Qualification of Drivers; Exemption Applications; Epilepsy and Seizure Disorders, 41489-41491 [2024-10271]

Download as PDF Federal Register / Vol. 89, No. 93 / Monday, May 13, 2024 / Notices by the FAA may request it be placed on a waiting list for consideration should an Operating Authorization in the requested time become available during that scheduling season. 12. If the FAA determines that an involuntary reduction in the number of allocated Operating Authorizations is required to meet operational needs, such as reduced airport capacity, the FAA will conduct a weighted lottery to withdraw Operating Authorizations to meet a reduced hourly or half-hourly limit for scheduled operations. The FAA will provide at least 45 days’ notice unless otherwise required by operational needs. Any Operating Authorization that is withdrawn or temporarily suspended will, if reallocated, be reallocated to the carrier from which it was taken, provided that the carrier continues to operate scheduled service at JFK. 13. The FAA may enforce this Order through an enforcement action seeking a civil penalty under 49 U.S.C. 46301(a). The FAA or Department of Justice also could file a civil action in U.S. District Court, under 49 U.S.C. 46106 or 46107, respectively, seeking to enjoin any carrier from violating the terms of this Order. 14. The FAA may modify or withdraw any provision in this Order on its own or on application by any carrier for good cause shown. Issued in Washington, DC, on May 7, 2024. Alyce Hood-Fleming, Vice President, System Operations Services. [FR Doc. 2024–10297 Filed 5–10–24; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA–2024–0021] Qualification of Drivers; Exemption Applications; Epilepsy and Seizure Disorders FMCSA announces receipt of applications from 12 individuals for an exemption from the prohibition in the Federal Motor Carrier Safety Regulations (FMCSRs) against persons with a clinical diagnosis of epilepsy or any other condition that is likely to cause a loss of consciousness or any loss of ability to control a commercial motor lotter on DSK11XQN23PROD with NOTICES1 VerDate Sep<11>2014 21:33 May 10, 2024 Jkt 262001 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-2024-0021. 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. B. Viewing Comments To view comments go to www.regulations.gov. Insert the docket number (FMCSA–2024–0021) 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–2024–0021), 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 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- I. Public Participation Federal Motor Carrier Safety Administration (FMCSA), Department of Transportation (DOT). ACTION: Notice of applications for exemption; request for comments. AGENCY: SUMMARY: 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 June 12, 2024. ADDRESSES: You may submit comments identified by the Federal Docket Management System Docket No. FMCSA–2024–0021 using any of the following methods: • Federal eRulemaking Portal: Go to www.regulations.gov/, insert the docket number (FMCSA–2024–0021) 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: 41489 PO 00000 Frm 00118 Fmt 4703 Sfmt 4703 E:\FR\FM\13MYN1.SGM 13MYN1 lotter on DSK11XQN23PROD with NOTICES1 41490 Federal Register / Vol. 89, No. 93 / Monday, May 13, 2024 / Notices year period to align with the maximum duration of a driver’s medical certification. The 12 individuals listed in this notice have requested an exemption from the epilepsy and seizure disorders prohibition in 49 CFR 391.41(b)(8). Accordingly, the Agency will evaluate the qualifications of each applicant to determine whether granting the exemption will achieve the required level of safety mandated by statute. The physical qualification standard for drivers regarding epilepsy found in § 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 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 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. VerDate Sep<11>2014 21:33 May 10, 2024 Jkt 262001 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 Travis Baugh Travis Baugh is a 25-year-old class D license holder in Kentucky. They have a history of primary generalized epilepsy and have been seizure free since 2012. They take anti-seizure medication with the dosage and frequency remaining the same since 2019. Their physician states that they are supportive of Travis Baugh receiving an exemption. Justin Brashers Justin Brashers is a 42-year-old class B commercial driver’s license (CDL) holder in Missouri. They have a history of chronic epilepsy and have been seizure free since 2015. They take antiseizure medication with the dosage and frequency remaining the same since June 6, 2016. Their physician states that they are supportive of Justin Brashers receiving an exemption. PO 00000 Frm 00119 Fmt 4703 Sfmt 4703 Donald Gloy Donald Gloy is a 52-year-old class A CDL holder in Arizona. They have a history of generalized epilepsy and have been seizure free since 2019. They take anti-seizure medication with the dosage and frequency remaining the same since 2018. Their physician states that they are supportive of Donald Gloy receiving an exemption. Eric Kirch Eric Kirch is a 53-year-old class D license holder in Illinois. They have a history of generalized idiopathic epilepsy and have been seizure free for over nine years. They take anti-seizure medication with the dosage and frequency remaining the same for over eight years. Their physician states that they are supportive of Eric Kirch receiving an exemption. Cole Leonardson Cole Leonardson is a 22-year-old class D license holder in Idaho. They have a history of epilepsy and have been seizure free since December 2013. They take anti-seizure medication with the dosage and frequency remaining the same since December 2013. Their physician states that they are supportive of Cole Leonardson receiving an exemption. Adam Marcus Adam Marcus is a 39-year-old class D license holder in New York. They have a history of seizure disorder and have been seizure free since March 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 Adam Marcus receiving an exemption. Adam Rossmiller Adam Rossmiller is a 39-year-old class A CDL holder in North Carolina. They have a history of seizure disorder and have been seizure free since 2009. They take anti-seizure medication with the dosage and