Qualification of Drivers; Exemption Applications; Epilepsy and Seizure Disorders, 93392-93394 [2024-27668]

Download as PDF 93392 Federal Register / Vol. 89, No. 228 / Tuesday, November 26, 2024 / Notices scoping period will also be considered during the development of the Draft EIS. TVA expects to release the Draft EIS in late 2025. TVA anticipates holding a community meeting near JOF after releasing the Draft EIS. Meeting details will be posted on TVA’s website and advertised in local media. TVA expects to release the Final EIS in Summer 2026. Michael McCall, Vice President, Environment and Sustainability. [FR Doc. 2024–27844 Filed 11–22–24; 4:15 pm] BILLING CODE 8120–01–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA–2024–0028] Qualification of Drivers; Exemption Applications; Epilepsy and Seizure Disorders I. Public Participation 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 13 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 December 26, 2024. ADDRESSES: You may submit comments identified by the Federal Docket Management System Docket No. FMCSA–2024–0028 using any of the following methods: • Federal eRulemaking Portal: Go to www.regulations.gov/, insert the docket number (FMCSA–2024–0028) 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. lotter on DSK11XQN23PROD with NOTICES1 SUMMARY: VerDate Sep<11>2014 18:03 Nov 25, 2024 Jkt 265001 • 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: A. Submitting Comments If you submit a comment, please include the docket number for this notice (Docket No. FMCSA–2024–0028), 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–2024–0028. 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–2024–0028) in the keyword box and click ‘‘Search.’’ Next, choose the only notice listed, and click PO 00000 Frm 00120 Fmt 4703 Sfmt 4703 ‘‘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. II. Background Under 49 U.S.C. 31136(e) and 31315(b), FMCSA may grant an exemption from the FMCSRs for no longer than a 5-year period if it finds such exemption would likely achieve a level of safety that is equivalent to, or greater than, the level that would be achieved absent such exemption. The statutes also allow the Agency to renew exemptions at the end of the 5-year period. FMCSA grants medical exemptions from the FMCSRs for a 2year period to align with the maximum duration of a driver’s medical certification. The 13 individuals listed in this notice have requested an exemption from the epilepsy and seizure disorders prohibition in 49 CFR 391.41(b)(8). Accordingly, the Agency will evaluate the qualifications of each applicant to determine whether granting the exemption will achieve the required level of safety mandated by statute. The physical qualification standard for drivers regarding epilepsy found in § 391.41(b)(8) states that a person is physically qualified to drive a CMV if that person has no established medical history or clinical diagnosis of epilepsy or any other condition which is likely to cause the loss of consciousness or any loss of ability to control a CMV. In addition to the regulations, FMCSA has published advisory criteria 1 to 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, E:\FR\FM\26NON1.SGM 26NON1 lotter on DSK11XQN23PROD with NOTICES1 Federal Register / Vol. 89, No. 228 / Tuesday, November 26, 2024 / Notices 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 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 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 18:03 Nov 25, 2024 Jkt 265001 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 Timothy Andersen Timothy Andersen is a 39-year-old class D license holder in Wisconsin. They have a history of epilepsy and have been seizure free since 2006. They take anti-seizure medication with the dosage and frequency remaining the same since November 20, 2013. Their physician states that they are supportive of Timothy Andersen receiving an exemption. Randson Burdette Randson Burdette is a 33-year-old class D license holder in Ohio. They have a history of epilepsy and have been seizure free since 2005. They have not taken anti-seizure medication since 2016. Their physician states that they are supportive of Randson Burdette receiving an exemption. Giovanni Dale Giovanni Dale is a 33-year-old class R license holder in Mississippi. They have a history of epilepsy and have been seizure free since 2007. They take antiseizure medication with the dosage and frequency remaining the same since 2008. Their physician states that they are supportive of Giovanni Dale receiving an exemption. Robert Edwards Robert Edwards is a 37-year-old class C license holder in Nevada. They have a history of tonic-clonic seizures and have been seizure free since June 2014. They take anti-seizure medication with the dosage and frequency remaining the same since June 2014. Their physician states that they are supportive of Robert Edwards receiving an exemption. Chad Johnson Chad Johnson is a 53-year-old class C license holder in Iowa. They have a history of seizure disorder and have been seizure free since 2003. They take PO 00000 Frm 00121 Fmt 4703 Sfmt 4703 93393 anti-seizure medication with the dosage and frequency remaining the same since 2004. Their physician states that they are supportive of Chad Johnson receiving an exemption. Austin Little Austin Little is a 29-year-old class C license holder in Pennsylvania. They have a history of epilepsy and have been seizure free since December 24, 2015. They take anti-seizure medication with the dosage and frequency remaining the same since 2015. Their physician states that they are supportive of Austin Little receiving an exemption. Denton O’Conner Denton O’Conner is a 36-year-old class D license holder in New York. They have a history of tonic-clonic seizures