Qualification of Drivers; Exemption Applications; Epilepsy and Seizure Disorders, 13978-13980 [2025-05249]

Download as PDF 13978 Federal Register / Vol. 90, No. 58 / Thursday, March 27, 2025 / Notices the FAA will consider all comments it receives on or before the closing date for comments. The FAA will consider comments filed after the comment period has closed if it is possible to do so without incurring expense or delay. The agency may change this notice in light of the comments it receives. Issued in Washington, DC. Kevin J. Hanson, Director of Flight Service, AJR–B, Air Traffic Organization. [FR Doc. 2025–05167 Filed 3–26–25; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA–2010–0203; FMCSA– 2013–0444; FMCSA–2016–0007; FMCSA– 2018–0056; FMCSA–2020–0051; FMCSA– 2022–0045; FMCSA–2022–0046; FMCSA– 2022–0047] Qualification of Drivers; Exemption Applications; Epilepsy and Seizure Disorders Federal Motor Carrier Safety Administration (FMCSA), Department of Transportation (DOT). ACTION: Notice of renewal of exemptions; request for comments. AGENCY: FMCSA announces its decision to renew exemptions for 15 individuals from the requirement in the Federal Motor Carrier Safety Regulations (FMCSRs) that interstate commercial motor vehicle (CMV) drivers have ‘‘no established medical history or clinical diagnosis of epilepsy or any other condition which is likely to cause loss of consciousness or any loss of ability to control a CMV.’’ The exemptions enable these individuals who have had one or more seizures and are taking anti-seizure medication to continue to operate CMVs in interstate commerce. DATES: Each group of renewed exemptions were applicable on the dates stated in the discussions below and will expire on the dates stated in the discussions below. Comments must be received on or before April 28, 2025. ADDRESSES: You may submit comments identified by the Federal Docket Management System Docket No. FMCSA–2010–0203, Docket No. FMCSA–2013–0444, Docket No. FMCSA–2016–0007, Docket No. FMCSA–2018–0056, Docket No. FMCSA–2020–0051, Docket No. FMCSA–2022–0045, Docket No. FMCSA–2022–0046, or Docket No. lotter on DSK11XQN23PROD with NOTICES1 SUMMARY: VerDate Sep<11>2014 17:43 Mar 26, 2025 Jkt 265001 FMCSA–2022–0047 using any of the following methods: • Federal eRulemaking Portal: Go to www.regulations.gov/, insert the docket number (FMCSA–2010–0203, FMCSA– 2013–0444, FMCSA–2016–0007, FMCSA–2018–0056, FMCSA–2020– 0051, FMCSA–2022–0045, FMCSA– 2022–0046, or FMCSA–2022–0047) 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. 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: I. Public Participation A. Submitting Comments If you submit a comment, please include the docket number for this notice (Docket No. FMCSA–2010–0203, Docket No. FMCSA–2013–0444, Docket No. FMCSA–2016–0007, Docket No. FMCSA–2018–0056, Docket No. FMCSA–2020–0051, Docket No. FMCSA–2022–0045, Docket No. FMCSA–2022–0046, or Docket No. FMCSA–2022–0047), 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 PO 00000 Frm 00127 Fmt 4703 Sfmt 4703 contact you if there are questions regarding your submission. To submit your comment online, go to www.regulations.gov/, insert the docket number (FMCSA–2010–0203, FMCSA– 2013–0444, FMCSA–2016–0007, FMCSA–2018–0056, FMCSA–2020– 0051, FMCSA–2022–0045, FMCSA– 2022–0046, or FMCSA–2022–0047) 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. Confidential Business Information (CBI) CBI is commercial or financial information that is both customarily and actually treated as private by its owner. Under the Freedom of Information Act (5 U.S.C. 552), CBI is exempt from public disclosure. If your comments responsive to the notice contain commercial or financial information that is customarily treated as private, that you actually treat as private, and that is relevant or responsive to the notice, it is important that you clearly designate the submitted comments as CBI. Please mark each page of your submission that constitutes CBI as ‘‘PROPIN’’ to indicate it contains proprietary information. FMCSA will treat such marked submissions as confidential under the Freedom of Information Act, and they will not be placed in the public docket of the notice. Submissions containing CBI should be sent to Brian Dahlin, Chief, Regulatory Evaluation Division, Office of Policy, FMCSA, 1200 New Jersey Avenue SE, Washington, DC 20590– 0001 or via email at brian.g.dahlin@ dot.gov. At this time, you need not send a duplicate hardcopy of your electronic CBI submissions to FMCSA headquarters. Any comments FMCSA receives not specifically designated as CBI will be placed in the public docket for this notice. C. Viewing Comments To view comments, go to www.regulations.gov. Insert the docket number (FMCSA–2010–0203, FMCSA– 2013–0444, FMCSA–2016–0007, FMCSA–2018–0056, FMCSA–2020– E:\FR\FM\27MRN1.SGM 27MRN1 Federal Register / Vol. 90, No. 58 / Thursday, March 27, 2025 / Notices 0051, FMCSA–2022–0045, FMCSA– 2022–0046, or FMCSA–2022–0047) in the keyword box and click ‘‘Search.’’ Next, sort the results by ‘‘Posted (Newer-Older),’’ choose the first notice listed, and click ‘‘Browse Comments.’’ If you do not have access to the internet, you may view the docket online by visiting Dockets Operations on the ground floor of the DOT West Building, 1200 New Jersey Avenue SE, Washington, DC 20590–0001, between 9 a.m. and 5 p.m. ET Monday through Friday, except Federal holidays. To be sure someone is there to help you, please call (202) 366–9317 or (202) 366– 9826 before visiting Dockets Operations. D. 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. Legal Basis FMCSA has authority under 49 U.S.C. 31136(e) and 31315(b) to grant exemptions from Federal Motor Carrier Safety Regulations (FMCSRs). FMCSA must publish a notice of each exemption request in the Federal Register (49 CFR 381.315(a)). The Agency must provide the public an opportunity to inspect the information relevant to the application, including the applicant’s safety analysis. The Agency must provide an opportunity for public comment on the request. The Agency reviews safety analyses and public comments submitted and determines whether granting the exemption would likely achieve a level of safety equivalent to, or greater than, the level that would be achieved by the current regulation (49 CFR 381.305(a)). The Agency must publish its decision in the Federal Register (49 CFR 381.315(b)). If granted, the notice will identify the regulatory provision from which the applicant will be exempt the effective period, and all terms and conditions of the exemption (49 CFR 381.315(c)(1)). If the exemption is denied, the notice will explain the reason for the denial (49 CFR 381.315(c)(2)). The exemption may be renewed (49 CFR 381.300(b)). VerDate Sep<11>2014 17:43 Mar 26, 2025 Jkt 265001 III. Background The physical qualification standard for drivers regarding seizures and loss of consciousness provides 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 (49 CFR 391.41(b)(8)). To assist in applying this standard, FMCSA publishes guidance for medical examiners (ME) in the form of medical advisory criteria in Appendix A to 49 CFR part 391.1 In 2007, FMCSA published recommendations from a Medical Expert Panel (MEP) that FMCSA tasked to review the existing seizure disorder guidelines for MEs.2 The MEP performed a comprehensive, systematic literature review, including evidence available at the time. The MEP issued recommended criteria to evaluate whether an individual with a history of epilepsy, a single unprovoked seizure, or a provoked seizure should be allowed to drive a CMV. On January 15, 2013, FMCSA began granting exemptions, on a case-by-case basis, to individual drivers from the physical qualification standard regarding seizures and loss of consciousness in 49 CFR 391.41(b)(8) (78 FR 3069). The Agency considers the medical advisory criteria, the 2007 MEP recommendations, and each individual’s medical information and driving record in deciding whether to grant the exemption. The 15 individuals listed in this notice have requested renewal of their exemptions from the epilepsy and seizure disorders prohibition in § 391.41(b)(8), in accordance with FMCSA procedures. Accordingly, FMCSA has evaluated these applications for renewal on their merits and decided to extend each exemption for a renewable 2-year period. IV. Request for Comments Interested parties or organizations possessing information that would otherwise show that any, or all, of these drivers are not currently achieving the statutory level of safety should immediately notify FMCSA. The Agency will evaluate any adverse 1 49 CFR part 391, app.A.II.G, available at https:// www.ecfr.gov/current/title-49/subtitle-B/chapter-III/ subchapter-B/part-391/appendix-Appendix%20 A%20to%20Part%20391. 