frequency remaining the same since September 2021. Their physician states that they are supportive of Adam Rossmiller receiving an exemption. Andre Santiago Andre Santiago is a 30-year-old class D license holder in New Jersey. They have a history of epilepsy and have been seizure free since 2006. They take antiseizure medication. Their physician states that they are supportive of Andre Santiago receiving an exemption. E:\FR\FM\13MYN1.SGM 13MYN1 Federal Register / Vol. 89, No. 93 / Monday, May 13, 2024 / Notices Jayes Scott Jayes Scott is a 43-year-old class R license holder in Mississippi. They have a history of temporal lobe epilepsy and have been seizure free since March 8, 2016. They take anti-seizure medication with the dosage and frequency remaining the same since 2016. Their physician states that they are supportive of Jayes Scott receiving an exemption. Nathan Shamon Nathan Shamon is a 45-year-old class A CDL holder in Pennsylvania. They had a loss of consciousness. They take anti-seizure medication with the dosage and frequency remaining the same for over 15 years. Their physician states that they are supportive of Nathan Shamon receiving an exemption. Tyler Tilson Tyler Tilson is a 30-year-old class D license holder in Virginia. They have a history of a single provoked seizure and have been seizure free since October 6, 2022. They have never taken antiseizure medication. Their physician states that they are supportive of Tyler Tilson receiving an exemption. Daniel Troya Daniel Troya is a 42-year-old class C license holder in North Carolina. They have a history of seizure disorder and have been seizure free since 2008. 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 Daniel Troya 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. 2024–10271 Filed 5–10–24; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION lotter on DSK11XQN23PROD with NOTICES1 Maritime Administration U.S. Merchant Marine Academy Advisory Council; Public Meeting Maritime Administration, DOT. Notice of public meeting. AGENCY: ACTION: The U.S. Department of Transportation, Maritime SUMMARY: VerDate Sep<11>2014 22:31 May 10, 2024 Jkt 262001 Administration (MARAD) announces a meeting of the U.S. Merchant Marine Academy (USMMA) Advisory Council (Council). During the meeting, the USMMA leadership will provide an update on programs and priorities, including: governance, sexual assault and sexual harassment, academics, culture and diversity, and facilities and infrastructure. DATES: June 4, from 9 a.m. to 4:30 p.m. EST. Written statements to be considered during the meeting must be received via email to USMMAAdvisoryCouncil@ dot.gov no later than May 24, 2024. Requests for accommodations for a disability must be received via email by May 20, 2024. ADDRESSES: The meeting will be held inperson at the USMMA. Meeting access information will be available no later than May 22, 2024. Requests to attend the meeting must be received by May 20, 2022, and permission will be based on space available. Requests will be taken as they are received until available spaces are full. General information about the Council is available at www.maritime.dot.gov/ outreach/united-states-merchantmarine-academy-advisory-council. FOR FURTHER INFORMATION CONTACT: The Council’s Designated Federal Officer and Point of Contact, Mary Grice, 202– 366–4264 or via email to USMMAAdvisoryCouncil@dot.gov. SUPPLEMENTARY INFORMATION: Background The Council is established pursuant to 46 U.S.C. 51323. The Council operates in accordance with the provisions of the Federal Advisory Committee Act (FACA), as amended, 5 U.S.C. app. 2. The objective and scope of the Council is to provide independent advice and recommendations to the Secretary of Transportation (Secretary) on matters relating to the USMMA including in the areas of curriculum development and training programs; diversity, equity, and inclusion; sexual assault prevention and response; infrastructure maintenance and redevelopment; midshipmen health and welfare; governance and administrative policies; and other matters. Agenda The meeting agenda will cover, but is not limited to, the following proposed topics: 1. Welcome and opening remarks 2. Public comments 3. Subcommittees for Academics; Governance; Facilities; Climate/ PO 00000 Frm 00120 Fmt 4703 Sfmt 4703 41491 Culture/Diversity, Equity and Inclusion; and Health/Safety/ Wellness presentation of findings to the Council 4. Administrative items Public Participation This meeting is open to the public and will be held at the Academy. The U.S. Department of Transportation is committed to providing equal access to this meeting for all participants. If you need alternative formats or services because of a disability, such as sign language, interpretation, or other ancillary aids, please contact the person listed in the FOR FURTHER INFORMATION CONTACT section. Any member of the public is permitted to file a written statement with the Council. Written statements should be sent to the Designated Federal Officer listed in the FOR FURTHER INFORMATION CONTACT section no later than May 24, 2024. Only written statements will be considered by the Council; no member of the public will be allowed to present questions or speak during the meeting unless requested to do so by a member of the Council. (Authority: 46 U.S.C. 51323; 5 U.S.C. 552b; 5 U.S.C. app. 2; 41 CFR parts 102–3.140 through 102–3.165) By Order of the Maritime Administrator. T. Mitchell Hudson, Jr., Secretary, Maritime Administration. [FR Doc. 2024–10336 Filed 5–10–24; 8:45 am] BILLING CODE 4910–81–P DEPARTMENT OF THE TREASURY Office of Foreign Assets Control Notice of OFAC Sanctions Action Office of Foreign Assets Control, Treasury. ACTION: Notice. AGENCY: The U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC) is publishing the name of one individual that has been placed on OFAC’s Specially Designated Nationals and Blocked Persons List based on OFAC’s determination that one or more applicable legal criteria were satisfied. All property and interests in property subject to U.S. jurisdiction of the individual are blocked, and U.S. persons are generally prohibited from engaging in transactions with them. DATES: See SUPPLEMENTARY INFORMATION section for applicable date(s). FOR FURTHER INFORMATION CONTACT: OFAC: Bradley T. Smith, Director, tel.: SUMMARY: E:\FR\FM\13MYN1.SGM 13MYN1

