Qualification of Drivers; Exemption Applications; Epilepsy and Seizure Disorders, 75634-75636 [2024-20932]
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75634
Federal Register / Vol. 89, No. 179 / Monday, September 16, 2024 / Notices
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
Drivers; Application for Exemptions;
National Association of the Deaf,’’ (78
FR 7479), its decision to grant requests
from 40 individuals for exemptions
from the Agency’s physical qualification
standard concerning hearing for
interstate CMV drivers. Since that time
the Agency has published additional
notices granting requests from hard of
hearing and deaf individuals for
exemptions from the Agency’s physical
qualification standard concerning
hearing for interstate CMV drivers.
Abdifatah Jimale
Abdifatah Jimale, 31, holds a class D
driver’s license in Minnesota.
Kang Lin
Kang Lin, 54, holds a class A driver’s
license in New York.
Manasseh O’Brien
Manasseh O’Brien, 44, holds a class B
CDL in New York.
Joshua Ofiu
Joshua Ofiu, 37, holds a class C
driver’s license in California.
Lee Smith
Lee Smith, 34, holds a class D driver’s
license in Idaho.
Edwin Toscano
Edwin Toscano, 32, holds a class A
driver’s license in Georgia.
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. 2024–20933 Filed 9–13–24; 8:45 am]
BILLING CODE 4910–EX–P
III. Qualifications of Applicants
DEPARTMENT OF TRANSPORTATION
Matthew Adams
Matthew Adams, 58, holds a regular
driver’s license in Indiana.
Federal Motor Carrier Safety
Administration
Calvin Anderson
Calvin Anderson, 63, holds a class
ABCDM commercial driver’s license
(CDL) in Wisconsin.
Qualification of Drivers; Exemption
Applications; Epilepsy and Seizure
Disorders
Vanessa Arnao
Vanessa Arnao, 50, holds a class D
driver’s license in Virginia.
Roxanne Blind
Roxanne Blind, 41, holds a class C
driver’s license in Texas.
lotter on DSK11XQN23PROD with NOTICES1
Mara Jean Francois
Mara Jean Francois, 39, holds a class
D driver’s license in Connecticut.
Wayne Haffner
Wayne Haffner, 79, holds a class A
CDL in North Carolina.
David Hollandsworth
David Hollandsworth, 67, holds a
class A CDL in Indiana.
VerDate Sep<11>2014
17:23 Sep 13, 2024
Jkt 262001
[Docket No. FMCSA–2024–0025]
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
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
SUMMARY:
PO 00000
Frm 00109
Fmt 4703
Sfmt 4703
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 October 16, 2024.
ADDRESSES: You may submit comments
identified by the Federal Docket
Management System Docket No.
FMCSA–2024–0025 using any of the
following methods:
• Federal eRulemaking Portal: Go to
www.regulations.gov/, insert the docket
number (FMCSA–2024–0025) 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:
I. Public Participation
A. Submitting Comments
If you submit a comment, please
include the docket number for this
notice (Docket No. FMCSA–2024–0025),
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
E:\FR\FM\16SEN1.SGM
16SEN1
Federal Register / Vol. 89, No. 179 / Monday, September 16, 2024 / Notices
are questions regarding your
submission.
To submit your comment online, go to
https://www.regulations.gov/docket/
FMCSA–2024–0025. 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–2024–0025) 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-systemrecords-notices, the comments are
searchable by the name of the submitter.
lotter on DSK11XQN23PROD with NOTICES1
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
VerDate Sep<11>2014
17:23 Sep 13, 2024
Jkt 262001
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
years, may be qualified to operate a
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.
PO 00000
Frm 00110
Fmt 4703
Sfmt 4703
75635
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
Millie Baker
Millie Baker is a 50-year-old class O
license holder in Michigan. They have
a history of epilepsy and have been
seizure free since 2008. They take antiseizure medication with the dosage and
frequency remaining the same since
2010. Their physician states that they
are supportive of Millie Baker receiving
an exemption.
Todd Burrey
Todd Burrey is a 49-year-old class D
license holder in Ohio. They have a
history of general idiopathic epilepsy
and have been seizure free since 2012.
They take anti-seizure medication with
the dosage and frequency remaining the
same since June 2022. Their physician
states that they are supportive of Todd
Burrey receiving an exemption.
