCSA–2023–0039) 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. A. Submitting Comments 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. If you submit a comment, please include the docket number for this notice (Docket No. FMCSA–2023–0039), indicate the specific section of this document to which each comment applies, and provide a reason for each suggestion or recommendation. You 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 I. Public Participation khammond on DSKJM1Z7X2PROD with NOTICES 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/docket/ FMCSA-2023-0039. 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. VerDate Sep<11>2014 20:25 Dec 22, 2023 Jkt 262001 PO 00000 Frm 00150 Fmt 4703 Sfmt 4703 89013 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 13 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. E:\FR\FM\26DEN1.SGM 26DEN1 89014 Federal Register / Vol. 88, No. 246 / Tuesday, December 26, 2023 / Notices 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 khammond on DSKJM1Z7X2PROD with NOTICES Lennie Beaudoin is a 48-year-old class D license holder in New Hampshire. They have a history of epilepsy and have been seizure free since 2019. They take anti-seizure medication with the dosage and frequency remaining the same since 2019. Their physician states that they are supportive of Lennie Beaudoin receiving an exemption. Joshua Braxton Joshua Braxton is a 45-year-old class C license holder in Pennsylvania. They have a history of seizure disorder and have been seizure free since 2006. They take anti-seizure medication with the 20:25 Dec 22, 2023 Jkt 262001 Robert A. Clark remaining the same since January 2014. Their physician states that they are supportive of Thomas Johnston receiving an exemption. Douglas Kelbley Robert A. Clark is a 43-year-old class A commercial driver’s license (CDL) holder in Indiana. They have a history of seizures and have been seizure free since January 2012. They take antiseizure medication with the dosage and frequency remaining the same since 2012. Their physician states that they are supportive of Robert A. Clark receiving an exemption. Douglas Kelbley is a 37-year-old class A CDL holder in Ohio. They have a history of complex partial seizures and have been seizure free since September 2015. They take anti-seizure medication with the dosage and frequency remaining the same since 2015. Their physician states that they are supportive of Douglas Kelbley receiving an exemption. Chad Clement Darren King Chad Clement is a 58-year-old class D license holder in Wisconsin. They have a history of seizure disorder and have been seizure free since 2007. They take anti-seizure medication with the dosage and frequency remaining the same since March 2007. Their physician states that they are supportive of Chad Clement receiving an exemption. Darren King is a 57-year-old class C license holder in Pennsylvania. They have a history of seizure disorder and have been seizure free since 2001. They take anti-seizure medication with the dosage and frequency remaining the same since 2009. Their physician states that they are supportive of Darren King receiving an exemption. Michael Drent Michael Drent is a 31-year-old class O license holder in Michigan. They have a history of seizure disorder and have been seizure free since 2015. They take anti-seizure medication with the dosage and frequency remaining the same since 2014. Their physician states that they are supportive of Michael Drent receiving an exemption. Curtis Alan Hartman Curtis Alan Hartman is a 58-year-old class BM CDL holder in Maryland. They have a history of seizure disorder and have been seizure free since April 1997. They take anti-seizure medication with the dosage and frequency remaining the same since April 1997. Their physician states that they are supportive of Curtis Alan Hartman receiving an exemption. Ramon Hingosa Lennie Beaudoin VerDate Sep<11>2014 dosage and frequency remaining the same since September 2021. Their physician states that they are supportive of Joshua Braxton receiving an exemption. Ramon Hingosa is a 55-year-old class D license holder in Arizona. They have a history of generalized epilepsy and have been seizure free for over 10 years. They take anti-seizure medication with the dosage and frequency remaining the same since April 2016. Their physician states that they are supportive of Ramon Hingosa receiving an exemption. Thomas Johnston Thomas Johnston is a 68-year-old class DM license holder in Wisconsin. They have a history of epilepsy and have been seizure free since September 2017. They take anti-seizure medication with the dosage and frequency PO 00000 Frm 00151 Fmt 4703 Sfmt 9990 Eric Langford Eric Langford is a 51-year-old class D license holder in Kentucky. They have a history of seizure disorder and have been seizure free since 2010. They take anti-seizure medication with the dosage and frequency remaining the same for over 10 years. Their physician states that they are supportive of Eric Langford receiving an exemption. Ronald Minor Ronald Minor is a 56-year-old class A CDL holder in Illinois. They have a history of seizure disorder and have been seizure free since July 2000. They take anti-seizure medication with the dosage and frequency remaining the same since July 2018. Their physician states that they are supportive of Ronald Minor 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. 2023–28400 Filed 12–22–23; 8:45 am] BILLING CODE 4910–EX–P E:\FR\FM\26DEN1.SGM 26DEN1

Agencies

[Federal Register Volume 88, Number 246 (Tuesday, December 26, 2023)]
[Notices]
[Pages 89012-89014]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-28400]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2023-0039]


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

[[Page 89013]]

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 January 25, 2024.

