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###### Department of Transportation

###### Federal Motor Carrier Safety Administration

          - [Docket No. FMCSA-2023-0039]

# 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                               ( print page 89013)                            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 January 25, 2024.

# ADDRESSES:

You may submit comments identified by the Federal Docket Management System Docket No. FMCSA-2023-0039 using any of the following methods:
      -  Federal eRulemaking Portal:                          Go to                          www.regulations.gov/​,                          insert the docket number (FMCSA-2023-0039) 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, 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-2023-0039), 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 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-2023-0039.*                     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 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                     *www.regulations.gov.*                     Insert the docket number (FMCSA-2023-0039) 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-system-records-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 13 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 non-epileptic 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                           ( print page 89014)                        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

### Lennie Beaudoin

Lennie Beaudoin is a 48-year-old class D license holder in New Hampshire. They have a history of epilepsy and have been seizure free since 2019. They take anti-seizure medication with the dosage and frequency remaining the same since 2019. Their physician states that they are supportive of Lennie Beaudoin receiving an exemption.

### Joshua Braxton

Joshua Braxton is a 45-year-old class C license holder in Pennsylvania. They have a history of seizure disorder and have been seizure free since 2006. They take anti-seizure medication with the dosage and frequency remaining the same since September 2021. Their physician states that they are supportive of Joshua Braxton receiving an exemption.

### Robert A. Clark

Robert A. Clark is a 43-year-old class A commercial driver's license (CDL) holder in Indiana. They have a history of seizures and have been seizure free since January 2012. They take anti-seizure medication with the dosage and frequency remaining the same since 2012. Their physician states that they are supportive of Robert A. Clark receiving an exemption.

### Chad Clement

Chad Clement is a 58-year-old class D license holder in Wisconsin. They have a history of seizure disorder and have been seizure free since 2007. They take anti-seizure medication with the dosage and frequency remaining the same since March 2007. Their physician states that they are supportive of Chad Clement receiving an exemption.

### Michael Drent

Michael Drent is a 31-year-old class O license holder in Michigan. They have a history of seizure disorder and have been seizure free since 2015. They take anti-seizure medication with the dosage and frequency remaining the same since 2014. Their physician states that they are supportive of Michael Drent receiving an exemption.

### Curtis Alan Hartman

Curtis Alan Hartman is a 58-year-old class BM CDL holder in Maryland. They have a history of seizure disorder and have been seizure free since April 1997. They take anti-seizure medication with the dosage and frequency remaining the same since April 1997. Their physician states that they are supportive of Curtis Alan Hartman receiving an exemption.

### Ramon Hingosa

Ramon Hingosa is a 55-year-old class D license holder in Arizona. They have a history of generalized epilepsy and have been seizure free for over 10 years. They take anti-seizure medication with the dosage and frequency remaining the same since April 2016. Their physician states that they are supportive of Ramon Hingosa receiving an exemption.

### Thomas Johnston

Thomas Johnston is a 68-year-old class DM license holder in Wisconsin. They have a history of epilepsy and have been seizure free since September 2017. They take anti-seizure medication with the dosage and frequency remaining the same since January 2014. Their physician states that they are supportive of Thomas Johnston receiving an exemption.

### Douglas Kelbley

Douglas Kelbley is a 37-year-old class A CDL holder in Ohio. They have a history of complex partial seizures and have been seizure free since September 2015. They take anti-seizure medication with the dosage and frequency remaining the same since 2015. Their physician states that they are supportive of Douglas Kelbley receiving an exemption.

### Darren King

Darren King is a 57-year-old class C license holder in Pennsylvania. They have a history of seizure disorder and have been seizure free since 2001. They take anti-seizure medication with the dosage and frequency remaining the same since 2009. Their physician states that they are supportive of Darren King receiving an exemption.

### Eric Langford

Eric Langford is a 51-year-old class D license holder in Kentucky. They have a history of seizure disorder and have been seizure free since 2010. They take anti-seizure medication with the dosage and frequency remaining the same for over 10 years. Their physician states that they are supportive of Eric Langford receiving an exemption.

### Ronald Minor

Ronald Minor is a 56-year-old class A CDL holder in Illinois. They have a history of seizure disorder and have been seizure free since July 2000. They take anti-seizure medication with the dosage and frequency remaining the same since July 2018. Their physician states that they are supportive of Ronald Minor 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.

# Footnotes

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.*
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[FR Doc. 2023-28400 Filed 12-22-23; 8:45 am]

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