Eric Garcia
Eric Garcia is a 46-year-old class C
license holder in California. They have
E:\FR\FM\16SEN1.SGM
16SEN1
75636
Federal Register / Vol. 89, No. 179 / Monday, September 16, 2024 / Notices
a history of nocturnal seizures and have
been seizure free since 2011. They take
anti-seizure medication with the dosage
and frequency remaining the same since
February 2012. Their physician states
that they are supportive of Eric Garcia
receiving an exemption.
have a history of epilepsy and have been
seizure free for over 20 years. They take
anti-seizure medication with the dosage
and frequency remaining the same since
2005. Their physician states that they
are supportive of Joe Delgado-Orozco
receiving an exemption.
Marcel Gore
Vincent Perry
Marcel Gore is a 49-year-old class CB
commercial driver’s license (CDL)
holder in Delaware. They have a history
of epilepsy and have been seizure free
since 2005. They take anti-seizure
medication with the dosage and
frequency remaining the same since
2013. Their physician states that they
are supportive of Marcel Gore receiving
an exemption.
Breanna Kersey-Evans
Breanna Kersey-Evans is a 29-year-old
class B CDL holder in Indiana. They
have a history of generalized seizure
disorder and have been seizure free
since October 20, 2014. They take antiseizure medication with the dosage and
frequency remaining the same since
2014. Their physician states that they
are supportive of Breanna Kersey-Evans
receiving an exemption.
Hyun Kim
Hyun Kim is a 59-year-old class D
license holder in New Jersey. They have
a history of encephalitis 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 Hyun Kim
receiving an exemption.
Dylan Kortan
Dylan Kortan is a 24-year-old class D
license holder in Minnesota. They have
a history of epilepsy and have been
seizure free since 2008. They take antiseizure medication with the dosage and
frequency remaining the same since
2015. Their physician states that they
are supportive of Dylan Kortan receiving
an exemption.
lotter on DSK11XQN23PROD with NOTICES1
Michael Malone
Michael Malone is a 39-year-old class
D license holder in Connecticut. They
have a history of seizure disorder and
have been seizure free since September
23, 2015. They take anti-seizure
medication with the dosage and
frequency remaining the same since
2015. Their physician states that they
are supportive of Michael Malone
receiving an exemption.
Vincent Perry is a 40-year-old
enhanced license holder in Washington.
They have a history of juvenile
myoclonic epilepsy and have been
seizure free since 2011. They take antiseizure medication with the dosage and
frequency remaining the same since
2011. Their physician states that they
are supportive of Vincent Perry
receiving an exemption.
Michael Pesino
Michael Pesino is a 54-year-old class
B CDL holder in Connecticut. They have
a history of complex partial epilepsy
and have been seizure free since June
30, 2006. They take anti-seizure
medication with the dosage and
frequency remaining the same since
May 2022. Their physician states that
they are supportive of Michael Pesino
receiving an exemption.
Michael Prichard
Michael Prichard is a 46-year-old
class D license holder in Montana. They
have a history of idiopathic seizure
disorder 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 Michael Prichard
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. 2024–20932 Filed 9–13–24; 8:45 am]
BILLING CODE 4910–EX–P
Jkt 262001
PO 00000
[Docket No. FMCSA–2024–0013]
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 exempt 11 individuals from
the hearing requirement in the Federal
Motor Carrier Safety Regulations
(FMCSRs) to operate a commercial
motor vehicle (CMV) in interstate
commerce. The exemptions enable these
hard of hearing and deaf individuals to
operate CMVs in interstate commerce.
DATES: The exemptions are applicable
on August 28, 2024. The exemptions
expire on August 28, 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:
I. Public Participation
A. Viewing Comments
To view comments go to
www.regulations.gov. Insert the docket
number (FMCSA–2024–0013) in the
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 in 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.
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
Joe Delgado-Orozco is a 46-year-old
class C license holder in Illinois. They
17:23 Sep 13, 2024
Federal Motor Carrier Safety
Administration
B. Privacy Act
Joe Delgado-Orozco
VerDate Sep<11>2014
DEPARTMENT OF TRANSPORTATION
Frm 00111
Fmt 4703
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E:\FR\FM\16SEN1.SGM
16SEN1
Agencies
[Federal Register Volume 89, Number 179 (Monday, September 16, 2024)]
[Notices]
[Pages 75634-75636]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-20932]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2024-0025]
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 October 16, 2024.
