Qualification of Drivers; Exemption Applications; Epilepsy and Seizure Disorders, 8483-8484 [2024-02473]
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Federal Register / Vol. 89, No. 26 / Wednesday, February 7, 2024 / 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. 2024–02474 Filed 2–6–24; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2006–25854; FMCSA–
2013–0106; FMCSA–2013–0107; FMCSA–
2013–0108; FMCSA–2015–0117; FMCSA–
2015–0119; FMCSA–2017–0178; FMCSA–
2018–0052; FMCSA–2019–0028]
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 renew exemptions for 11
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
continue to operate CMVs in interstate
commerce.
DATES: Each group of renewed
exemptions were applicable on the
dates stated in the discussions below
and will expire on the dates provided
below.
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
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:
khammond on DSKJM1Z7X2PROD with NOTICES
SUMMARY:
I. Public Participation
A. Viewing Comments
To view comments go to
www.regulations.gov. Insert the docket
number (FMCSA–2006–25854, FMCSA–
2013–0106, FMCSA–2013–0107,
VerDate Sep<11>2014
16:17 Feb 06, 2024
Jkt 262001
FMCSA–2013–0108, FMCSA–2015–
0117, FMCSA–2015–0119, FMCSA–
2017–0178, FMCSA–2018–0052, or
FMCSA–2019–0028) 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 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.
II. Background
On December 21, 2023, FMCSA
published a notice announcing its
decision to renew exemptions for 11
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
88486). The public comment period
ended on January 22, 2024, 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,
PO 00000
Frm 00088
Fmt 4703
Sfmt 4703
8483
assist medical examiners in determining
whether drivers with certain medical
conditions are qualified to operate a
CMV in interstate commerce.
III. Discussion of Comments
FMCSA received no comments in this
proceeding.
IV. Conclusion
Based on its evaluation of the 11
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 December 16, 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 epilepsy and seizure disorders
prohibition in the FMCSRs for interstate
CMV drivers (88 FR 88486):
Eric Barnwell (MI)
Christopher Bird (OH)
Scott DeJarnette (KY)
Curtis Alan Hartman (MD)
Wendell Headley (MO)
Jason Kirkham (WI)
Dannie Kuck (MT)
The drivers were included in docket
numbers FMCSA–2013–0106, FMCSA–
2013–0107, FMCSA–2015–0117,
FMCSA–2015–0119, FMCSA–2017–
0178, or FMCSA–2018–0052. Their
exemptions were applicable as of
December 16, 2023, and will expire on
December 16, 2025.
As of December 23, 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 epilepsy and seizure disorders
prohibition in the FMCSRs for interstate
CMV drivers (88 FR 88486):
Gary Freeman (WI)
Aaron Gillette (SD)
David Kestner (VA)
Brent Mapes (IL)
The drivers were included in docket
numbers FMCSA–2006–25854,
FMCSA–2013–0108, or FMCSA–2019–
0028. Their exemptions were applicable
as of December 23, 2023, and will expire
on December 23, 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
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\07FEN1.SGM
07FEN1
8484
Federal Register / Vol. 89, No. 26 / Wednesday, February 7, 2024 / Notices
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. 2024–02473 Filed 2–6–24; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
I. Public Participation
[Docket No. FMCSA–2024–0007]
Qualification of Drivers; Exemption
Applications; Hearing
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 11 individuals for an
exemption from the hearing requirement
in the Federal Motor Carrier Safety
Regulations (FMCSRs) to operate a
commercial motor vehicle (CMV) in
interstate commerce. If granted, the
exemptions would enable these hard of
hearing and deaf individuals to operate
CMVs in interstate commerce.
DATES: Comments must be received on
or before March 8, 2024.
ADDRESSES: You may submit comments
identified by the Federal Docket
Management System Docket No.
FMCSA–2024–0007 using any of the
following methods:
• Federal eRulemaking Portal: Go to
www.regulations.gov/, insert the docket
number (FMCSA–2024–0007) 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
khammond on DSKJM1Z7X2PROD with NOTICES
SUMMARY:
VerDate Sep<11>2014
16:17 Feb 06, 2024
Jkt 262001
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:
A. Submitting Comments
If you submit a comment, please
include the docket number for this
notice (Docket No. FMCSA–2024–0007),
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-2024-0007. Next, sort the results
by ‘‘Posted (Newer-Older),’’ 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.
B. Viewing Comments
To view comments go to
www.regulations.gov. Insert the docket
number (FMCSA–2024–0007) 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
PO 00000
Frm 00089
Fmt 4703
Sfmt 4703
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
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
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 2year period to align with the maximum
duration of a driver’s medical
certification.
The 11 individuals listed in this
notice have requested an exemption
from the hearing requirement in 49 CFR
391.41(b)(11). 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 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).
On February 1, 2013, FMCSA
announced in a Notice of Final
Disposition titled, ‘‘Qualification of
E:\FR\FM\07FEN1.SGM
07FEN1
Agencies
[Federal Register Volume 89, Number 26 (Wednesday, February 7, 2024)]
[Notices]
[Pages 8483-8484]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-02473]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2006-25854; FMCSA-2013-0106; FMCSA-2013-0107; FMCSA-
2013-0108; FMCSA-2015-0117; FMCSA-2015-0119; FMCSA-2017-0178; FMCSA-
2018-0052; FMCSA-2019-0028]
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 renew exemptions for 11
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 continue to operate CMVs in
interstate commerce.
DATES: Each group of renewed exemptions were applicable on the dates
stated in the discussions below and will expire on the dates provided
below.
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 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-2006-25854, FMCSA-2013-0106, FMCSA-2013-0107, FMCSA-2013-
0108, FMCSA-2015-0117, FMCSA-2015-0119, FMCSA-2017-0178, FMCSA-2018-
0052, or FMCSA-2019-0028) 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 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
On December 21, 2023, FMCSA published a notice announcing its
decision to renew exemptions for 11 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
88486). The public comment period ended on January 22, 2024, 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 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 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. Conclusion
Based on its evaluation of the 11 renewal exemption applications
and comments received, FMCSA announces its decision to exempt the
following drivers from the epilepsy and seizure disorders prohibition
in Sec. 391.41(b)(8).
As of December 16, 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 epilepsy and
seizure disorders prohibition in the FMCSRs for interstate CMV drivers
(88 FR 88486):
Eric Barnwell (MI)
Christopher Bird (OH)
Scott DeJarnette (KY)
Curtis Alan Hartman (MD)
Wendell Headley (MO)
Jason Kirkham (WI)
Dannie Kuck (MT)
The drivers were included in docket numbers FMCSA-2013-0106, FMCSA-
2013-0107, FMCSA-2015-0117, FMCSA-2015-0119, FMCSA-2017-0178, or FMCSA-
2018-0052. Their exemptions were applicable as of December 16, 2023,
and will expire on December 16, 2025.
As of December 23, 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 epilepsy and
seizure disorders prohibition in the FMCSRs for interstate CMV drivers
(88 FR 88486):
Gary Freeman (WI)
Aaron Gillette (SD)
David Kestner (VA)
Brent Mapes (IL)
The drivers were included in docket numbers FMCSA-2006-25854,
FMCSA-2013-0108, or FMCSA-2019-0028. Their exemptions were applicable
as of December 23, 2023, and will expire on December 23, 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
[[Page 8484]]
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. 2024-02473 Filed 2-6-24; 8:45 am]
BILLING CODE 4910-EX-P