ADDRESSES: You may submit comments identified by the Federal Docket 
Management System Docket No. FMCSA-2023-0039 using any of the following 
methods:
     Federal eRulemaking Portal: Go to www.regulations.gov/, 
insert the docket number (FMCSA-2023-0039) 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, 
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-2023-0039), 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/docket/FMCSA-2023-0039. 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-2023-0039) 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 13 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

[[Page 89014]]

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

Lennie Beaudoin

    Lennie Beaudoin is a 48-year-old class D license holder in New 
Hampshire. They have a history of epilepsy and have been seizure free 
since 2019. They take anti-seizure medication with the dosage and 
frequency remaining the same since 2019. Their physician states that 
they are supportive of Lennie Beaudoin receiving an exemption.

Joshua Braxton

    Joshua Braxton is a 45-year-old class C license holder in 
Pennsylvania. They have a history of seizure disorder and have been 
seizure free since 2006. They take anti-seizure medication with the 
dosage and frequency remaining the same since September 2021. Their 
physician states that they are supportive of Joshua Braxton receiving 
an exemption.

Robert A. Clark

    Robert A. Clark is a 43-year-old class A commercial driver's 
license (CDL) holder in Indiana. They have a history of seizures and 
have been seizure free since January 2012. They take anti-seizure 
medication with the dosage and frequency remaining the same since 2012. 
Their physician states that they are supportive of Robert A. Clark 
receiving an exemption.

Chad Clement

    Chad Clement is a 58-year-old class D license holder in Wisconsin. 
They have a history of seizure disorder and have been seizure free 
since 2007. They take anti-seizure medication with the dosage and 
frequency remaining the same since March 2007. Their physician states 
that they are supportive of Chad Clement receiving an exemption.

Michael Drent

    Michael Drent is a 31-year-old class O license holder in Michigan. 
They have a history of seizure disorder and have been seizure free 
since 2015. They take anti-seizure medication with the dosage and 
frequency remaining the same since 2014. Their physician states that 
they are supportive of Michael Drent receiving an exemption.

Curtis Alan Hartman

    Curtis Alan Hartman is a 58-year-old class BM CDL holder in 
Maryland. They have a history of seizure disorder and have been seizure 
free since April 1997. They take anti-seizure medication with the 
dosage and frequency remaining the same since April 1997. Their 
physician states that they are supportive of Curtis Alan Hartman 
receiving an exemption.

Ramon Hingosa

    Ramon Hingosa is a 55-year-old class D license holder in Arizona. 
They have a history of generalized epilepsy and have been seizure free 
for over 10 years. They take anti-seizure medication with the dosage 
and frequency remaining the same since April 2016. Their physician 
states that they are supportive of Ramon Hingosa receiving an 
exemption.

Thomas Johnston

    Thomas Johnston is a 68-year-old class DM license holder in 
Wisconsin. They have a history of epilepsy and have been seizure free 
since September 2017. They take anti-seizure medication with the dosage 
and frequency remaining the same since January 2014. Their physician 
states that they are supportive of Thomas Johnston receiving an 
exemption.

Douglas Kelbley

    Douglas Kelbley is a 37-year-old class A CDL holder in Ohio. They 
have a history of complex partial seizures and have been seizure free 
since September 2015. They take anti-seizure medication with the dosage 
and frequency remaining the same since 2015. Their physician states 
that they are supportive of Douglas Kelbley receiving an exemption.

Darren King

    Darren King is a 57-year-old class C license holder in 
Pennsylvania. They have a history of seizure disorder and have been 
seizure free since 2001. They take anti-seizure medication with the 
dosage and frequency remaining the same since 2009. Their physician 
states that they are supportive of Darren King receiving an exemption.

Eric Langford

    Eric Langford is a 51-year-old class D license holder in Kentucky. 
They have a history of seizure disorder and have been seizure free 
since 2010. They take anti-seizure medication with the dosage and 
frequency remaining the same for over 10 years. Their physician states 
that they are supportive of Eric Langford receiving an exemption.

Ronald Minor

    Ronald Minor is a 56-year-old class A CDL holder in Illinois. They 
have a history of seizure disorder and have been seizure free since 
July 2000. They take anti-seizure medication with the dosage and 
frequency remaining the same since July 2018. Their physician states 
that they are supportive of Ronald Minor 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. 2023-28400 Filed 12-22-23; 8:45 am]
BILLING CODE 4910-EX-P
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