2 ‘‘Expert Panel Recommendations, Seizure Disorders and Commercial Motor Vehicle Driver Safety,’’ Medical Expert Panel (Oct. 15, 2007), available at https://www.fmcsa.dot.gov/sites/ fmcsa.dot.gov/files/2020-04/Seizure-Disorders-MEPRecommendations-v2-prot%2010152007.pdf. PO 00000 Frm 00128 Fmt 4703 Sfmt 4703 13979 evidence submitted and, if safety is being compromised or if continuation of the exemption would not be consistent with the goals and objectives of 49 U.S.C. 31136(e) and 31315(b), FMCSA will take immediate steps to revoke the exemption of a driver. V. Basis for Renewing Exemptions In accordance with 49 U.S.C. 31136(e) and 31315(b), each of the 15 applicants has satisfied the renewal conditions for obtaining an exemption from the epilepsy and seizure disorders prohibition. The 15 drivers in this notice remain in good standing with the Agency, have maintained their medical monitoring and have not exhibited any medical issues that would compromise their ability to safely operate a CMV during the previous 2-year exemption period. In addition, the Agency has reviewed each applicant’s certified driving record from their State Driver’s Licensing Agency (SDLA). The information obtained from each applicant’s driving record provides the Agency with details regarding any moving violations or reported crash data, which demonstrates whether the driver has a safe driving history and is an indicator of future driving performance. If the driving record revealed a crash, FMCSA requested and reviewed the related police reports and other relevant documents, such as the citation and conviction information. These factors provide an adequate basis for predicting each driver’s ability to continue to safely operate a CMV in interstate commerce. Therefore, FMCSA concludes that extending the exemption for each renewal applicant for a period of 2 years is likely to achieve a level of safety equivalent to that existing without the exemption. In accordance with 49 U.S.C. 31136(e) and 31315(b), the following groups of drivers received renewed exemptions in the month of February and are discussed below. As of February 3, 2025, and in accordance with 49 U.S.C. 31136(e) and 31315(b), the following eight individuals have satisfied the renewal conditions for obtaining an exemption from the epilepsy and seizure disorders prohibition in the FMCSRs for interstate CMV drivers: Ralph Bollman (PA) Keith Hubbard (WV) Chad Knott (MD) Jordan Moriarty (VT) Brian Porter (PA) Peter Della Rocco (PA) Jason Russell (IA) Donald Smith (NY) The drivers were included in docket number FMCSA–2010–0203, FMCSA– E:\FR\FM\27MRN1.SGM 27MRN1 13980 Federal Register / Vol. 90, No. 58 / Thursday, March 27, 2025 / Notices 2013–0444, FMCSA–2016–0007, FMCSA–2018–0056, FMCSA–2020– 0051, FMCSA–2022–0045, or FMCSA– 2022–0046. Their exemptions were applicable as of February 3, 2025, and will expire on February 3, 2027. As of February 28, 2025, and in accordance with 49 U.S.C. 31136(e) and 31315(b), the following seven individuals have satisfied the renewal conditions for obtaining an exemption from the epilepsy and seizure disorders prohibition in the FMCSRs for interstate CMV drivers: Andrew Briggs (WI) Trent Clark (PA) James Niemoller (MD) Joe Porath (ID) Jon Rollins (OH) Garrett Sager (IA) Shawn Vanliew (MN) The drivers were included in docket number FMCSA–2022–0047. Their exemptions were applicable as of February 28, 2025, and will expire on February 28, 2027. lotter on DSK11XQN23PROD with NOTICES1 The exemptions are extended subject to the following conditions: each driver must (1) remain seizure-free, maintain a stable treatment, and report to FMCSA within 24 hours if they experience a seizure during the 2-year exemption period; (2) submit to FMCSA annual reports from their treating physicians attesting to the stability of treatment and that the driver has remained seizurefree; (3) undergo an annual medical examination by a certified medical examiner, as defined by § 390.5T; (4) provide a copy of the annual medical certification to the employer for retention in the driver’s qualification file, or keep a copy of their driver’s qualification file if they are selfemployed; (5) report to FMCSA the date, time, and location of any crashes, as defined in § 390.5T, within 7 days of the crash; (6) report to FMCSA any citations and convictions for disqualifying