62884 Federal Register / Vol. 88, No. 176 / Wednesday, September 13, 2023 / Notices 

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 

requests. 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-systemrecords-notices, the comments are 

searchable by the name of the submitter. 

II. Background 

On August 3, 2023, FMCSA published 

a notice announcing its decision to 

renew exemptions for seven individuals 

from the hearing standard in 49 CFR 

391.41(b)(11) to operate a CMV in 

interstate commerce and requested 

comments from the public (88 FR 

51392). The public comment period 

ended on September 5, 2023, 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)(11). 

The physical qualification standard 

for drivers regarding hearing found in 

§ 391.41(b)(11) states that a person is 

physically qualified to drive a CMV if 

that person first perceives a forced 

whispered voice in the better ear at not 

less than 5 feet with or without the use 

of a hearing aid or, if tested by use of 

an audiometric device, does not have an 

average hearing loss in the better ear 

greater than 40 decibels at 500 Hz, 1,000 

Hz, and 2,000 Hz with or without a 

hearing aid when the audiometric 

device is calibrated to American 

National Standard (formerly ASA 

Standard) Z24.5—1951. 

This standard was adopted in 1970 

and was revised in 1971 to allow drivers 

to be qualified under this standard 

while wearing a hearing aid (35 FR 

6458, 6463 (Apr. 22, 1970) and 36 FR 

12857 (July 8, 1971), respectively). 

III. Discussion of Comments 

FMCSA received no comments in this 

proceeding. 

IV. Conclusion 

Based upon its evaluation of the seven 

renewal exemption applications, 

FMCSA announces its decision to 

exempt the following drivers from the 

hearing requirement in § 391.41 (b)(11). 

As of August 13, 2023, 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 hearing requirement in the 

FMCSRs for interstate CMV drivers (88 

FR 51393): 

Jason Clark (MO) 

Timothy Finley (CA) 

William Jones (MN) 

David Presley (TX) 

Michael Smith (CO) 

Donald Taylor (NC) 

Holly Wright, Jr. (NC) 

The drivers were included in docket 

numbers FMCSA–2012–0154, FMCSA– 

2013–0124, FMCSA–2014–0385, 

FMCSA–2016–0002, FMCSA–2018– 

0138, or FMCSA–2020–0027. Their 

exemptions were applicable as of 

August 13, 2023 and will expire on 

August 13, 2025. 

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, 49 

U.S.C. chapter 313, or the FMCSRs. 

Larry W. Minor, 

Associate Administrator for Policy. 

[FR Doc. 2023–19753 Filed 9–12–23; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–2023–0036] 

Qualification of Drivers; Exemption 

Applications; Epilepsy and Seizure 

Disorders 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), Department 

of Transportation (DOT). 

ACTION: Notice of applications for 

exemption; request for comments. 

SUMMARY: FMCSA announces receipt of 

applications from 12 individuals for an 

exemption from the prohibition in the 

Federal Motor Carrier Safety 

Regulations (FMCSRs) against 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 control a commercial motor 

vehicle (CMV) to drive in interstate 

commerce. If granted, the exemptions 

would enable these individuals who 

have had one or more seizures and are 

taking anti-seizure medication to 

operate CMVs in interstate commerce. 

DATES: Comments must be received on 

or before October 13, 2023. 

ADDRESSES: You may submit comments 

identified by the Federal Docket 

Management System Docket No. 

FMCSA–2023–0036 using any of the 

following methods: 

• Federal eRulemaking Portal: Go to 

www.regulations.gov/, insert the docket 

number (FMCSA–2023–0036) in the 

keyword box and click ‘‘Search.’’ Next, 

choose the only notice listed, and click 

on the ‘‘Comment’’ button. Follow the 

online instructions for submitting 

comments. 

• Mail: Dockets Operations; U.S. 

Department of Transportation, 1200 

New Jersey Avenue SE, West Building 

Ground Floor, Washington, DC 20590– 

0001. 

• 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. 

• 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, Room W64–224, 

Washington, DC 20590–0001, (202) 366– 

4001, fmcsamedical@dot.gov. Office 

hours are 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–2023–0036), 

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 comments and 


ddrumheller on DSK120RN23PROD with NOTICES1
Federal Register / Vol. 88, No. 176 / Wednesday, September 13, 2023 / Notices 62885 

1These 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. 

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 

https://www.regulations.gov/docket/ 

FMCSA-2023-0036/document. Next, 

choose the only 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 81⁄2 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 

www.regulations.gov. Insert the docket 

number (FMCSA–2023–0036) in the 

keyword box and click ‘‘Search.’’ Next, 

choose the only 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 

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-systemrecords-notices, 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. 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 12 individuals listed in this 

notice have requested an exemption 

from the epilepsy and seizure disorders 

prohibition in 49 CFR 391.41(b)(8). 

Accordingly, the Agency will evaluate 

the qualifications of each applicant to 

determine whether granting the 

exemption will achieve the required 

level of safety mandated by statute. 