ADDRESSES: You may submit comments identified by the Federal Docket
Management System Docket No. FMCSA-2024-0025 using any of the following
methods:
Federal eRulemaking Portal: Go to www.regulations.gov/,
insert the docket number (FMCSA-2024-0025) 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-2024-0025), 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
[[Page 75635]]
are questions regarding your submission.
To submit your comment online, go to https://www.regulations.gov/docket/ FMCSA-2024-0025. 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-2024-0025) 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 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
Millie Baker
Millie Baker is a 50-year-old class O license holder in Michigan.
They have a history of epilepsy and have been seizure free since 2008.
They take anti-seizure medication with the dosage and frequency
remaining the same since 2010. Their physician states that they are
supportive of Millie Baker receiving an exemption.
Todd Burrey
Todd Burrey is a 49-year-old class D license holder in Ohio. They
have a history of general idiopathic epilepsy and have been seizure
free since 2012. They take anti-seizure medication with the dosage and
frequency remaining the same since June 2022. Their physician states
that they are supportive of Todd Burrey receiving an exemption.
Eric Garcia
Eric Garcia is a 46-year-old class C license holder in California.
They have
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a history of nocturnal seizures and have been seizure free since 2011.
They take anti-seizure medication with the dosage and frequency
remaining the same since February 2012. Their physician states that
they are supportive of Eric Garcia receiving an exemption.
Marcel Gore
Marcel Gore is a 49-year-old class CB commercial driver's license
(CDL) holder in Delaware. They have a history of epilepsy and have been
seizure free since 2005. They take anti-seizure medication with the
dosage and frequency remaining the same since 2013. Their physician
states that they are supportive of Marcel Gore receiving an exemption.
Breanna Kersey-Evans
Breanna Kersey-Evans is a 29-year-old class B CDL holder in
Indiana. They have a history of generalized seizure disorder and have
been seizure free since October 20, 2014. They take anti-seizure
medication with the dosage and frequency remaining the same since 2014.
Their physician states that they are supportive of Breanna Kersey-Evans
receiving an exemption.
Hyun Kim
Hyun Kim is a 59-year-old class D license holder in New Jersey.
They have a history of encephalitis 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 Hyun Kim receiving an exemption.
Dylan Kortan
Dylan Kortan is a 24-year-old class D license holder in Minnesota.
They have a history of epilepsy and have been seizure free since 2008.
They take anti-seizure medication with the dosage and frequency
remaining the same since 2015. Their physician states that they are
supportive of Dylan Kortan receiving an exemption.
Michael Malone
Michael Malone is a 39-year-old class D license holder in
Connecticut. They have a history of seizure disorder and have been
seizure free since September 23, 2015. They take anti-seizure
medication with the dosage and frequency remaining the same since 2015.
Their physician states that they are supportive of Michael Malone
receiving an exemption.
Joe Delgado-Orozco
Joe Delgado-Orozco is a 46-year-old class C license holder in
Illinois. They have a history of epilepsy and have been seizure free
for over 20 years. They take anti-seizure medication with the dosage
and frequency remaining the same since 2005. Their physician states
that they are supportive of Joe Delgado-Orozco receiving an exemption.
Vincent Perry
Vincent Perry is a 40-year-old enhanced license holder in
Washington. They have a history of juvenile myoclonic epilepsy and have
been seizure free since 2011. They take anti-seizure medication with
the dosage and frequency remaining the same since 2011. Their physician
states that they are supportive of Vincent Perry receiving an
exemption.
Michael Pesino
Michael Pesino is a 54-year-old class B CDL holder in Connecticut.
They have a history of complex partial epilepsy and have been seizure
free since June 30, 2006. They take anti-seizure medication with the
dosage and frequency remaining the same since May 2022. Their physician
states that they are supportive of Michael Pesino receiving an
exemption.
Michael Prichard
Michael Prichard is a 46-year-old class D license holder in
Montana. They have a history of idiopathic seizure disorder 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 Michael Prichard 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. 2024-20932 Filed 9-13-24; 8:45 am]
BILLING CODE 4910-EX-P