offenses under 49 CFR parts 383 and 391 to FMCSA within 7 days of the citation and conviction; and (7) submit to FMCSA annual certified driving records from their SDLA. The driver must also have a copy of the exemption when driving, for presentation to a duly authorized Federal, State, or local enforcement official. In addition, the driver must meet all the applicable commercial driver’s license testing requirements. Each exemption will be valid for 2 years unless rescinded earlier by FMCSA. The exemption will be rescinded if: (1) the person fails to comply with the terms and conditions of the exemption; (2) the exemption has 17:43 Mar 26, 2025 VII. Preemption During the period the exemption is in effect, no State shall enforce any law or regulation that conflicts with this exemption with respect to a person operating under the exemption. VIII. Conclusion Based on its evaluation of the 15 exemption applications, FMCSA renews the exemptions of the aforementioned drivers from the epilepsy and seizure disorders prohibition in § 391.41(b)(8). In accordance with 49 U.S.C. 31136(e) and 31315(b), each exemption will be valid for 2 years unless revoked earlier by FMCSA. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2025–05249 Filed 3–26–25; 8:45 am] VI. Terms and Conditions VerDate Sep<11>2014 resulted in a lower level of safety than was maintained before it was granted; or (3) continuation of the exemption would not be consistent with the goals and objectives of 49 U.S.C. 31136(e) and 31315(b). Jkt 265001 BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA–2024–0029] Qualification of Drivers; Exemption Applications; Epilepsy and Seizure Disorders Federal Motor Carrier Safety Administration (FMCSA), Department of Transportation (DOT). ACTION: Notice of final disposition. AGENCY: FMCSA announces its decision to exempt 12 individuals from the requirement in the Federal Motor Carrier Safety Regulations (FMCSRs) that interstate commercial motor vehicle (CMV) drivers have ‘‘no established medical history or clinical diagnosis of epilepsy or any other condition which is likely to cause loss of consciousness or any loss of ability to control a CMV.’’ The exemptions enable these individuals who have had one or more seizures and are taking anti-seizure medication to operate CMVs in interstate commerce. DATES: The exemptions were applicable on February 1, 2025. The exemptions expire on February 1, 2027. 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; SUMMARY: PO 00000 Frm 00129 Fmt 4703 Sfmt 4703 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: I. Public Participation A. Viewing Comments To view comments, go to www.regulations.gov. Insert the docket number, (FMCSA–2024–0029) 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 on the ground floor of the DOT West Building, 1200 New Jersey Avenue SE, Washington, DC 20590–0001, between 9 a.m. and 5 p.m. ET Monday through Friday, except Federal holidays. To be sure someone is there to help you, please call (202) 366– 9317 or (202) 366–9826 before visiting Dockets Operations. B. Privacy Act In accordance with 49 U.S.C. 31315(b)(6), DOT solicits comments from the public on the exemption requests. DOT posts these comments, without edit, including any personal information the commenter provides, to www.regulations.gov. As described in the system of records notice DOT/ALL 14 (Federal Docket Management System), which can be reviewed at https://www.transportation.gov/ individuals/privacy/privacy-act-systemrecords-notices, the comments are searchable by the name of the submitter. II. Legal Basis FMCSA has authority under 49 U.S.C. 31136(e) and 31315(b) to grant exemptions from Federal Motor Carrier Safety Regulations (FMCSRs). FMCSA must publish a notice of each exemption request in the Federal Register (49 CFR 381.315(a)). The Agency must provide the public an opportunity to inspect the information relevant to the application, including the applicant’s safety analysis. The Agency must provide an opportunity for public comment on the request. The Agency reviews safety analyses and public comments submitted and determines whether granting the exemption would likely achieve a level of safety equivalent to, or greater than, the level that would be achieved by the current regulation (49 CFR 381.305(a)). The Agency must publish its decision in E:\FR\FM\27MRN1.SGM 27MRN1

