Qualification of Drivers; Exemption Applications; Epilepsy and Seizure Disorders, 13982-13983 [2025-05251]

Download as PDF 13982 Federal Register / Vol. 90, No. 58 / Thursday, March 27, 2025 / Notices Jacob Johnstone (WI) Steven Nelson (IA) Hunter Raso (VA) Andrew Speights (MS) Vic Sprenkle (PA) Todd Weston (CA) Vernon Wingate (MD) In accordance with 49 U.S.C. 31315(b), each exemption will be valid for 2 years from the effective date unless revoked earlier by FMCSA. The exemption will be revoked if the following occurs: (1) the person fails to comply with the terms and conditions of the exemption; (2) the exemption has resulted in a lower level of safety than was maintained prior to being granted; or (3) continuation of the exemption would not be consistent with the goals and objectives of 49 U.S.C. 31136, 49 U.S.C. chapter 313, or the FMCSRs. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2025–05255 Filed 3–26–25; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA–2014–0215; FMCSA– 2015–0323; FMCSA–2016–0008; FMCSA– 2018–0028; FMCSA–2018–0053; FMCSA– 2018–0056; FMCSA–2020–0050; FMCSA– 2022–0045; FMCSA–2022–0046] 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 renew exemptions for 19 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 provided below. FOR FURTHER INFORMATION CONTACT: Ms. Christine A. Hydock, Chief, Medical lotter on DSK11XQN23PROD with NOTICES1 SUMMARY: VerDate Sep<11>2014 17:43 Mar 26, 2025 Jkt 265001 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. Viewing Comments To view comments, go to www.regulations.gov. Insert the docket number (FMCSA–2014–0215, FMCSA– 2015–0323, FMCSA–2016–0008, FMCSA–2018–0028, FMCSA–2018– 0053, FMCSA–2018–0056, FMCSA– 2020–0050, FMCSA–2022–0045, or FMCSA–2022–0046) 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. B. 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. 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. PO 00000 Frm 00131 Fmt 4703 Sfmt 4703 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. 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. 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/appendixAppendix%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-MEPRecommendations-v2-prot%2010152007.pdf. E:\FR\FM\27MRN1.SGM 27MRN1 Federal Register / Vol. 90, No. 58 / Thursday, March 27, 2025 / Notices On January 6, 2025, FMCSA published a notice announcing its decision to renew exemptions for 19 individuals from the epilepsy and seizure disorders prohibition in 49 CFR 391.41(b)(8) to operate a CMV in interstate commerce and requested comments from the public (90 FR 718). The public comment period ended on February 5, 2025, and no comments were received. FMCSA has evaluated the eligibility of these applicants and determined that renewing these exemptions would likely achieve a level of safety that is equivalent to, or greater than, the level that would be achieved by complying with § 391.41(b)(8). IV. Discussion of Comments FMCSA received no comments in this proceeding. lotter on DSK11XQN23PROD with NOTICES1 V. Conclusion Based on its evaluation of the 19 renewal exemption applications and no comments received, FMCSA announces its decision to exempt the following drivers from the epilepsy and seizure disorders prohibition in § 391.41(b)(8). As of January 1, 2025, and in accordance with 49 U.S.C. 31136(e) and 31315(b), the following 11 individuals have satisfied the renewal conditions for obtaining an exemption from the epilepsy and seizure disorders prohibition in the FMCSRs for interstate CMV drivers (90 FR 718): Ricky Alegre (NJ) Thomas Avery (NY) Kenneth Boglia (NC) Jake Higginbotham (NV) Jordan Hyster (OH) Matthew Jacobson (PA) Everett Letourneau (ND) Keith Maat (KS) Ty Martin (WV) Douglas Simms, Jr. (NC) Ronald Wagner (OH) The drivers were included in docket number FMCSA–2014–0215, FMCSA– 2015–0323, FMCSA–2016–0008, FMCSA–2018–0028, FMCSA–2018– 0053, FMCSA–2018–0056, FMCSA– 2020–0050, or FMCSA–2022–0045. Their exemptions were applicable as of January 1, 2025, and will expire on January 1, 2027. As of January 11, 2025, and in accordance with 49 U.S.C. 31136(e) and 31315(b), Dylan C. Hill (KS) has satisfied the renewal conditions for obtaining an exemption from the epilepsy and seizure disorders prohibition in the FMCSRs for interstate CMV drivers (90 FR 718). This driver was included in docket number FMCSA–2016–0008. The VerDate Sep<11>2014 17:43 Mar 26, 2025 Jkt 265001 exemption was applicable as of January 11, 2025, and will expire on January 11, 2027. As of January 25, 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 (90 FR 718): Joseph Carlisle (IL) Samuel Collins (SC) Michael Day (AZ) Brian Graham (MN) Matthew Raymond (NY) Eric Stucky (NC) Thomas Weber (NY) The drivers were included in docket number FMCSA–2022–0046. Their exemptions were applicable as of January 25, 2025, and will expire on January 25, 2027. In accordance with 49 U.S.C. 31315(b), each exemption will be valid for 2 years from the effective date unless revoked earlier by FMCSA. The exemption will be revoked if the following occurs: (1) the person fails to comply with the terms and conditions of the exemption; (2) the exemption has resulted in a lower level of safety than was maintained prior to being granted; or (3) continuation of the exemption would not be consistent with the goals and objectives of 49 U.S.C. 31136(e) and 31315(b). 13983 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. FOR FURTHER INFORMATION CONTACT: Ms. Christine A. Hydock, Chief, Medical Programs Division, FMCSA, Department of Transportation, 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 material in the docket, contact Dockets Operations, (202) 366–9826. SUPPLEMENTARY INFORMATION: I. Public Participation FMCSA encourages you to participate by submitting comments and related materials. Federal Motor Carrier Safety Administration (FMCSA), Department of Transportation (DOT). ACTION: Notice of applications for exemption; request for comments. A. Submitting Comments If you submit a comment, please include the docket number for this notice (FMCSA–2025–0008) indicate the specific section of this document to which the comment applies and provide a reason for suggestions or recommendations. 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 the Agency can contact you if it has questions regarding your submission. To submit your comment online, go to www.regulations.gov/docket/FMCSA2025-0008, click on this notice, click ‘‘Comment,’’ and type your comment into the text box on the following screen. 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. Comments received after the comment closing date will be filed in the public docket and will be considered to the extent practicable. FMCSA announces receipt of applications from 32 individuals 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 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 Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2025–05251 Filed 3–26–25; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA–2025–0008] Qualification of Drivers; Exemption Applications; Epilepsy and Seizure Disorders AGENCY: SUMMARY: PO 00000 Frm 00132 Fmt 4703 Sfmt 4703 E:\FR\FM\27MRN1.SGM 27MRN1