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 (MEs) in 

determining whether drivers with 

certain medical conditions are qualified 

to operate a CMV in interstate 

commerce. 

The criteria states that if an individual 

has had a sudden episode of a nonepileptic seizure or loss of 

consciousness of unknown cause that 

did not require anti-seizure medication, 

the decision whether that person’s 

condition is likely to cause the loss of 

consciousness or loss of ability to 

control a CMV should be made on an 

individual basis by the ME in 

consultation with the treating physician. 

Before certification is considered, it is 

suggested that a 6-month waiting period 

elapse from the time of the episode. 

Following the waiting period, it is 

suggested that the individual have a 

complete neurological examination. If 

the results of the examination are 

negative and anti-seizure medication is 

not required, then the driver may be 

qualified. 

In those individual cases where a 

driver has had a seizure or an episode 

of loss of consciousness that resulted 

from a known medical condition (e.g., 

drug reaction, high temperature, acute 

infectious disease, dehydration, or acute 

metabolic disturbance), certification 

should be deferred until the driver has 

recovered fully from that condition, has 

no existing residual complications, and 

is not taking anti-seizure medication. 

Drivers who have a history of 

epilepsy/seizures, off anti-seizure 

medication, and seizure-free for 10 

years, may be qualified to operate a 

CMV in interstate commerce. Interstate 

drivers with a history of a single 

unprovoked seizure may be qualified to 

drive a CMV in interstate commerce if 

seizure-free and off anti-seizure 

medication for a 5-year period or more. 

As a result of MEs misinterpreting 

advisory criteria as regulation, 

numerous drivers have been prohibited 

from operating a CMV in interstate 

commerce based on the fact that they 

have had one or more seizures and are 

taking anti-seizure medication, rather 

than an individual analysis of their 

circumstances by a qualified ME based 

on the physical qualification standards 

and medical best practices. 

On January 15, 2013, FMCSA 

announced in a notice of final 

disposition titled, ‘‘Qualification of 

Drivers; Exemption Applications; 

Epilepsy and Seizure Disorders,’’ (78 FR 

3069), its decision to grant requests from 

22 individuals for exemptions from the 

regulatory requirement that interstate 

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.’’ 

Since that time, the Agency has 

published additional notices granting 

requests from individuals for 

exemptions from the regulatory 

requirement regarding epilepsy found in 

§ 391.41(b)(8). 

To be considered for an exemption 

from the epilepsy and seizure disorders 

prohibition in § 391.41(b)(8), applicants 

must meet the criteria in the 2007 

recommendations of the Agency’s 

Medical Expert Panel (78 FR 3069). 

III. Qualifications of Applicants 

Colton Braun 

Colton Braun is a 27-year-old class 

DM license holder in Illinois. They have 

a history of epilepsy and have been 

seizure free since February 2014. They 

take anti-seizure medication with the 

dosage and frequency remaining the 

same since 2013. Their physician states 

that they are supportive of Colton Braun 

receiving an exemption. 

Adam Brunson 

Adam Brunson is a 50-year-old class 

AM commercial driver’s license (CDL) 

holder in Alabama. They have a history 

of seizure disorder and have been 

seizure free since 2010. They take antiVerDate Sep<11>2014 17:37 Sep 12, 2023 Jkt 259001 PO 00000 Frm 00116 Fmt 4703 Sfmt 4703 E:\FR\FM\13SEN1.SGM 13SEN1

ddrumheller on DSK120RN23PROD with NOTICES1
62886 Federal Register / Vol. 88, No. 176 / Wednesday, September 13, 2023 / Notices 

seizure medication with the dosage and 

frequency remaining the same since 

2021. Their physician states that they 

are supportive of Adam Brunson 

receiving an exemption. 

Alan Glinsmann 

Alan Glinsmann is a 65-year-old class 

AM CDL holder in Kansas. They have a 

history of post traumatic seizures and 

have been seizure free since January 

1981. They take anti-seizure medication 

with the dosage and frequency 

remaining the same since 1983. Their 

physician states that they are supportive 

of Alan Glinsmann receiving an 

exemption. 

Alex Hunter 

Alex Hunter is a 61-year-old class 1 

license holder in South Dakota. They 

have a history of generalized idiopathic 

epilepsy and have been seizure free 

since January 2015. They take antiseizure medication with the dosage and 

frequency remaining the same since 

2018. Their physician states that they 

are supportive of Alex Hunter receiving 

an exemption. 

Kyle Jones 

Kyle Jones is a 54-year-old class A 

CDL holder in Indiana. They have a 

history of seizure disorder and have 

been seizure free since 2012. They have 

not taken anti-seizure medication since 

2014. Their physician states that they 

are supportive of Kyle Jones receiving 

an exemption. 

Ryan McKnelly 

Ryan McKnelly is a 45-year-old class 

A CDL holder in South Dakota. They 

have a history of generalized idiopathic 

epilepsy and have been seizure free 

since 2001. They take anti-seizure 

medication with the dosage and 

frequency remaining the same since 

2003. Their physician states that they 

are supportive of Ryan McKnelly 

receiving an exemption. 