Agencies

[Federal Register Volume 90, Number 58 (Thursday, March 27, 2025)]
[Notices]
[Pages 13978-13980]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-05249]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2010-0203; FMCSA-2013-0444; FMCSA-2016-0007; FMCSA-
2018-0056; FMCSA-2020-0051; FMCSA-2022-0045; FMCSA-2022-0046; FMCSA-
2022-0047]


Qualification of Drivers; Exemption Applications; Epilepsy and 
Seizure Disorders

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

ACTION: Notice of renewal of exemptions; request for comments.

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SUMMARY: FMCSA announces its decision to renew exemptions for 15 
individuals from the requirement in the Federal Motor Carrier Safety 
Regulations (FMCSRs) that interstate commercial motor vehicle (CMV) 
drivers have ``no established medical history or clinical diagnosis of 
epilepsy or any other condition which is likely to cause loss of 
consciousness or any loss of ability to control a CMV.'' The exemptions 
enable these individuals who have had one or more seizures and are 
taking anti-seizure medication to continue to operate CMVs in 
interstate commerce.

DATES: Each group of renewed exemptions were applicable on the dates 
stated in the discussions below and will expire on the dates stated in 
the discussions below. Comments must be received on or before April 28, 
2025.

ADDRESSES: You may submit comments identified by the Federal Docket 
Management System Docket No. FMCSA-2010-0203, Docket No. FMCSA-2013-
0444, Docket No. FMCSA-2016-0007, Docket No. FMCSA-2018-0056, Docket 
No. FMCSA-2020-0051, Docket No. FMCSA-2022-0045, Docket No. FMCSA-2022-
0046, or Docket No. FMCSA-2022-0047 using any of the following methods:
     Federal eRulemaking Portal: Go to www.regulations.gov/, 
insert the docket number (FMCSA-2010-0203, FMCSA-2013-0444, FMCSA-2016-
0007, FMCSA-2018-0056, FMCSA-2020-0051, FMCSA-2022-0045, FMCSA-2022-
0046, or FMCSA-2022-0047) 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.

FOR FURTHER INFORMATION CONTACT: Ms. Christine A. Hydock, Chief, 
Medical Programs Division, FMCSA, DOT, 1200 New Jersey Avenue SE, 
Washington, DC 20590-0001; (202) 366-4001; [email protected]. Office 
hours are from 8:30 a.m. to 5 p.m. ET Monday through Friday, except 
Federal holidays. If you have questions regarding viewing or submitting 
material to the docket, contact Dockets Operations, (202) 366-9826.

SUPPLEMENTARY INFORMATION:

I. Public Participation

A. Submitting Comments

    If you submit a comment, please include the docket number for this 
notice (Docket No. FMCSA-2010-0203, Docket No. FMCSA-2013-0444, Docket 
No. FMCSA-2016-0007, Docket No. FMCSA-2018-0056, Docket No. FMCSA-2020-
0051, Docket No. FMCSA-2022-0045, Docket No. FMCSA-2022-0046, or Docket 
No. FMCSA-2022-0047), 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-2010-0203, FMCSA-2013-0444, FMCSA-2016-0007, 
FMCSA-2018-0056, FMCSA-2020-0051, FMCSA-2022-0045, FMCSA-2022-0046, or 
FMCSA-2022-0047) 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 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. Confidential Business Information (CBI)

    CBI is commercial or financial information that is both customarily 
and actually treated as private by its owner. Under the Freedom of 
Information Act (5 U.S.C. 552), CBI is exempt from public disclosure. 
If your comments responsive to the notice contain commercial or 
financial information that is customarily treated as private, that you 
actually treat as private, and that is relevant or responsive to the 
notice, it is important that you clearly designate the submitted 
comments as CBI. Please mark each page of your submission that 
constitutes CBI as ``PROPIN'' to indicate it contains proprietary 
information. FMCSA will treat such marked submissions as confidential 
under the Freedom of Information Act, and they will not be placed in 
the public docket of the notice. Submissions containing CBI should be 
sent to Brian Dahlin, Chief, Regulatory Evaluation Division, Office of 
Policy, FMCSA, 1200 New Jersey Avenue SE, Washington, DC 20590-0001 or 
via email at [email protected]. At this time, you need not send a 
duplicate hardcopy of your electronic CBI submissions to FMCSA 
headquarters. Any comments FMCSA receives not specifically designated 
as CBI will be placed in the public docket for this notice.

C. Viewing Comments

    To view comments, go to www.regulations.gov. Insert the docket 
number (FMCSA-2010-0203, FMCSA-2013-0444, FMCSA-2016-0007, FMCSA-2018-
0056, FMCSA-2020-

[[Page 13979]]

0051, FMCSA-2022-0045, FMCSA-2022-0046, or FMCSA-2022-0047) in the 
keyword box and click ``Search.'' Next, sort the results by ``Posted 
(Newer-Older),'' choose the first notice listed, and click ``Browse 
Comments.'' If you do not have access to the internet, you may view the 
docket online by visiting Dockets Operations on the ground floor of the 
DOT West Building, 1200 New Jersey Avenue SE, Washington, DC 20590-
0001, between 9 a.m. and 5 p.m. ET Monday through Friday, except 
Federal holidays. To be sure someone is there to help you, please call 
(202) 366-9317 or (202) 366-9826 before visiting Dockets Operations.