and have been seizure free since August 2012. They have not taken anti-seizure medication since September 2016. Their physician states that they are supportive of Denton O’Conner receiving an exemption. Monroe Peterson Monroe Peterson is a 34-year-old class C license holder in Iowa. They have a history of seizure disorder and have been seizure free since 2014. They take anti-seizure medication with the dosage and frequency remaining the same since August 2014. Their physician states that they are supportive of Monroe Peterson receiving an exemption. Austin Rodriguez Austin Rodriguez is a 29-year-old class C license holder in California. They have a history of primary generalized epilepsy and have been seizure free since April 12, 2007. They take anti-seizure medication with the dosage and frequency remaining the same since 2013. Their physician states that they are supportive of Austin Rodriguez receiving an exemption. Wayne Scaggs Wayne Scaggs is a 35-year-old class D license holder in Ohio. They have a history of epilepsy and have been seizure free since 2016. They take antiseizure medication with the dosage and frequency remaining the same since July 2016. Their physician states that they are supportive of Wayne Scaggs receiving an exemption. Richard Sievers Richard Sievers is a 53-year-old class ABCD commercial driver’s license (CDL) holder in Wisconsin. They have a history of complex partial seizures and have been seizure free since 2014. They take anti-seizure medication with the E:\FR\FM\26NON1.SGM 26NON1 93394 Federal Register / Vol. 89, No. 228 / Tuesday, November 26, 2024 / Notices dosage and frequency remaining the same since 2019. Their physician states that they are supportive of Richard Sievers receiving an exemption. (CMV) drivers. The exemptions enable these hard of hearing and deaf individuals to continue to operate CMVs in interstate commerce. Beth Smith Beth Smith is a 58-year-old class D license holder in Montana. They have a history of epilepsy and have been seizure free since April 26, 2013. They take anti-seizure medication with the dosage and frequency remaining the same since November 2013. Their physician states that they are supportive of Beth Smith receiving an exemption. DATES: Brandon White Brandon White is a 35-year-old class AM1 CDL holder in California. They have a history of generalized tonicclonic seizures related to epilepsy and have been seizure free since March 11, 2011. They take anti-seizure medication with the dosage and frequency remaining the same since February 2013. Their physician states that they are supportive of Brandon White 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. 2024–27668 Filed 11–25–24; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA–2014–0102; FMCSA– 2014–0104; FMCSA–2014–0384; FMCSA– 2017–0057; FMCSA–2017–0058; FMCSA– 2018–0136; FMCSA–2022–0035; FMCSA– 2022–0037] Qualification of Drivers; Exemption Applications; Hearing Federal Motor Carrier Safety Administration (FMCSA), Department of Transportation (DOT). ACTION: Notice of renewal of exemptions; request for comments. lotter on DSK11XQN23PROD with NOTICES1 FMCSA announces its decision to renew exemptions for 13 individuals from the hearing requirement in the Federal Motor Carrier Safety Regulations (FMCSRs) for interstate commercial motor vehicle VerDate Sep<11>2014 18:03 Nov 25, 2024 Jkt 265001 You may submit comments identified by the Federal Docket Management System Docket No. FMCSA–2014–0102, Docket No. FMCSA–2014–0104, Docket No. FMCSA–2014–0384, Docket No. FMCSA–2017–0057, Docket No. FMCSA–2017–0058, Docket No. FMCSA–2018–0136, Docket No. FMCSA–2022–0035, or Docket No. FMCSA–2022–0037 using any of the following methods: • Federal eRulemaking Portal: Go to www.regulations.gov/, insert the docket number (FMCSA–2014–0102, FMCSA– 2014–0104, FMCSA–2014–0384, FMCSA–2017–0057, FMCSA–2017– 0058, FMCSA–2018–0136, FMCSA– 2022–0035, or FMCSA–2022–0037) in the keyword box and click ‘‘Search.’’ Next, sort the results by ‘‘Posted (Newer-Older),’’ choose the first 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. ADDRESSES: 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. FOR FURTHER INFORMATION CONTACT: AGENCY: SUMMARY: Each group of renewed exemptions were applicable on the dates stated in the discussions below and will expire on the dates provided below. Comments must be received on or before December 26, 2024. SUPPLEMENTARY INFORMATION: PO 00000 Frm 00122 Fmt 4703 Sfmt 4703 I. Public Participation A. Submitting Comments If you submit a comment, please include the docket number for this notice (Docket No. FMCSA–2014–0102, Docket No. FMCSA–2014–0104, Docket No. FMCSA–2014–0384, Docket No. FMCSA–2017–0057, Docket No. FMCSA–2017–0058, Docket No. FMCSA–2018–0136, Docket No. FMCSA–2022–0035, or Docket No. FMCSA–2022–0037), 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 www.regulations.gov/, insert the docket number (FMCSA–2014–0102, FMCSA– 2014–0104, FMCSA–2014–0384, FMCSA–2017–0057, FMCSA–2017– 0058, FMCSA–2018–0136, FMCSA– 2022–0035, or FMCSA–2022–0037) in the keyword box and click ‘‘Search.’’ Next, sort the results by ‘‘Posted (Newer-Older),’’ choose the first 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–2014–0102, FMCSA– 2014–0104, FMCSA–2014–0384, FMCSA–2017–0057, FMCSA–2017– 0058, FMCSA–2018–0136, FMCSA– 2022–0035, or FMCSA–2022–0037) in the keyword box and click ‘‘Search.’’ Next, sort the results by ‘‘Posted (Newer-Older),’’ choose the first notice listed, and click ‘‘Browse Comments.’’ If you do not have access to the internet, you may view the docket online by visiting Dockets Operations on the ground floor of the DOT West Building, 1200 New Jersey Avenue SE, Washington, DC 20590–0001, between 9 a.m. and 5 p.m. ET Monday through E:\FR\FM\26NON1.SGM 26NON1

