Qualification of Drivers; Exemption Applications; Epilepsy and Seizure Disorders, 27477-27478 [2024-08116]
Download as PDF
Federal Register / Vol. 89, No. 75 / Wednesday, April 17, 2024 / Notices
Greg Reninger
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.
Greg Reninger is a 40-year-old class C
license holder in Illinois. They have a
history of epilepsy and have been
seizure free since January 8, 2016. They
take anti-seizure medication with the
dosage and frequency remaining the
same since February 2014. Their
physician states that they are supportive
of Greg Reninger receiving an
exemption.
Larry W. Minor,
Associate Administrator for Policy.
Martin Sena
[FR Doc. 2024–08120 Filed 4–16–24; 8:45 am]
BILLING CODE 4910–EX–P
Martin Sena is a 39-year-old class D
license holder in New Mexico. 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 2006. Their physician states
that they are supportive of Martin Sena
receiving an exemption.
Nicholas Steele
Nicholas Steele is a 37-year-old class
DM license holder in Tennessee. They
have a history of nocturnalized
generalized tonic clonic seizures and
have been seizure free since 2009. They
take anti-seizure medication with the
dosage and frequency remaining the
same since 2009. Their physician states
that they are supportive of Nicholas
Steele receiving an exemption.
Tyler Stull
Tyler Stull is a 26-year-old class AM
CDL holder in Pennsylvania. They have
a history of juvenile myoclonic epilepsy
and have been seizure free since 2014.
They take anti-seizure medication with
the dosage and frequency remaining the
same since 2014. Their physician states
that they are supportive of Tyler Stull
receiving an exemption.
April Wacaster
April Wacaster is a 60-year-old class
D license holder in Alabama. They had
a single provoked seizure and have been
seizure free since 2005. They have never
taken anti-seizure medication. Their
physician states that they are supportive
of April Wacaster receiving an
exemption.
lotter on DSK11XQN23PROD with NOTICES1
Paul Wheeler
Paul Wheeler is a 35-year-old class
none license holder in Indiana. They
have a history of epilepsy and have been
seizure free since 2001. They take antiseizure medication with the dosage and
frequency remaining the same since
November 2016. Their physician states
that they are supportive of Paul Wheeler
receiving an exemption.
VerDate Sep<11>2014
17:10 Apr 16, 2024
Jkt 262001
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2023–0256]
Qualification of Drivers; Exemption
Applications; Epilepsy and Seizure
Disorders
Federal Motor Carrier Safety
Administration (FMCSA), Department
of Transportation (DOT).
ACTION: Notice of final disposition.
AGENCY:
FMCSA announces its
decision to exempt 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 operate CMVs in
interstate commerce.
DATES: The exemptions are applicable
on April 15, 2024. The exemptions
expire on April 15, 2026.
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:
SUMMARY:
27477
keyword box and click ‘‘Search.’’ Next,
sort the results by ‘‘Posted (OlderNewer),’’ 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
requests. DOT posts these comments,
without edit, including any personal
information the commenter provides, to
www.regulations.gov. As described in
the system of records notice DOT/ALL
14 (Federal Docket Management
System), which can be reviewed at
https://www.transportation.gov/
individuals/privacy/privacy-act-systemrecords-notices, the comments are
searchable by the name of the submitter.
II. Background
On February 19, 2024, FMCSA
published a notice announcing receipt
of applications from 11 individuals
requesting an exemption from the
epilepsy and seizure disorders
prohibition in 49 CFR 391.41(b)(8) and
requested comments from the public (89
FR 12942). The public comment period
ended on March 21, 2024, and no
comments were received.
FMCSA has evaluated the eligibility
of these applicants and determined that
granting exemptions to these
individuals would likely achieve a level
of safety that is equivalent to, or greater
than, the level that would be achieved
by complying with § 391.41(b)(8).
The physical qualification standard
for drivers regarding epilepsy found in
§ 391.41(b)(8) states that a person is
physically qualified to drive a CMV if
that person has no established medical
history or clinical diagnosis of epilepsy
or any other condition which is likely
to cause the loss of consciousness or any
loss of ability to control a CMV.
In addition to the regulations, FMCSA
has published advisory criteria 1 to
assist medical examiners (MEs) in
determining whether drivers with
I. Public Participation
A. Viewing Comments
To view comments go to
www.regulations.gov. Insert the docket
number, (FMCSA–2023–0256) in the
PO 00000
Frm 00072
Fmt 4703
Sfmt 4703
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\17APN1.SGM
17APN1
27478
Federal Register / Vol. 89, No. 75 / Wednesday, April 17, 2024 / Notices
certain medical conditions are qualified
to operate a CMV in interstate
commerce.
lotter on DSK11XQN23PROD with NOTICES1
III. Discussion of Comments
FMCSA received no comments in this
proceeding.