D. 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. Legal Basis

    FMCSA has authority under 49 U.S.C. 31136(e) and 31315(b) to grant 
exemptions from Federal Motor Carrier Safety Regulations (FMCSRs). 
FMCSA must publish a notice of each exemption request in the Federal 
Register (49 CFR 381.315(a)). The Agency must provide the public an 
opportunity to inspect the information relevant to the application, 
including the applicant's safety analysis. The Agency must provide an 
opportunity for public comment on the request.
    The Agency reviews safety analyses and public comments submitted 
and determines whether granting the exemption would likely achieve a 
level of safety equivalent to, or greater than, the level that would be 
achieved by the current regulation (49 CFR 381.305(a)). The Agency must 
publish its decision in the Federal Register (49 CFR 381.315(b)). If 
granted, the notice will identify the regulatory provision from which 
the applicant will be exempt the effective period, and all terms and 
conditions of the exemption (49 CFR 381.315(c)(1)). If the exemption is 
denied, the notice will explain the reason for the denial (49 CFR 
381.315(c)(2)). The exemption may be renewed (49 CFR 381.300(b)).

III. Background

    The physical qualification standard for drivers regarding seizures 
and loss of consciousness provides 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 (49 CFR 391.41(b)(8)). To assist in applying this 
standard, FMCSA publishes guidance for medical examiners (ME) in the 
form of medical advisory criteria in Appendix A to 49 CFR part 391.\1\ 
In 2007, FMCSA published recommendations from a Medical Expert Panel 
(MEP) that FMCSA tasked to review the existing seizure disorder 
guidelines for MEs.\2\ The MEP performed a comprehensive, systematic 
literature review, including evidence available at the time. The MEP 
issued recommended criteria to evaluate whether an individual with a 
history of epilepsy, a single unprovoked seizure, or a provoked seizure 
should be allowed to drive a CMV.
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    \1\ 49 CFR part 391, app.A.II.G, available at https://www.ecfr.gov/current/title-49/subtitle-B/chapter-III/subchapter-B/part-391/appendix-Appendix%20A%20to%20Part%20391.
    \2\ ``Expert Panel Recommendations, Seizure Disorders and 
Commercial Motor Vehicle Driver Safety,'' Medical Expert Panel (Oct. 
15, 2007), available at https://www.fmcsa.dot.gov/sites/fmcsa.dot.gov/files/2020-04/Seizure-Disorders-MEP-Recommendations-v2-prot%2010152007.pdf.
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    On January 15, 2013, FMCSA began granting exemptions, on a case-by-
case basis, to individual drivers from the physical qualification 
standard regarding seizures and loss of consciousness in 49 CFR 
391.41(b)(8) (78 FR 3069). The Agency considers the medical advisory 
criteria, the 2007 MEP recommendations, and each individual's medical 
information and driving record in deciding whether to grant the 
exemption.
    The 15 individuals listed in this notice have requested renewal of 
their exemptions from the epilepsy and seizure disorders prohibition in 
Sec.  391.41(b)(8), in accordance with FMCSA procedures. Accordingly, 
FMCSA has evaluated these applications for renewal on their merits and 
decided to extend each exemption for a renewable 2-year period.

IV. Request for Comments

    Interested parties or organizations possessing information that 
would otherwise show that any, or all, of these drivers are not 
currently achieving the statutory level of safety should immediately 
notify FMCSA. The Agency will evaluate any adverse evidence submitted 
and, if safety is being compromised or if continuation of the exemption 
would not be consistent with the goals and objectives of 49 U.S.C. 
31136(e) and 31315(b), FMCSA will take immediate steps to revoke the 
exemption of a driver.

