Qualification of Drivers; Exemption Applications; Epilepsy and Seizure Disorders, 13980-13982 [2025-05255]

Download as PDF 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 Each exemption will be valid for 2 years unless rescinded earlier by FMCSA. The exemption will be rescinded if: (1) the person fails to comply with the terms and conditions of the exemption; (2) the exemption has 17:43 Mar 26, 2025 VII.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 Federal Register / Vol. 90, No. 58 / Thursday, March 27, 2025 / Notices 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)). lotter on DSK11XQN23PROD with NOTICES1 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. On December 27, 2024, FMCSA published a notice announcing receipt of applications from 12 individuals requesting an exemption from the epilepsy and seizure disorders prohibition in 49 CFR 391.41(b)(8) and requested comments from the public (89 FR 105680). The public comment period 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-MEPRecommendations-v2-prot%2010152007.pdf. VerDate Sep<11>2014 17:43 Mar 26, 2025 Jkt 265001 ended on January 27, 2025, and one comment was received. FMCSA has evaluated the eligibility of these applicants and determined that granting exemptions to these individuals 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 one comment in this proceeding. Jacob Johnstone, an applicant listed in this notice, stated his support for his exemption and his ability to drive in interstate commerce. V. Basis for Exemption Determination The Agency conducted an individualized assessment of each applicant’s medical information, including the root cause of the respective seizure(s) and medical information about the applicant’s seizure history, the length of time that has elapsed since the individual’s last seizure, the stability of each individual’s treatment regimen and the duration of time on or off of anti-seizure medication. In addition, the Agency reviewed the treating clinician’s medical opinion related to the ability of the driver to safely operate a CMV with a seizure history and each 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. A summary of each applicant’s seizure history was discussed in the December 27, 2024, Federal Register notice (89 FR 105680) and will not be repeated in this notice. These 12 applicants have been seizure-free over a range of 4–25 years while taking anti-seizure medication and maintained a stable medication treatment regimen for the last 2 years. In each case, the applicant’s treating physician verified his or her seizure history and supports the ability to drive commercially. The Agency acknowledges the potential consequences of a driver experiencing a seizure while operating a CMV. However, the Agency believes the drivers granted this exemption have demonstrated that they are unlikely to have a seizure and their medical PO 00000 Frm 00130 Fmt 4703 Sfmt 4703 13981 condition does not pose a risk to public safety in the operation of a CMV. Consequently, FMCSA finds further that in each case exempting these applicants from the epilepsy and seizure disorder prohibition in § 391.41(b)(8) would likely achieve a level of safety equivalent to that existing without the exemption, consistent with the applicable standard in 49 U.S.C. 31315(b)(1). VI. Terms and Conditions The terms and conditions of the exemption are provided to the applicants in the exemption document and include the following: 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, location, and time 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 within 7 days of the citations and convictions; 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 applicable commercial driver’s license testing requirements. 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 upon its evaluation of the 12 exemption applications, FMCSA exempts the following drivers from the epilepsy and seizure disorder prohibition in § 391.41(b)(8), subject to the requirements cited above: Ronald Buccheri (NJ) Brian Daniels (NJ) Christopher Dowdy (KS) Dale Folsom (FL) Kenneth Horten (AZ) E:\FR\FM\27MRN1.SGM 27MRN1 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

Agencies

[Federal Register Volume 90, Number 58 (Thursday, March 27, 2025)]
[Notices]
[Pages 13980-13982]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-05255]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2024-0029]


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 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; [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-2024-0029) in the keyword box and click ``Search.'' 
Next, sort the results by ``Posted (Older-Newer),'' 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-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

[[Page 13981]]

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.
    On December 27, 2024, FMCSA published a notice announcing receipt 
of applications from 12 individuals requesting an exemption from the 
epilepsy and seizure disorders prohibition in 49 CFR 391.41(b)(8) and 
requested comments from the public (89 FR 105680). The public comment 
period ended on January 27, 2025, and one comment was received.
    FMCSA has evaluated the eligibility of these applicants and 
determined that granting exemptions to these individuals 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 one comment in this proceeding. Jacob Johnstone, an 
applicant listed in this notice, stated his support for his exemption 
and his ability to drive in interstate commerce.

V. Basis for Exemption Determination

    The Agency conducted an individualized assessment of each 
applicant's medical information, including the root cause of the 
respective seizure(s) and medical information about the applicant's 
seizure history, the length of time that has elapsed since the 
individual's last seizure, the stability of each individual's treatment 
regimen and the duration of time on or off of anti-seizure medication. 
In addition, the Agency reviewed the treating clinician's medical 
opinion related to the ability of the driver to safely operate a CMV 
with a seizure history and each 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. A summary of each applicant's seizure history was 
discussed in the December 27, 2024, Federal Register notice (89 FR 
105680) and will not be repeated in this notice.
    These 12 applicants have been seizure-free over a range of 4-25 
years while taking anti-seizure medication and maintained a stable 
medication treatment regimen for the last 2 years. In each case, the 
applicant's treating physician verified his or her seizure history and 
supports the ability to drive commercially.
    The Agency acknowledges the potential consequences of a driver 
experiencing a seizure while operating a CMV. However, the Agency 
believes the drivers granted this exemption have demonstrated that they 
are unlikely to have a seizure and their medical condition does not 
pose a risk to public safety in the operation of a CMV.
    Consequently, FMCSA finds further that in each case exempting these 
applicants from the epilepsy and seizure disorder prohibition in Sec.  
391.41(b)(8) would likely achieve a level of safety equivalent to that 
existing without the exemption, consistent with the applicable standard 
in 49 U.S.C. 31315(b)(1).

VI. Terms and Conditions

    The terms and conditions of the exemption are provided to the 
applicants in the exemption document and include the following: 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, location, and time 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 within 7 days of the citations and convictions; 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 applicable commercial 
driver's license testing requirements.

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 upon its evaluation of the 12 exemption applications, FMCSA 
exempts the following drivers from the epilepsy and seizure disorder 
prohibition in Sec.  391.41(b)(8), subject to the requirements cited 
above:

Ronald Buccheri (NJ)
Brian Daniels (NJ)
Christopher Dowdy (KS)
Dale Folsom (FL)
Kenneth Horten (AZ)

[[Page 13982]]

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
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