Federal Register / Vol. 88, No. 246 / Tuesday, December 26, 2023 / Notices 89009 

to operate a CMV in interstate 

commerce. 

III. Discussion of Comments 

FMCSA received no comments in this 

proceeding. 

IV. Basis for Exemption Determination 

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 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 Agency’s decision regarding these 

exemption applications is based on the 

2007 recommendations of the Agency’s 

Medical Expert Panel. The Agency 

conducted an individualized assessment 

of each applicant’s medical information, 

including the root cause of the 

respective seizure(s) and medical 

information about the applicant’s 

seizure history, the length of time that 

has elapsed since the individual’s last 

seizure, the stability of each individual’s 

treatment regimen and the duration of 

time on or off of anti-seizure 

medication. In addition, the Agency 

reviewed the treating clinician’s 

medical opinion related to the ability of 

the driver to safely operate a CMV with 

a history of seizure and each applicant’s 

driving record found in the Commercial 

Driver’s License Information System for 

commercial driver’s license (CDL) 

holders, and interstate and intrastate 

inspections recorded in the Motor 

Carrier Management Information 

System. For non-CDL holders, the 

Agency reviewed the driving records 

from the State Driver’s Licensing 

Agency. A summary of each applicant’s 

seizure history was discussed in the 

November 30, 2023, Federal Register 

notice (88 FR 74557) and will not be 

repeated in this notice. 

These 17 applicants have been 

seizure-free over a range of 29 years 

while taking anti-seizure medication 

and maintained a stable medication 

treatment regimen for the last 2 years. In 

each case, the applicant’s treating 

physician verified his or her seizure 

history and supports the ability to drive 

commercially. 

The Agency acknowledges the 

potential consequences of a driver 

experiencing a seizure while operating a 

CMV. However, the Agency believes the 

drivers granted this exemption have 

demonstrated that they are unlikely to 

have a seizure and their medical 

condition does not pose a risk to public 

safety. 

Consequently, FMCSA finds further 

that in each case exempting these 

applicants from the epilepsy and seizure 

disorder prohibition in § 391.41(b)(8) 

would likely achieve a level of safety 

equal to that existing without the 

exemption, consistent with the 

applicable standard in 49 U.S.C. 

31315(b)(1). 

V. Conditions and Requirements 

The terms and conditions of the 

exemption are provided to the 

applicants in the exemption document 

and include the following: (1) each 

driver must remain seizure-free and 

maintain a stable treatment during the 

2-year exemption period; (2) each driver 

must submit annual reports from their 

treating physicians attesting to the 

stability of treatment and that the driver 

has remained seizure-free; (3) each 

driver must undergo an annual medical 

examination by a certified ME, as 

defined by § 390.5T; and (4) each driver 

must provide a copy of the annual 

medical certification to the employer for 

retention in the driver’s qualification 

file, or keep a copy of his/her driver’s 

qualification file if he/she is selfemployed. The driver must also have a 

copy of the exemption when driving, for 

presentation to a duly authorized 

Federal, State, or local enforcement 

official. 

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 upon its evaluation of the 17 

exemption applications, FMCSA 

exempts the following drivers from the 

epilepsy and seizure disorder 

prohibition in § 391.41(b)(8), subject to 

the requirements cited above: 

James Byrd (TN) 

Francis Chiacchieri (MA) 

Lane Freeman (FL) 

Jeffrey Gomall (MN) 

Christine Green-McClure (NY) 

Nicholas Hayes (VA) 

Alex Hohman (PA) 

Michelle Hughes (NC) 

Michael Keys (PA) 

Matthew Lee (GA) 

Lisa Martin (NY) 

Pedro Martinez (TX) 

Cecil Massey (MS) 

James Phillips (NC) 

Joshua Pike (ME) 

Alex Ramerth (MN) 

Maciej Skrzyniarz (IL) 

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. 2023–28402 Filed 12–22–23; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–2023–0040] 

Qualification of Drivers; Exemption 

Applications; Epilepsy and Seizure 

Disorders 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), Department 

of Transportation (DOT). 

ACTION: Notice of denials. 

SUMMARY: FMCSA announces its 

decision to deny applications from 26 

individuals who requested an 

exemption from the Federal Motor 

Carrier Safety Regulations (FMCSRs) 

prohibiting 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 

operate a commercial motor vehicle 

(CMV) from operating CMVs in 

interstate commerce. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Christine A. Hydock, Chief, Medical 

Programs Division, FMCSA, Department 

of Transportation, 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 material in 

the docket, contact Dockets Operations, 

(202) 366–9826. 

SUPPLEMENTARY INFORMATION: 

I. Public Participation 

A. Comments 

To view comments go to 

www.regulations.gov. Insert the docket 


khammond on DSKJM1Z7X2PROD with NOTICES
89010 Federal Register / Vol. 88, No. 246 / Tuesday, December 26, 2023 / Notices 

number (FMCSA–2023–0040) 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. 

