[Federal Register Volume 88, Number 117 (Tuesday, June 20, 2023)]
[Notices]
[Pages 39906-39907]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-13034]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2023-0034]


Qualification of Drivers; Exemption Applications; Epilepsy and 
Seizure Disorders

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

ACTION: Notice of denials.

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SUMMARY: FMCSA announces its decision to deny applications from 27 
individuals who requested an exemption from the Federal Motor Carrier 
Safety Regulations (FMCSRs) prohibiting 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 operate a commercial 
motor vehicle (CMV) from operating 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, 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 material in the docket, contact Dockets 
Operations, (202) 366-9826.

SUPPLEMENTARY INFORMATION: 

I. Public Participation

A. Comments

    To view comments go to www.regulations.gov. Insert the docket 
number (FMCSA-2023-0034) 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. Background

    FMCSA received applications from 27 individuals who requested an 
exemption from the FMCSRs prohibiting 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 operate a CMV from operating 
CMVs in interstate commerce.
    FMCSA has evaluated the eligibility of these applicants and 
concluded that granting these exemptions would not provide a level of 
safety that would be equivalent to, or greater than, the level of 
safety that would be obtained by complying with Sec.  391.41(b)(8).

III. 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 achieved absent such 
exemption. The statute also allows the Agency to renew exemptions at 
the end of the 5-year period. 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 eligibility criteria, the terms 
and conditions for Federal exemptions, and an individualized assessment 
of each applicant's medical information provided by the applicant.

IV. Conclusion

    The Agency has determined that these applicants do not satisfy the 
eligibility criteria or meet the terms and conditions of the Federal 
exemption and granting these exemptions would not provide a level of 
safety that would be equivalent to, or greater than, the level of 
safety that would be obtained by complying with Sec.  391.41(b)(8). 
Therefore, the 27 applicants in this notice have been denied exemptions 
from the physical qualification standards in Sec.  391.41(b)(8).
    Each applicant has, prior to this notice, received a letter of 
final disposition regarding his/her exemption request. Those decision 
letters fully outlined the basis for the denial and constitute final 
action by the Agency. This notice summarizes the Agency's recent 
denials as required under 49 U.S.C. 31315(b)(4) by periodically 
publishing names and reasons for denial.
    The following 27 applicants do not meet the minimum time 
requirement for being seizure-free, either on or off of anti-seizure 
medication:

Larry Attles (MI)
Julio Baez-Soto (NY)
Charles Boman (PA)
Christopher Carver (TX)
Ryan Cecchini (WI)
Joey Cerniglia (GA)
Jason Ebert (OH)
Muhammad Elbaba (MN)
Jonathan Flight (NE)
Marcus Foster (NJ)
Deyanira Gonzalez (TX)

[[Page 39907]]

Bryan Hsu (CA)
Gabriel Ihm (IL)
Scott Jensen (WI)
Evin Ksiezarcyzk (NY)
Zachery Lieske (WI)
Juanita Liscano (TX)
Brandon Mullican (GA)
Matthew Nipper (TN)
Jeremy Olson (WI)
Elizabeth Orr (NC)
Brody Scott (CA)
Andonia Smith (MI)
Joshua Sunderland (PA)
Adriana Torres (WA)
Gabriel Wilcox (CA)
Cornelius Wilson (GA)

Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2023-13034 Filed 6-16-23; 8:45 am]
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