Notice2023-00446
Qualification of Drivers; Exemption Applications; Epilepsy and Seizure Disorders
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
January 12, 2023
Issuing agencies
Transportation DepartmentFederal Motor Carrier Safety Administration
Abstract
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.
Full Text
<html>
<head>
<title>Federal Register, Volume 88 Issue 8 (Thursday, January 12, 2023)</title>
</head>
<body><pre>
[Federal Register Volume 88, Number 8 (Thursday, January 12, 2023)]
[Notices]
[Pages 2159-2160]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-00446]
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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,
<a href="/cdn-cgi/l/email-protection#02646f6171636f67666b61636e42666d762c656d74"><span class="__cf_email__" data-cfemail="cea8a3adbdafa3abaaa7adafa28eaaa1bae0a9a1b8">[email protected]</span></a>. 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 <a href="http://www.regulations.gov">www.regulations.gov</a>. 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 <a href="http://www.regulations.gov">www.regulations.gov</a>. As described in the system of records
notice DOT/ALL 14 (Federal Docket Management System), which can be
reviewed at <a href="https://www.transportation.gov/individuals/privacy/privacy-act-system-records-notices">https://www.transportation.gov/individuals/privacy/privacy-act-system-records-notices</a>, 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.
---------------------------------------------------------------------------
\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
<a href="https://www.gpo.gov/fdsys/pkg/CFR-2015-title49-vol5/pdf/CFR-2015-title49-vol5-part391-appA.pdf">https://www.gpo.gov/fdsys/pkg/CFR-2015-title49-vol5/pdf/CFR-2015-title49-vol5-part391-appA.pdf</a>.
---------------------------------------------------------------------------
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]
BILLING CODE 4910-EX-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on January 12, 2023.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.