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-systemrecords-notices, the comments are 

searchable by the name of the submitter. 

II. Background 

FMCSA received applications from 26 

individuals who requested an 

exemption from the FMCSRs 

prohibiting 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 

operate a CMV from operating CMVs in 

interstate commerce. 

FMCSA has evaluated the eligibility 

of these applicants and concluded that 

granting these exemptions would not 

provide a level of safety that would be 

equivalent to, or greater than, the level 

of safety that would be obtained by 

complying with § 391.41(b)(8). 

III. Basis for Exemption Determination 

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 

statute also allows 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 Agency’s decision 

regarding these exemption applications 

is based on the eligibility criteria, the 

terms and conditions for Federal 

exemptions, and an individualized 

assessment of each applicant’s medical 

information provided by the applicant. 

IV. Conclusion 

The Agency has determined that these 

applicants do not satisfy the eligibility 

criteria or meet the terms and 

conditions of the Federal exemption and 

granting these exemptions would not 

provide a level of safety that would be 

equivalent to, or greater than, the level 

of safety that would be obtained by 

complying with § 391.41(b)(8). 

Therefore, the 26 applicants in this 

notice have been denied exemptions 

from the physical qualification 

standards in § 391.41(b)(8). 

Each applicant has, prior to this 

notice, received a letter of final 

disposition regarding his/her exemption 

request. Those decision letters fully 

outlined the basis for the denial and 

constitute final action by the Agency. 

This notice summarizes the Agency’s 

recent denials as required under 49 

U.S.C. 31315(b)(4) by periodically 

publishing names and reasons for 

denial. 

The following 26 applicants do not 

meet the minimum time requirement for 

being seizure-free, either on or off of 

anti-seizure medication: 

Daniel Ashley (MD) 

Joseph Bodle (CA) 

Milverton Burton (FL) 

Joe Celedonia (MD) 

Cannon Fowler (AL) 

Brian Hagen (MN) 

Tomrone Harris (PA) 

Andre Hartig (ME) 

Dylan Hill (KS) 

Jacob Johnstone (WI) 

Regan Keller (NH) 

Richard Kelley (IL) 

Jeramie Kozlowski (PA) 

Adam Martin (IN) 

Dawn McGann (WA) 

Jaysen Meidell (IL) 

Douglas Pelton (OH) 

Kevin Pustelak (PA) 

Nicholas Quairoli (FL) 

Jesus Reyna (IL) 

Jennifer Roberts (NM) 

Quac’era Schaffer (NC) 

Paritpal Singh (CA) 

Kristina Walters (IN) 

Trevor Ward (CO) 

Penny Witteman (OH) 

Larry W. Minor, 

Associate Administrator for Policy. 

[FR Doc. 2023–28397 Filed 12–22–23; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–2018–0304; FMCSA– 

2019–0048; FMCSA–2019–0128] 

California and Washington Meal and 

Rest Break Rules; Petitions for Waiver 

of Preemption Determinations 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), Department 

of Transportation (DOT). 

ACTION: Notice of petitions for waiver of 

preemption determinations; request for 

comments. 

SUMMARY: FMCSA requests comments 

on petitions requesting waivers of the 

Agency’s December 21, 2018 and 

January 13, 2020 decisions preempting 

the State of California’s Meal and Rest 

Break (MRB) rules for certain drivers of 

property- and passenger-carrying 

commercial motor vehicles (CMVs) and 

its November 17, 2020 decision 

preempting the State of Washington’s 

MRB rules for certain drivers of 

property-carrying CMVs. Waiver 

petitions were filed by the International 

Brotherhood of Teamsters; the Truck 

Safety Coalition, Citizens for Reliable 

and Safe Highways and Parents Against 

Tired Truckers; William B. Trescott; and 

the State of California. 

DATES: Comments must be received on 

or before February 26, 2024. 

ADDRESSES: You may submit comments 

to the Federal Docket Management 

System Docket No. FMCSA–2018–0304, 

Docket No. FMCSA–2019–0048, and/or 

Docket FMCSA–2019–0128 using any of 

the following methods: 

• Federal eRulemaking Portal: Go to 

www.regulations.gov/, insert the docket 

number, FMCSA–2018–0304, docket 

number FMCSA–2019–0048, or docket 

FMCSA–2019–0128 in the keyword box, 

and click ‘‘Search.’’ Follow the online 

instructions for submitting a comment. 

• Mail: Dockets Operations, U.S. 

Department of Transportation, 1200 

New Jersey Avenue SE, West Building 

Ground Floor, Washington, DC 20590– 

0001. 

• Hand Delivery or Courier: Dockets 

Operations, West Building, Ground 

Floor, 1200 New Jersey Avenue SE, 

Washington, DC, 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. 

• Fax: (202) 493–2251. 

To avoid duplication, please use only 

one of these four methods. 


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