Notice2024-28347
Qualification of Drivers; Exemption Applications; Epilepsy and Seizure Disorders
Primary source
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Published
December 3, 2024
Issuing agencies
Transportation DepartmentFederal Motor Carrier Safety Administration
Abstract
FMCSA announces its decision to renew exemptions for eight 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 232 (Tuesday, December 3, 2024)</title>
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[Federal Register Volume 89, Number 232 (Tuesday, December 3, 2024)]
[Notices]
[Pages 95899-95901]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-28347]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2013-0444; FMCSA-2015-0323; FMCSA-2018-0052; FMCSA-
2018-0054; FMCSA-2020-0050; FMCSA-2022-0045]
Qualification of Drivers; Exemption Applications; Epilepsy and
Seizure Disorders
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), Department
of Transportation (DOT).
ACTION: Notice of renewal of exemptions; request for comments.
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SUMMARY: FMCSA announces its decision to renew exemptions for eight
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 are applicable on the dates
stated in the discussions below and will expire on the dates stated in
the discussions below. Comments must be received on or before January
2, 2025.
ADDRESSES: You may submit comments identified by the Federal Docket
Management System Docket No. FMCSA-2013-0444, Docket No. FMCSA-2015-
0323, Docket No. FMCSA-2018-0052, Docket No. FMCSA-2018-0054, Docket
No. FMCSA-2020-0050, or Docket No. FMCSA-2022-0045 using any of the
following methods:
<bullet> Federal eRulemaking Portal: Go to <a href="http://www.regulations.gov/">www.regulations.gov/</a>,
insert the docket number (FMCSA-2013-0444, FMCSA-2015-0323, FMCSA-2018-
0052, FMCSA-2018-0054, FMCSA-2020-0050, or FMCSA-2022-0045) in the
keyword box and click ``Search.'' Next, sort the results by ``Posted
(Newer-Older),'' choose the first notice listed, and click on the
``Comment'' button. Follow the online instructions for submitting
comments.
<bullet> Mail: Dockets Operations; U.S. Department of
Transportation, 1200 New Jersey Avenue SE, West Building Ground Floor,
Washington, DC 20590-0001.
<bullet> Hand Delivery: West Building Ground Floor, 1200 New Jersey
Avenue SE, Washington, DC 20590-0001 between 9 a.m. and 5 p.m. ET
Monday through Friday, except Federal holidays.
<bullet> Fax: (202) 493-2251.
To avoid duplication, please use only one of these four methods.
See the ``Public Participation'' portion of the SUPPLEMENTARY
INFORMATION section for instructions on submitting comments.
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#c9afa4aabaa8a4acada0aaa8a589ada6bde7aea6bf"><span class="__cf_email__" data-cfemail="cfa9a2acbcaea2aaaba6acaea38faba0bbe1a8a0b9">[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. Submitting Comments
If you submit a comment, please include the docket number for this
notice (Docket No. FMCSA-2013-0444, Docket No. FMCSA-2015-0323, Docket
No. FMCSA-2018-0052, Docket No. FMCSA-2018-0054, Docket No. FMCSA-2020-
0050, or Docket No. FMCSA-2022-0045), indicate the specific section of
this document to which each comment applies, and provide a reason for
each suggestion or recommendation. You may submit your
[[Page 95900]]
comments and material online or by fax, mail, or hand delivery, but
please use only one of these means. FMCSA recommends that you include
your name and a mailing address, an email address, or a phone number in
the body of your document so that FMCSA can contact you if there are
questions regarding your submission.
To submit your comment online, go to <a href="http://www.regulations.gov/">www.regulations.gov/</a>, insert
the docket number (FMCSA-2013-0444, FMCSA-2015-0323, FMCSA-2018-0052,
FMCSA-2018-0054, FMCSA-2020-0050, or FMCSA-2022-0045) in the keyword
box and click ``Search.'' Next, sort the results by ``Posted (Newer-
Older),'' choose the first notice listed, click the ``Comment'' button,
and type your comment into the text box on the following screen. Choose
whether you are submitting your comment as an individual or on behalf
of a third party and then submit.
If you submit your comments by mail or hand delivery, submit them
in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for
copying and electronic filing. FMCSA will consider all comments and
material received during the comment period.
B. Viewing Comments
To view comments go to <a href="http://www.regulations.gov">www.regulations.gov</a>. Insert the docket
number (FMCSA-2013-0444, FMCSA-2015-0323, FMCSA-2018-0052, FMCSA-2018-
0054, FMCSA-2020-0050, or FMCSA-2022-0045) 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.
C. 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
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 statutes also allow the Agency to renew exemptions at
the end of the 5-year period. However, 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 physical qualification standard for drivers regarding epilepsy
found in 49 CFR 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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The eight individuals listed in this notice have requested renewal
of their exemptions from the epilepsy and seizure disorders prohibition
in Sec. 391.41(b)(8), in accordance with FMCSA procedures.