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[Federal Register Volume 89, Number 93 (Monday, May 13, 2024)]
[Notices]
[Pages 41489-41491]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-10271]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2024-0021]


Qualification of Drivers; Exemption Applications; Epilepsy and 
Seizure Disorders

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

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

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

SUMMARY: FMCSA announces receipt of applications from 12 individuals 
for an exemption from the prohibition in the Federal Motor Carrier 
Safety Regulations (FMCSRs) against persons with a clinical diagnosis 
of epilepsy or any other condition that is likely to cause a loss of 
consciousness or any loss of ability to control a commercial motor 
vehicle (CMV) to drive in interstate commerce. If granted, the 
exemptions would enable these individuals who have had one or more 
seizures and are taking anti-seizure medication to operate CMVs in 
interstate commerce.

DATES: Comments must be received on or before June 12, 2024.

ADDRESSES: You may submit comments identified by the Federal Docket 
Management System Docket No. FMCSA-2024-0021 using any of the following 
methods:
     Federal eRulemaking Portal: Go to www.regulations.gov/, 
insert the docket number (FMCSA-2024-0021) 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-2024-0021), 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-2024-0021. 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-2024-0021) 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-

[[Page 41490]]

year period to align with the maximum duration of a driver's medical 
certification.
    The 12 individuals listed in this notice have requested an 
exemption from the epilepsy and seizure disorders prohibition in 49 CFR 
391.41(b)(8). Accordingly, the Agency will evaluate the qualifications 
of each applicant to determine whether granting the exemption will 
achieve the required level of safety mandated by statute.
    The physical qualification standard for drivers regarding epilepsy 
found in Sec.  391.41(b)(8) states that a person is physically 
qualified to drive a CMV if that person has no established medical 
history or clinical diagnosis of epilepsy or any other condition which 
is likely to cause the loss of consciousness or any loss of ability to 
control a CMV.
    In addition to the regulations, FMCSA has published advisory 
criteria \1\ to assist medical examiners (MEs) in determining whether 
drivers with certain medical conditions are qualified to operate a CMV 
in interstate commerce.
---------------------------------------------------------------------------

