[Federal Register Volume 90, Number 9 (Wednesday, January 15, 2025)]
[Notices]
[Pages 3989-3990]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-00748]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2024-0028]
Qualification of Drivers; Exemption Applications; Epilepsy and
Seizure Disorders
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), Department
of Transportation (DOT).
ACTION: Notice of final disposition.
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SUMMARY: FMCSA announces its decision to exempt 13 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 December 31, 2024. The
exemptions expire on December 31, 2026.
FOR FURTHER INFORMATION CONTACT: Ms. Christine A. Hydock, Chief,
Medical Programs Division, FMCSA, DOT, 1200 New Jersey Avenue SE,
Washington, DC 20590-0001, (202) 366-4001, [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-2024-0028) 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. Background
On November 26, 2024, FMCSA published a notice announcing receipt
of applications from 13 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 93392). The public comment
period ended on December 26, 2024, and no comments were 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).
The physical qualification standard for drivers regarding epilepsy
found in Sec. 391.41(b)(8) states that a person is physically
qualified to drive a CMV if that person has no established medical
history or clinical diagnosis of epilepsy or any other condition which
is likely to cause the loss of consciousness or any loss of ability to
control a CMV.
In addition to the regulations, FMCSA has published advisory
criteria \1\ to assist medical examiners (MEs) in determining whether
drivers with certain medical conditions are qualified to operate a CMV
in interstate commerce.
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\1\ These criteria may be found in APPENDIX A TO PART 391--
MEDICAL ADVISORY CRITERIA, section H. Epilepsy: Sec. 391.41(b)(8),
paragraphs 3, 4, and 5, which is available on the internet at
https://www.gpo.gov/fdsys/pkg/CFR-2015-title49-vol5/pdf/CFR-2015-title49-vol5-part391-appA.pdf.
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III. Discussion of Comments
FMCSA received no comments in this proceeding.
IV. Basis for Exemption Determination
Under 49 U.S.C. 31136(e) and 31315(b), FMCSA may grant an exemption
from the FMCSRs for no longer than a 5-year period if it finds such
exemption would likely achieve a level of safety that is equivalent to,
or greater than, the level that would be
[[Page 3990]]
achieved absent such exemption. The statutes allow the Agency to renew
exemptions at the end of the 5-year period. However, FMCSA grants
medical exemptions from the FMCSRs for a 2-year period to align with
the maximum duration of a driver's medical certification.
The Agency's decision regarding these exemption applications is
based on the 2007 recommendations of the Agency's Medical Expert Panel.
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 November 26, 2024,
Federal Register notice (89 FR 93392) and will not be repeated in this
notice.
These 13 applicants have been seizure-free over a range of 21 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.
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 equal to that
existing without the exemption, consistent with the applicable standard
in 49 U.S.C. 31315(b)(1).
V. 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.
VI. 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.
VII. Conclusion
Based upon its evaluation of the 13 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:
Timothy Andersen (WI)
Randson Burdette (OH)
Giovanni Dale (MS)
Robert Edwards (NV)
Chad Johnson (IA)
Austin Little (PA)
Denton O'Conner (NY)
Monroe Peterson (IA)
Austin Rodriguez (CA)
Wayne Scaggs (OH)
Richard Sievers (WI)
Beth Smith (MT)
Brandon White (CA)
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. 2025-00748 Filed 1-14-25; 8:45 am]
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