Accordingly, FMCSA has evaluated these applications for renewal on
their merits and decided to extend each exemption for a renewable 2-
year period.
III. Request for Comments
Interested parties or organizations possessing information that
would otherwise show that any, or all, of these drivers are not
currently achieving the statutory level of safety should immediately
notify FMCSA. The Agency will evaluate any adverse evidence submitted
and, if safety is being compromised or if continuation of the exemption
would not be consistent with the goals and objectives of 49 U.S.C.
31136(e) and 31315(b), FMCSA will take immediate steps to revoke the
exemption of a driver.
IV. Basis for Renewing Exemptions
In accordance with 49 U.S.C. 31136(e) and 31315(b), each of the
eight applicants has satisfied the renewal conditions for obtaining an
exemption from the epilepsy and seizure disorders prohibition. The
eight drivers in this notice remain in good standing with the Agency,
have maintained their medical monitoring and have not exhibited any
medical issues that would compromise their ability to safely operate a
CMV during the previous 2-year exemption period. In addition, the
Agency has reviewed each applicant's certified driving record from
their State Driver's Licensing Agency (SDLA). The information obtained
from each applicant's driving record provides the Agency with details
regarding any moving violations or reported crash data, which
demonstrates whether the driver has a safe driving history and is an
indicator of future driving performance. If the driving record revealed
a crash, FMCSA requested and reviewed the related police reports and
other relevant documents, such as the citation and conviction
information. These factors provide an adequate basis for predicting
each driver's ability to continue to safely operate a CMV in interstate
commerce. Therefore, FMCSA concludes that extending the exemption for
each renewal applicant for a period of 2 years is likely to achieve a
level of safety equal to that existing without the exemption.
In accordance with 49 U.S.C. 31136(e) and 31315(b), the following
groups of drivers received renewed exemptions in the month of December
and are discussed below. As of December 12, 2024, 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:
Jesse Hansen (MN)
Domenick Panfile (NJ)
Carsten Thode (WA)
Thomas Kline (PA)
Andrew Rieschick (NE)
Jose Lara-Ramirez (NV)
Stephen St. Marthe (NC)
The drivers were included in docket number FMCSA-2013-0444, FMCSA-
2018-0052, FMCSA-2018-0054, FMCSA-2020-0050, or FMCSA-2022-0045. Their
exemptions are applicable as of December 12, 2024, and will expire on
December 12, 2026.
As of December 16, 2024, and in accordance with 49 U.S.C. 31136(e)
and 31315(b), Kyle Loney (WA) has satisfied the renewal conditions for
obtaining an
[[Page 95901]]
exemption from the epilepsy and seizure disorders prohibition in the
FMCSRs for interstate CMV drivers.
This driver was included in docket number FMCSA-2015-0323. The
exemption is applicable as of December 16, 2024, and will expire on
December 16, 2026.
V. Terms and Conditions
The exemptions are extended subject to the following conditions:
each driver must (1) remain seizure-free, maintain a stable treatment,
and report to FMCSA within 24 hours if they experience a seizure during
the 2-year exemption period; (2) submit to FMCSA annual reports from
their treating physicians attesting to the stability of treatment and
that the driver has remained seizure-free; (3) undergo an annual
medical examination by a certified medical examiner, as defined by
Sec. 390.5T; (4) provide a copy of the annual medical certification to
the employer for retention in the driver's qualification file, or keep
a copy of their driver's qualification file if they are self-employed;
(5) report to FMCSA the date, time, and location of any crashes, as
defined in Sec. 390.5T, within 7 days of the crash; (6) report to
FMCSA any citations and convictions for disqualifying offenses under 49
CFR parts 383 and 391 to FMCSA within 7 days of the citation and
conviction; and (7) submit to FMCSA annual certified driving records
from their SDLA. The driver must also have a copy of the exemption when
driving, for presentation to a duly authorized Federal, State, or local
enforcement official. In addition, the driver must meet all the
applicable commercial driver's license testing requirements. Each
exemption will be valid for 2 years unless rescinded earlier by FMCSA.
The exemption will be rescinded if: (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 before it was
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).
VI. Preemption
During the period the exemption is in effect, no State shall
enforce any law or regulation that conflicts with this exemption with
respect to a person operating under the exemption.
VII. Conclusion
Based on its evaluation of the eight exemption applications, FMCSA
renews the exemptions of the aforementioned drivers from the epilepsy
and seizure disorders prohibition in Sec. 391.41(b)(8). In accordance
with 49 U.S.C. 31136(e) and 31315(b), each exemption will be valid for
2 years unless revoked earlier by FMCSA.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2024-28347 Filed 12-2-24; 8:45 am]
BILLING CODE 4910-EX-P
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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.