Alfonso V. Mendoza 

Alfonso V. Mendoza is a 33-year-old 

class C license holder in California. 

They have a history of seizure disorder 

and have been seizure free since 

December 2008. They take anti-seizure 

medication with the dosage and 

frequency remaining the same since 

2008. Their physician states that they 

are supportive of Alfonso V. Mendoza 

receiving an exemption. 

Jerrid Pace 

Jerrid Pace is a 33-year-old class A 

CDL holder in Tennessee. They have a 

history of complex partial seizure and 

have been seizure free since 2015. They 

take anti-seizure medication with the 

dosage and frequency remaining the 

same since 2013. Their physician states 

that they are supportive of Jerrid Pace 

receiving an exemption. 

Elsa Santo 

Elsa Santo is a 62-year-old class B 

license holder in New Jersey. They have 

a history of epilepsy and have been 

seizure free since May 2015. They take 

anti-seizure medication with the dosage 

and frequency remaining the same since 

November 2015. Their physician states 

that they are supportive of Elsa Santo 

receiving an exemption. 

Brandon Schindele 

Brandon Schindele is a 39-year-old 

class D license holder in Minnesota. 

They have a history of seizure disorder 

and have been seizure free since 1995. 

They take anti-seizure medication with 

the dosage and frequency remaining the 

same since 1993. Their physician states 

that they are supportive of Brandon 

Schindele receiving an exemption. 

Travis Stevens 

Travis Stevens is a 33-year-old class 0 

license holder in Michigan. They have 

a history of grand mal epilepsy and have 

been seizure free since August 2008. 

They take anti-seizure medication with 

the dosage and frequency remaining the 

same since August 2013. Their 

physician states that they are supportive 

of Travis Stevens receiving an 

exemption. 

Brad Wetli 

Brad Wetli is a 44-year-old class A 

CDL holder in Indiana. They have a 

history of seizure disorder and have 

been seizure free since 1997. They take 

anti-seizure medication with the dosage 

and frequency remaining the same since 

1997. Their physician states that they 

are supportive of Brad Wetli receiving 

an exemption. 

IV. Request for Comments 

In accordance with 49 U.S.C. 31136(e) 

and 31315(b), FMCSA requests public 

comment from all interested persons on 

the exemption petitions described in 

this notice. We will consider all 

comments received before the close of 

business on the closing date indicated 

under the DATES section of the notice. 

Larry W. Minor, 

Associate Administrator for Policy. 

[FR Doc. 2023–19754 Filed 9–12–23; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

National Highway Traffic Safety 

Administration 

Petition for Exemption From the 

Federal Motor Vehicle Theft Prevention 

Standard; Nissan North America, Inc. 

AGENCY: National Highway Traffic 

Safety Administration (NHTSA), 

Department of Transportation (DOT). 

ACTION: Grant of petition for exemption. 

SUMMARY: This document grants in full 

the Nissan North America, Inc.’s 

(Nissan) petition for exemption from the 

Federal Motor Vehicle Theft Prevention 

Standard (theft prevention standard) for 

its Z vehicle line beginning in model 

year (MY) 2024. The petition is granted 

because the agency has determined that 

the antitheft device to be placed on the 

line as standard equipment is likely to 

be as effective in reducing and deterring 

motor vehicle theft as compliance with 

the parts-marking requirements of the 

theft prevention standard. Nissan also 

requested confidential treatment for 

specific information in its petition. 

Therefore, no confidential information 

provided for purposes of this notice has 

been disclosed. 

DATES: The exemption granted by this 

notice is effective beginning with the 

2024 model year. 

FOR FURTHER INFORMATION CONTACT: 

Carlita Ballard, Office of International 

Policy, Fuel Economy, and Consumer 

Programs, NHTSA, West Building, 

W43–439, NRM–310, 1200 New Jersey 

Avenue SE, Washington, DC 20590. Ms. 

Ballard’s phone number is (202) 366– 

5222. Her fax number is (202) 493–2990. 

SUPPLEMENTARY INFORMATION: Under 49 

U.S.C. chapter 331, the Secretary of 

Transportation (and the National 

Highway Traffic Safety Administration 

(NHTSA) by delegation) is required to 

promulgate a theft prevention standard 

to provide for the identification of 

certain motor vehicles and their major 

replacement parts to impede motor 

vehicle theft. NHTSA promulgated 

regulations at 49 CFR part 541 (theft 

prevention standard) to require partsmarking for specified passenger motor 

vehicles and light trucks. Pursuant to 49 

U.S.C. 33106, manufacturers that are 

subject to the parts-marking 

requirements may petition the Secretary 

of Transportation for an exemption for 

a line of passenger motor vehicles 

equipped with an antitheft device as 

standard equipment that the Secretary 

decides is likely to be as effective in 

reducing and deterring motor vehicle 

theft as compliance with the partsmarking requirements. In accordance 


ddrumheller on DSK120RN23PROD with NOTICES1