IV. Basis for Exemption Determination
Under 49 U.S.C. 31136(e) and
31315(b), FMCSA may grant an
exemption from the FMCSRs for no
longer than a 5-year period if it finds
such exemption would likely achieve a
level of safety that is equivalent to, or
greater than, the level that would be
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
February 19, 2024, Federal Register
notice (89 FR 12942) and will not be
repeated in this notice.
These 11 applicants have been
seizure-free over a range of 41 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
VerDate Sep<11>2014
17:10 Apr 16, 2024
Jkt 262001
CMV. However, the Agency believes the
drivers granted this exemption have
demonstrated that they are unlikely to
have a seizure and their medical
condition does not pose a risk to public
safety.
Consequently, FMCSA finds further
that in each case exempting these
applicants from the epilepsy and seizure
disorder prohibition in § 391.41(b)(8)
would likely achieve a level of safety
equal to that existing without the
exemption, consistent with the
applicable standard in 49 U.S.C.
31315(b)(1).
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 11
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:
Regina Botros (NC)
Monte Fischer (ND)
Ernestina Garcia (CA)
Anthony Martin (VA)
Mark Shirkey (IN)
Jaycee VanHouten (CO)
James Crady (OH)
Anthony Fraulo (CT)
Anthony Hoffman (MN)
Levi Read (ME)
Dustin Sumner (KY)
In accordance with 49 U.S.C.
31315(b), each exemption will be valid
PO 00000
Frm 00073
Fmt 4703
Sfmt 4703
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. 2024–08116 Filed 4–16–24; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2019–0111; FMCSA–
2021–0017]
Qualification of Drivers; Exemption
Applications; Hearing
Federal Motor Carrier Safety
Administration (FMCSA), Department
of Transportation (DOT).
ACTION: Notice of final disposition.
AGENCY:
FMCSA announces its
decision to renew exemptions for nine
individuals from the hearing
requirement in the Federal Motor
Carrier Safety Regulations (FMCSRs) for
interstate commercial motor vehicle
(CMV) drivers. The exemptions enable
these hard of hearing and deaf
individuals to continue to operate CMVs
in interstate commerce.
DATES: The exemptions were applicable
on March 4, 2024. The exemptions
expire on March 4, 2026.
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:
SUMMARY:
I. Public Participation
A. Viewing Comments
To view comments go to
www.regulations.gov. Insert the docket
number (FMCSA–2019–0111 or
FMCSA–2021–0017) in the keyword box
and click ‘‘Search.’’ Next, sort the
E:\FR\FM\17APN1.SGM
17APN1
Agencies
[Federal Register Volume 89, Number 75 (Wednesday, April 17, 2024)]
[Notices]
[Pages 27477-27478]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-08116]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2023-0256]
Qualification of Drivers; Exemption Applications; Epilepsy and
Seizure Disorders
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), Department
of Transportation (DOT).
ACTION: Notice of final disposition.
-----------------------------------------------------------------------
SUMMARY: FMCSA announces its decision to exempt 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 operate CMVs in interstate commerce.
DATES: The exemptions are applicable on April 15, 2024. The exemptions
expire on April 15, 2026.
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-2023-0256) in the keyword box and click ``Search.''
Next, sort the results by ``Posted (Older-Newer),'' 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 requests. DOT posts these comments,
without edit, including any personal information the commenter
provides, to www.regulations.gov. As described in the system of records
notice DOT/ALL 14 (Federal Docket Management System), which can be
reviewed at https://www.transportation.gov/individuals/privacy/privacy-act-system-records-notices, the comments are searchable by the name of
the submitter.
II. Background
On February 19, 2024, FMCSA published a notice announcing receipt
of applications from 11 individuals requesting an exemption from the
epilepsy and seizure disorders prohibition in 49 CFR 391.41(b)(8) and
requested comments from the public (89 FR 12942). The public comment
period ended on March 21, 2024, and no comments were received.
FMCSA has evaluated the eligibility of these applicants and
determined that granting exemptions to these individuals would likely
achieve a level of safety that is equivalent to, or greater than, the
level that would be achieved by complying with Sec. 391.41(b)(8).
The physical qualification standard for drivers regarding epilepsy
found in Sec. 391.41(b)(8) states that a person is physically
qualified to drive a CMV if that person has no established medical
history or clinical diagnosis of epilepsy or any other condition which
is likely to cause the loss of consciousness or any loss of ability to
control a CMV.