    \1\ These criteria may be found in APPENDIX A TO PART 391--
MEDICAL ADVISORY CRITERIA, section H. Epilepsy: Sec.  391.41(b)(8), 
paragraphs 3, 4, and 5, which is available on the internet at 
https://www.gpo.gov/fdsys/pkg/CFR-2015-title49-vol5/pdf/CFR-2015-title49-vol5-part391-appA.pdf.
---------------------------------------------------------------------------

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

III. Qualifications of Applicants

Travis Baugh

    Travis Baugh is a 25-year-old class D license holder in Kentucky. 
They have a history of primary generalized epilepsy and have been 
seizure free since 2012. They take anti-seizure medication with the 
dosage and frequency remaining the same since 2019. Their physician 
states that they are supportive of Travis Baugh receiving an exemption.

Justin Brashers

    Justin Brashers is a 42-year-old class B commercial driver's 
license (CDL) holder in Missouri. They have a history of chronic 
epilepsy and have been seizure free since 2015. They take anti-seizure 
medication with the dosage and frequency remaining the same since June 
6, 2016. Their physician states that they are supportive of Justin 
Brashers receiving an exemption.

Donald Gloy

    Donald Gloy is a 52-year-old class A CDL holder in Arizona. They 
have a history of generalized epilepsy and have been seizure free since 
2019. They take anti-seizure medication with the dosage and frequency 
remaining the same since 2018. Their physician states that they are 
supportive of Donald Gloy receiving an exemption.

Eric Kirch

    Eric Kirch is a 53-year-old class D license holder in Illinois. 
They have a history of generalized idiopathic epilepsy and have been 
seizure free for over nine years. They take anti-seizure medication 
with the dosage and frequency remaining the same for over eight years. 
Their physician states that they are supportive of Eric Kirch receiving 
an exemption.

Cole Leonardson

    Cole Leonardson is a 22-year-old class D license holder in Idaho. 
They have a history of epilepsy and have been seizure free since 
December 2013. They take anti-seizure medication with the dosage and 
frequency remaining the same since December 2013. Their physician 
states that they are supportive of Cole Leonardson receiving an 
exemption.

Adam Marcus

    Adam Marcus is a 39-year-old class D license holder in New York. 
They have a history of seizure disorder and have been seizure free 
since March 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 Adam Marcus receiving an exemption.

Adam Rossmiller

    Adam Rossmiller is a 39-year-old class A CDL holder in North 
Carolina. They have a history of seizure disorder and have been seizure 
free since 2009. They take anti-seizure medication with the dosage and 
frequency remaining the same since September 2021. Their physician 
states that they are supportive of Adam Rossmiller receiving an 
exemption.

Andre Santiago

    Andre Santiago is a 30-year-old class D license holder in New 
Jersey. They have a history of epilepsy and have been seizure free 
since 2006. They take anti-seizure medication. Their physician states 
that they are supportive of Andre Santiago receiving an exemption.

[[Page 41491]]

Jayes Scott

    Jayes Scott is a 43-year-old class R license holder in Mississippi. 
They have a history of temporal lobe epilepsy and have been seizure 
free since March 8, 2016. They take anti-seizure medication with the 
dosage and frequency remaining the same since 2016. Their physician 
states that they are supportive of Jayes Scott receiving an exemption.

Nathan Shamon

    Nathan Shamon is a 45-year-old class A CDL holder in Pennsylvania. 
They had a loss of consciousness. They take anti-seizure medication 
with the dosage and frequency remaining the same for over 15 years. 
Their physician states that they are supportive of Nathan Shamon 
receiving an exemption.

Tyler Tilson

    Tyler Tilson is a 30-year-old class D license holder in Virginia. 
They have a history of a single provoked seizure and have been seizure 
free since October 6, 2022. They have never taken anti-seizure 
medication. Their physician states that they are supportive of Tyler 
Tilson receiving an exemption.

Daniel Troya

    Daniel Troya is a 42-year-old class C license holder in North 
Carolina. They have a history of seizure disorder and have been seizure 
free since 2008. 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 Daniel Troya 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. 2024-10271 Filed 5-10-24; 8:45 am]
 BILLING CODE 4910-EX-P
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