Agencies

[Federal Register Volume 89, Number 228 (Tuesday, November 26, 2024)]
[Notices]
[Pages 93392-93394]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-27668]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2024-0028]


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 13 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 December 26, 2024.

ADDRESSES: You may submit comments identified by the Federal Docket 
Management System Docket No. FMCSA-2024-0028 using any of the following 
methods:
     Federal eRulemaking Portal: Go to www.regulations.gov/, 
insert the docket number (FMCSA-2024-0028) 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-2024-0028), 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-2024-0028. 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-2024-0028) in the keyword box and click ``Search.'' Next, 
choose the only notice listed, and click ``Browse Comments.'' If you do 
not have access to the internet, you may view the docket online by 
visiting Dockets Operations on the ground floor of the DOT West 
Building, 1200 New Jersey Avenue SE, Washington, DC 20590-0001, between 
9 a.m. and 5 p.m. ET Monday through Friday, except Federal holidays. To 
be sure someone is there to help you, please call (202) 366-9317 or 
(202) 366-9826 before visiting Dockets Operations.

C. Privacy Act

    In accordance with 49 U.S.C. 31315(b)(6), DOT solicits comments 
from the public on the exemption request. DOT posts these comments, 
without edit, including any personal information the commenter 
provides, to www.regulations.gov. As described in the system of records 
notice DOT/ALL 14 (Federal Docket Management System), which can be 
reviewed at https://www.transportation.gov/individuals/privacy/privacy-act-system-records-notices, the comments are searchable by the name of 
the submitter.

II. Background

    Under 49 U.S.C. 31136(e) and 31315(b), FMCSA may grant an exemption 
from the FMCSRs for no longer than a 5-year period if it finds such 
exemption would likely achieve a level of safety that is equivalent to, 
or greater than, the level that would be achieved absent such 
exemption. The statutes also allow the Agency to renew exemptions at 
the end of the 5-year period. FMCSA grants medical exemptions from the 
FMCSRs for a 2-year period to align with the maximum duration of a 
driver's medical certification.
    The 13 individuals listed in this notice have requested an 
exemption from the epilepsy and seizure disorders prohibition in 49 CFR 
391.41(b)(8). Accordingly, the Agency will evaluate the qualifications 
of each applicant to determine whether granting the exemption will 
achieve the required level of safety mandated by statute.
    The physical qualification standard for drivers regarding epilepsy 
found in Sec.  391.41(b)(8) states that a person is physically 
qualified to drive a CMV if that person has no established medical 
history or clinical diagnosis of epilepsy or any other condition which 
is likely to cause the loss of consciousness or any loss of ability to 
control a CMV.
    In addition to the regulations, FMCSA has published advisory 
criteria \1\ to

[[Page 93393]]

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

Timothy Andersen

    Timothy Andersen is a 39-year-old class D license holder in 
Wisconsin. They have a history of epilepsy and have been seizure free 
since 2006. They take anti-seizure medication with the dosage and 
frequency remaining the same since November 20, 2013. Their physician 
states that they are supportive of Timothy Andersen receiving an 
exemption.