In addition to the regulations, FMCSA has published advisory
criteria \1\ to assist medical examiners (MEs) in determining whether
drivers with
[[Page 27478]]
certain medical conditions are qualified to operate a CMV in interstate
commerce.
---------------------------------------------------------------------------
\1\ These criteria may be found in APPENDIX A TO PART 391--
MEDICAL ADVISORY CRITERIA, section H. Epilepsy: Sec. 391.41(b)(8),
paragraphs 3, 4, and 5, which is available on the internet at
https://www.gpo.gov/fdsys/pkg/CFR-2015-title49-vol5/pdf/CFR-2015-title49-vol5-part391-appA.pdf.
---------------------------------------------------------------------------
III. Discussion of Comments
FMCSA received no comments in this proceeding.
IV. Basis for Exemption Determination
Under 49 U.S.C. 31136(e) and 31315(b), FMCSA may grant an exemption
from the FMCSRs for no longer than a 5-year period if it finds such
exemption would likely achieve a level of safety that is equivalent to,
or greater than, the level that would be achieved absent such
exemption. The statutes allow the Agency to renew exemptions at the end
of the 5-year period. However, FMCSA grants medical exemptions from the
FMCSRs for a 2-year period to align with the maximum duration of a
driver's medical certification.
The Agency's decision regarding these exemption applications is
based on the 2007 recommendations of the Agency's Medical Expert Panel.
The Agency conducted an individualized assessment of each applicant's
medical information, including the root cause of the respective
seizure(s) and medical information about the applicant's seizure
history, the length of time that has elapsed since the individual's
last seizure, the stability of each individual's treatment regimen and
the duration of time on or off of anti-seizure medication. In addition,
the Agency reviewed the treating clinician's medical opinion related to
the ability of the driver to safely operate a CMV with a history of
seizure and each applicant's driving record found in the Commercial
Driver's License Information System for commercial driver's license
(CDL) holders, and interstate and intrastate inspections recorded in
the Motor Carrier Management Information System. For non-CDL holders,
the Agency reviewed the driving records from the State Driver's
Licensing Agency. A summary of each applicant's seizure history was
discussed in the February 19, 2024, Federal Register notice (89 FR
12942) and will not be repeated in this notice.
These 11 applicants have been seizure-free over a range of 41 years
while taking anti-seizure medication and maintained a stable medication
treatment regimen for the last 2 years. In each case, the applicant's
treating physician verified his or her seizure history and supports the
ability to drive commercially.
The Agency acknowledges the potential consequences of a driver
experiencing a seizure while operating a CMV. However, the Agency
believes the drivers granted this exemption have demonstrated that they
are unlikely to have a seizure and their medical condition does not
pose a risk to public safety.
Consequently, FMCSA finds further that in each case exempting these
applicants from the epilepsy and seizure disorder prohibition in Sec.
391.41(b)(8) would likely achieve a level of safety equal to that
existing without the exemption, consistent with the applicable standard
in 49 U.S.C. 31315(b)(1).
V. Conditions and Requirements
The terms and conditions of the exemption are provided to the
applicants in the exemption document and include the following: (1)
each driver must remain seizure-free and maintain a stable treatment
during the 2-year exemption period; (2) each driver must submit annual
reports from their treating physicians attesting to the stability of
treatment and that the driver has remained seizure-free; (3) each
driver must undergo an annual medical examination by a certified ME, as
defined by Sec. 390.5T; and (4) each driver must provide a copy of the
annual medical certification to the employer for retention in the
driver's qualification file, or keep a copy of his/her driver's
qualification file if he/she is self-employed. The driver must also
have a copy of the exemption when driving, for presentation to a duly
authorized Federal, State, or local enforcement official.
VI. Preemption
During the period the exemption is in effect, no State shall
enforce any law or regulation that conflicts with this exemption with
respect to a person operating under the exemption.
VII. Conclusion
Based upon its evaluation of the 11 exemption applications, FMCSA
exempts the following drivers from the epilepsy and seizure disorder
prohibition in Sec. 391.41(b)(8), subject to the requirements cited
above:
Regina Botros (NC)
Monte Fischer (ND)
Ernestina Garcia (CA)
Anthony Martin (VA)
Mark Shirkey (IN)
Jaycee VanHouten (CO)
James Crady (OH)
Anthony Fraulo (CT)
Anthony Hoffman (MN)
Levi Read (ME)
Dustin Sumner (KY)
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. 2024-08116 Filed 4-16-24; 8:45 am]
BILLING CODE 4910-EX-P