Notice2024-26973
Qualification of Drivers; Exemption Applications; Epilepsy and Seizure Disorders
Primary source
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Published
November 19, 2024
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
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<title>Federal Register, Volume 89 Issue 223 (Tuesday, November 19, 2024)</title>
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[Federal Register Volume 89, Number 223 (Tuesday, November 19, 2024)]
[Notices]
[Pages 91477-91478]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-26973]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2012-0294; FMCSA-2013-0443; FMCSA-2013-0445;FMCSA-
2014-0212; FMCSA-2014-0213; FMCSA-2015-0321; FMCSA-2018-0051; FMCSA-
2018-0052; FMCSA-2018-0054; FMCSA-2019-0033; FMCSA-2020-0046; FMCSA-
2022-0044]
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 October 21, 2024. The
exemptions expire on October 21, 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, <a href="/cdn-cgi/l/email-protection#d4b2b9b7a7b5b9b1b0bdb7b5b894b0bba0fab3bba2"><span class="__cf_email__" data-cfemail="92f4fff1e1f3fff7f6fbf1f3fed2f6fde6bcf5fde4">[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-2012-0294, FMCSA-2013-0443, FMCSA-2013-0445, FMCSA-2014-
0212, FMCSA-2014-0213, FMCSA-2015-0321, FMCSA-2018-0051, FMCSA-2018-
0052, FMCSA-2018-0054, FMCSA-2019-0033, FMCSA-2020-0046, or FMCSA-2022-
0044) 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 <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 September 26, 2024, 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 (89 FR
78973). The public comment period ended on October 28, 2024, and one
comment was 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
<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>.
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III. Discussion of Comments
FMCSA received one comment in this proceeding. The commenter stated
that while they support the renewal process for seizure exemptions,
they believe that the Federal Seizure Exemption Program should include
stricter and more frequent medical evaluations to ensure safety. FMCSA
requires that exemption holders submit annual reports from their
treating physicians attesting to the stability of their treatment and
that they have remained seizure-free as well as undergo an annual
medical examination by a certified medical examiner, as defined by
Sec. 390.5, as conditions of hold the exemption. The commenter's
statement regarding improvements for clearer signage and roadway
conditions to minimize potentials risks of these drivers is outside the
scope of this notice.
IV. Conclusion
Based on its evaluation of the 15 renewal exemption applications
and comments received, FMCSA announces its decision to exempt the
following drivers from the epilepsy and seizure disorders prohibition
in Sec. 391.41(b)(8).
[[Page 91478]]
As of October 21, 2024, 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 prohibition in the FMCSRs for interstate CMV drivers (89 FR
78973):
Lee Anderson (MA)
Jay Asack (MA)
Peter Bender (MN)
Ronald Blount (GA)
Eric Hilmer (WI)
Lucas Meeker (OH)
Roland Mezger (PA)
Roger Parker (NC)
Nicholas Ramirez (CA)
Michael Ranalli (PA)
Bryan Sheehan (FL)
Matthew Staley (CO)
Joshua Thomas (MN)
Robert Thomas, Jr. (NC)
Peter Thompson (FL)
The drivers were included in docket number FMCSA-2012-0294, FMCSA-
2013-0443, FMCSA-2013-0445, FMCSA-2014-0212, FMCSA-2014-0213, FMCSA-
2015-0321, FMCSA-2018-0051, FMCSA-2018-0052, FMCSA-2018-0054, FMCSA-
2019-0033, FMCSA-2020-0046, or FMCSA-2022-0044. Their exemptions were
applicable as of October 21, 2024 and will expire on October 21, 2026.
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. 2024-26973 Filed 11-18-24; 8:45 am]
BILLING CODE 4910-EX-P
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