V. Basis for Renewing Exemptions

    In accordance with 49 U.S.C. 31136(e) and 31315(b), each of the 15 
applicants has satisfied the renewal conditions for obtaining an 
exemption from the epilepsy and seizure disorders prohibition. The 15 
drivers in this notice remain in good standing with the Agency, have 
maintained their medical monitoring and have not exhibited any medical 
issues that would compromise their ability to safely operate a CMV 
during the previous 2-year exemption period. In addition, the Agency 
has reviewed each applicant's certified driving record from their State 
Driver's Licensing Agency (SDLA). The information obtained from each 
applicant's driving record provides the Agency with details regarding 
any moving violations or reported crash data, which demonstrates 
whether the driver has a safe driving history and is an indicator of 
future driving performance. If the driving record revealed a crash, 
FMCSA requested and reviewed the related police reports and other 
relevant documents, such as the citation and conviction information. 
These factors provide an adequate basis for predicting each driver's 
ability to continue to safely operate a CMV in interstate commerce. 
Therefore, FMCSA concludes that extending the exemption for each 
renewal applicant for a period of 2 years is likely to achieve a level 
of safety equivalent to that existing without the exemption.
    In accordance with 49 U.S.C. 31136(e) and 31315(b), the following 
groups of drivers received renewed exemptions in the month of February 
and are discussed below.
    As of February 3, 2025, and in accordance with 49 U.S.C. 31136(e) 
and 31315(b), the following eight individuals have satisfied the 
renewal conditions for obtaining an exemption from the epilepsy and 
seizure disorders prohibition in the FMCSRs for interstate CMV drivers:

Ralph Bollman (PA)
Keith Hubbard (WV)
Chad Knott (MD)
Jordan Moriarty (VT)
Brian Porter (PA)
Peter Della Rocco (PA)
Jason Russell (IA)
Donald Smith (NY)

    The drivers were included in docket number FMCSA-2010-0203, FMCSA-

[[Page 13980]]

2013-0444, FMCSA-2016-0007, FMCSA-2018-0056, FMCSA-2020-0051, FMCSA-
2022-0045, or FMCSA-2022-0046. Their exemptions were applicable as of 
February 3, 2025, and will expire on February 3, 2027.
    As of February 28, 2025, and in accordance with 49 U.S.C. 31136(e) 
and 31315(b), the following seven individuals have satisfied the 
renewal conditions for obtaining an exemption from the epilepsy and 
seizure disorders prohibition in the FMCSRs for interstate CMV drivers:

Andrew Briggs (WI)
Trent Clark (PA)
James Niemoller (MD)
Joe Porath (ID)
Jon Rollins (OH)
Garrett Sager (IA)
Shawn Vanliew (MN)

    The drivers were included in docket number FMCSA-2022-0047. Their 
exemptions were applicable as of February 28, 2025, and will expire on 
February 28, 2027.

VI. Terms and Conditions

    The exemptions are extended subject to the following conditions: 
each driver must (1) remain seizure-free, maintain a stable treatment, 
and report to FMCSA within 24 hours if they experience a seizure during 
the 2-year exemption period; (2) submit to FMCSA annual reports from 
their treating physicians attesting to the stability of treatment and 
that the driver has remained seizure-free; (3) undergo an annual 
medical examination by a certified medical examiner, as defined by 
Sec.  390.5T; (4) provide a copy of the annual medical certification to 
the employer for retention in the driver's qualification file, or keep 
a copy of their driver's qualification file if they are self-employed; 
(5) report to FMCSA the date, time, and location of any crashes, as 
defined in Sec.  390.5T, within 7 days of the crash; (6) report to 
FMCSA any citations and convictions for disqualifying offenses under 49 
CFR parts 383 and 391 to FMCSA within 7 days of the citation and 
conviction; and (7) submit to FMCSA annual certified driving records 
from their SDLA. The driver must also have a copy of the exemption when 
driving, for presentation to a duly authorized Federal, State, or local 
enforcement official. In addition, the driver must meet all the 
applicable commercial driver's license testing requirements. Each 
exemption will be valid for 2 years unless rescinded earlier by FMCSA. 
The exemption will be rescinded if: (1) the person fails to comply with 
the terms and conditions of the exemption; (2) the exemption has 
resulted in a lower level of safety than was maintained before it was 
granted; or (3) continuation of the exemption would not be consistent 
with the goals and objectives of 49 U.S.C. 31136(e) and 31315(b).

VII. Preemption

    During the period the exemption is in effect, no State shall 
enforce any law or regulation that conflicts with this exemption with 
respect to a person operating under the exemption.

VIII. Conclusion

    Based on its evaluation of the 15 exemption applications, FMCSA 
renews the exemptions of the aforementioned drivers from the epilepsy 
and seizure disorders prohibition in Sec.  391.41(b)(8). In accordance 
with 49 U.S.C. 31136(e) and 31315(b), each exemption will be valid for 
2 years unless revoked earlier by FMCSA.

Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2025-05249 Filed 3-26-25; 8:45 am]
BILLING CODE 4910-EX-P
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