90 FR 58 pgs. 13982-13983 - Qualification of Drivers; Exemption Applications; Epilepsy and Seizure Disorders
Type: NOTICEVolume: 90Number: 58Pages: 13982 - 13983
Pages: 13982, 13983Docket number: [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]
FR document: [FR Doc. 2025-05251 Filed 3-26-25; 8:45 am]
Agency: Transportation Department
Sub Agency: Federal Motor Carrier Safety Administration
Official PDF Version: PDF Version
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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; 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-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.
Footnotes:
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.
[top] 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 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.
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 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]
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