[Federal Register Volume 88, Number 8 (Thursday, January 12, 2023)]
[Notices]
[Pages 2159-2160]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-00446]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2014-0212; FMCSA-2014-0215; FMCSA-2015-0323; FMCSA-
2016-0007; FMCSA-2018-0052; FMCSA-2018-0053; FMCSA-2018-0054; FMCSA-
2020-0050; FMCSA-2020-0051]


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 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: The exemptions were applicable on November 27, 2022. The 
exemptions expire on November 27, 2024.

FOR FURTHER INFORMATION CONTACT: Ms. Christine A. Hydock, Chief, 
Medical Programs Division, FMCSA, DOT, 1200 New Jersey Avenue SE, Room 
W64-224, 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-2014-0212, FMCSA-2014-0215, FMCSA-2015-0323, FMCSA-2016-
0007, FMCSA-2018-0052, FMCSA-2018-0053, FMCSA-2018-0054, FMCSA-2020-
0050, or FMCSA-2020-0051) 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 in Room W12-140 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. Background

    On November 29, 2022, FMCSA published a notice announcing its 
decision to renew exemptions for 15 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 (87 FR 
73392). The public comment period ended on December 29, 2022, 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).
    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 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. However, FMCSA is 
aware Mr. Keith Hubbard's state of licensure was incorrectly stated in 
the November 2022 notice. Mr. Hubbard's state of licensure has been 
corrected in this notice exempting him from the seizure standard in 
Sec.  391.41(b)(8).

IV. Conclusion

    Based on its evaluation of the 15 renewal exemption applications, 
FMCSA announces its decision to exempt the following drivers from the 
epilepsy and seizure disorders prohibition in Sec.  391.41(b)(8).
    As of November 27, 2022, and in accordance with 49 U.S.C. 31136(e) 
and 31315(b), the following 15 individuals have satisfied the renewal 
conditions for obtaining an exemption from the epilepsy and seizure 
disorders

[[Page 2160]]

prohibition in the FMCSRs for interstate CMV drivers (87 FR 73392):

Thomas Avery (NY)
Scott Baggarley (WA)
Kevin Beamon (NY)
Joshua Cirilo (MN)
Paul Gomez (CA)
Jesse Hansen (MN)
Donald Horst (MD)
Keith Hubbard (WV)
Billy Hunter (KY)
Chad Knott (MD)
Louis Lerch (IA)
Rick Morrison (NC)
Thomas Ork (NY)
Curtis Palubicki (MN)
Devyn Roberts (KY)

    The drivers were included in docket number FMCSA-2014-0212, FMCSA-
2014-0215, FMCSA-2015-0323, FMCSA-2016-0007, FMCSA-2018-0052, FMCSA-
2018-0053, FMCSA-2018-0054, FMCSA-2020-0050, or FMCSA-2020-0051. Their 
exemptions were applicable as of November 27, 2022 and will expire on 
November 27, 2024.
    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. 2023-00446 Filed 1-11-23; 8:45 am]
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