Randson Burdette

    Randson Burdette is a 33-year-old class D license holder in Ohio. 
They have a history of epilepsy and have been seizure free since 2005. 
They have not taken anti-seizure medication since 2016. Their physician 
states that they are supportive of Randson Burdette receiving an 
exemption.

Giovanni Dale

    Giovanni Dale is a 33-year-old class R license holder in 
Mississippi. They have a history of epilepsy and have been seizure free 
since 2007. They take anti-seizure medication with the dosage and 
frequency remaining the same since 2008. Their physician states that 
they are supportive of Giovanni Dale receiving an exemption.

Robert Edwards

    Robert Edwards is a 37-year-old class C license holder in Nevada. 
They have a history of tonic-clonic seizures and have been seizure free 
since June 2014. They take anti-seizure medication with the dosage and 
frequency remaining the same since June 2014. Their physician states 
that they are supportive of Robert Edwards receiving an exemption.

Chad Johnson

    Chad Johnson is a 53-year-old class C license holder in Iowa. They 
have a history of seizure disorder and have been seizure free since 
2003. They take anti-seizure medication with the dosage and frequency 
remaining the same since 2004. Their physician states that they are 
supportive of Chad Johnson receiving an exemption.

Austin Little

    Austin Little is a 29-year-old class C license holder in 
Pennsylvania. They have a history of epilepsy and have been seizure 
free since December 24, 2015. They take anti-seizure medication with 
the dosage and frequency remaining the same since 2015. Their physician 
states that they are supportive of Austin Little receiving an 
exemption.

Denton O'Conner

    Denton O'Conner is a 36-year-old class D license holder in New 
York. They have a history of tonic-clonic seizures and have been 
seizure free since August 2012. They have not taken anti-seizure 
medication since September 2016. Their physician states that they are 
supportive of Denton O'Conner receiving an exemption.

Monroe Peterson

    Monroe Peterson is a 34-year-old class C license holder in Iowa. 
They have a history of seizure disorder and have been seizure free 
since 2014. They take anti-seizure medication with the dosage and 
frequency remaining the same since August 2014. Their physician states 
that they are supportive of Monroe Peterson receiving an exemption.

Austin Rodriguez

    Austin Rodriguez is a 29-year-old class C license holder in 
California. They have a history of primary generalized epilepsy and 
have been seizure free since April 12, 2007. They take anti-seizure 
medication with the dosage and frequency remaining the same since 2013. 
Their physician states that they are supportive of Austin Rodriguez 
receiving an exemption.

Wayne Scaggs

    Wayne Scaggs is a 35-year-old class D license holder in Ohio. They 
have a history of epilepsy and have been seizure free since 2016. They 
take anti-seizure medication with the dosage and frequency remaining 
the same since July 2016. Their physician states that they are 
supportive of Wayne Scaggs receiving an exemption.

Richard Sievers

    Richard Sievers is a 53-year-old class ABCD commercial driver's 
license (CDL) holder in Wisconsin. They have a history of complex 
partial seizures and have been seizure free since 2014. They take anti-
seizure medication with the

[[Page 93394]]

dosage and frequency remaining the same since 2019. Their physician 
states that they are supportive of Richard Sievers receiving an 
exemption.

Beth Smith

    Beth Smith is a 58-year-old class D license holder in Montana. They 
have a history of epilepsy and have been seizure free since April 26, 
2013. They take anti-seizure medication with the dosage and frequency 
remaining the same since November 2013. Their physician states that 
they are supportive of Beth Smith receiving an exemption.

Brandon White

    Brandon White is a 35-year-old class AM1 CDL holder in California. 
They have a history of generalized tonic-clonic seizures related to 
epilepsy and have been seizure free since March 11, 2011. They take 
anti-seizure medication with the dosage and frequency remaining the 
same since February 2013. Their physician states that they are 
supportive of Brandon White 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. 2024-27668 Filed 11-25-24; 8:45 am]
BILLING CODE 4910-EX-P
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