Qualification of Drivers; Exemption Applications; Epilepsy and Seizure Disorders

Published date22 April 2024
Record Number2024-08519
Citation89 FR 29426
CourtFederal Motor Carrier Safety Administration,Transportation Department
SectionNotices
29426
Federal Register / Vol. 89, No. 78 / Monday, April 22, 2024 / Notices
1
These criteria may be found in Appendix A to
Part 391—Medical Advisory Criteria, section H.
Epilepsy: §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.
electronic portal at https://comments.
ustr.gov/s/.
Juan Millan,
Acting General Counsel, Office of the United
States Trade Representative.
[FR Doc. 2024–08515 Filed 4–19–24; 8:45 am]
BILLING CODE 3390–F4–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2015–0323; FMCSA–
2017–0251; FMCSA–2018–0058; FMCSA–
2020–0052; FMCSA–2021–0026]
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 13
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 March 15, 2024. The exemptions
expire on March 15, 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,
fmcsamedical@dot.gov. 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–2015–0323, FMCSA–
2017–0251, FMCSA–2018–0058,
FMCSA–2020–0052, or FMCSA–2021–
0026) 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
On February 27, 2024, FMCSA
published a notice announcing its
decision to renew exemptions for 13
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
14735). The public comment period
ended on March 29, 2024, 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 § 391.41(b)(8).
The physical qualification standard
for drivers regarding epilepsy found in
§ 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.
III. Discussion of Comments
FMCSA received no comments in this
proceeding.
IV. Conclusion
Based on its evaluation of the 13
renewal exemption applications and
comments received, FMCSA announces
its decision to exempt the following
drivers from the epilepsy and seizure
disorders prohibition in § 391.41(b)(8).
As of March 15, 2024, and in
accordance with 49 U.S.C. 31136(e) and
31315(b), the following 13 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 14735):
Andrew Anzalone (MA)
Robert Drake (AZ)
Jeffrey Green (CA)
Dylan Hill (KS)
Alan Keil (HI)
Christian Mandahl (MT)
Richard Packer (ID)
Steven Paul (WI)
Richard Riley (IA)
Brian Adam Runk (PA)
Bradley Scruggs (CA)
Robert Spencer (FL)
Kip West (CO)
The drivers were included in docket
number FMCSA–2015–0323, FMCSA–
2017–0251, FMCSA–2018–0058,
FMCSA–2020–0052, or FMCSA–2021–
0026. Their exemptions were applicable
as of March 15, 2024 and will expire on
March 15, 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. 2024–08519 Filed 4–19–24; 8:45 am]
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