Agencies

[Federal Register Volume 90, Number 58 (Thursday, March 27, 2025)]
[Notices]
[Pages 13982-13983]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-05251]


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

DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2014-0215; FMCSA-2015-0323; FMCSA-2016-0008; FMCSA-
2018-0028; FMCSA-2018-0053; FMCSA-2018-0056; FMCSA-2020-0050; FMCSA-
2022-0045; FMCSA-2022-0046]


Qualification of Drivers; Exemption Applications; Epilepsy and 
Seizure Disorders

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

ACTION: Notice of final disposition.

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

SUMMARY: FMCSA announces its decision to renew exemptions for 19 
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 provided 
below.

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

SUPPLEMENTARY INFORMATION:

I. Public Participation

A. Viewing Comments

    To view comments, go to www.regulations.gov. Insert the docket 
number (FMCSA-2014-0215, FMCSA-2015-0323, FMCSA-2016-0008, FMCSA-2018-
0028, FMCSA-2018-0053, FMCSA-2018-0056, FMCSA-2020-0050, FMCSA-2022-
0045, or FMCSA-2022-0046) 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.

B. 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.
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

    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.

[[Page 13983]]

    On January 6, 2025, FMCSA published a notice announcing its 
decision to renew exemptions for 19 individuals from the epilepsy and 
seizure disorders prohibition in 49 CFR 391.41(b)(8) to operate a CMV 
in interstate commerce and requested comments from the public (90 FR 
718). The public comment period ended on February 5, 2025, and no 
comments were received.
    FMCSA has evaluated the eligibility of these applicants and 
determined that renewing these exemptions would likely achieve a level 
of safety that is equivalent to, or greater than, the level that would 
be achieved by complying with Sec.  391.41(b)(8).

IV. Discussion of Comments

    FMCSA received no comments in this proceeding.

V. Conclusion

    Based on its evaluation of the 19 renewal exemption applications 
and no comments received, FMCSA announces its decision to exempt the 
following drivers from the epilepsy and seizure disorders prohibition 
in Sec.  391.41(b)(8). As of January 1, 2025, and in accordance with 49 
U.S.C. 31136(e) and 31315(b), the following 11 individuals have 
satisfied the renewal conditions for obtaining an exemption from the 
epilepsy and seizure disorders prohibition in the FMCSRs for interstate 
CMV drivers (90 FR 718):

Ricky Alegre (NJ)
Thomas Avery (NY)
Kenneth Boglia (NC)
Jake Higginbotham (NV)
Jordan Hyster (OH)
Matthew Jacobson (PA)
Everett Letourneau (ND)
Keith Maat (KS)
Ty Martin (WV)
Douglas Simms, Jr. (NC)
Ronald Wagner (OH)

    The drivers were included in docket number FMCSA-2014-0215, FMCSA-
2015-0323, FMCSA-2016-0008, FMCSA-2018-0028, FMCSA-2018-0053, FMCSA-
2018-0056, FMCSA-2020-0050, or FMCSA-2022-0045. Their exemptions were 
applicable as of January 1, 2025, and will expire on January 1, 2027.
    As of January 11, 2025, and in accordance with 49 U.S.C. 31136(e) 
and 31315(b), Dylan C. Hill (KS) has satisfied the renewal conditions 
for obtaining an exemption from the epilepsy and seizure disorders 
prohibition in the FMCSRs for interstate CMV drivers (90 FR 718).
    This driver was included in docket number FMCSA-2016-0008. The 
exemption was applicable as of January 11, 2025, and will expire on 
January 11, 2027.
    As of January 25, 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 
(90 FR 718):

Joseph Carlisle (IL)
Samuel Collins (SC)
Michael Day (AZ)
Brian Graham (MN)
Matthew Raymond (NY)
Eric Stucky (NC)
Thomas Weber (NY)

    The drivers were included in docket number FMCSA-2022-0046. Their 
exemptions were applicable as of January 25, 2025, and will expire on 
January 25, 2027.
    In accordance with 49 U.S.C. 31315(b), each exemption will be valid 
for 2 years from the effective date unless revoked earlier by FMCSA. 
The exemption will be revoked if the following occurs: (1) the person 
fails to comply with the terms and conditions of the exemption; (2) the 
exemption has resulted in a lower level of safety than was maintained 
prior to being granted; or (3) continuation of the exemption would not 
be consistent with the goals and objectives of 49 U.S.C. 31136(e) and 
31315(b).

Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2025-05251 Filed 3-26-25; 8:45 am]
BILLING CODE 4910-EX-P
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.