Federal Register / Vol. 89, No. 196 / Wednesday, October 9, 2024 / Notices 81983 

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. 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–2024–0027] 

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 11 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 November 8, 2024. 

ADDRESSES: You may submit comments 

identified by the Federal Docket 

Management System Docket No. 

FMCSA–2024–0027 using any of the 

following methods: 

• Federal eRulemaking Portal: Go to 

www.regulations.gov/, insert the docket 

number (FMCSA–2024–0027) 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–2024–0027), 

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-2024-0027. 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–2024–0027) 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 11 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. 


khammond on DSKJM1Z7X2PROD with NOTICES
81984 Federal Register / Vol. 89, No. 196 / Wednesday, October 9, 2024 / Notices 

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 

Ethan Abbott 

Ethan Abbott is a 22-year-old class C 

license holder in Pennsylvania. They 

have a history of provoked seizures and 

have been seizure free since November 

2015. They take anti-seizure medication 

with the dosage and frequency 

remaining the same since July 25, 2022. 

Their physician states that they are 

supportive of Ethan Abbott receiving an 

exemption. 

Blake Bourgeois 

Blake Bourgeois is a 40-year-old class 

A commercial driver’s license (CDL) 

holder in Louisiana. They have a history 

of epilepsy and have been seizure free 

since 2015. They take anti-seizure 

medication with the dosage and 

frequency remaining the same since 

March 2015. Their physician states that 

they are supportive of Blake Bourgeois 

receiving an exemption. 

Richard Henry 

Richard Henry is a 58-year-old class F 

license holder in Missouri. They have a 

history of epilepsy and have been 

seizure free since 2003. They take antiseizure medication with the dosage and 

frequency remaining the same since 

2014. Their physician states that they 

are supportive of Richard Henry 

receiving an exemption. 

Justin Knall 

Justin Knall is a 36-year-old class A 

CDL holder in Arkansas. They have a 

history of epilepsy and have been 

seizure free since February 2016. They 

take anti-seizure medication with the 

dosage and frequency remaining the 

same since March 14, 2022. Their 

physician states that they are supportive 

of Justin Knall receiving an exemption. 

Mark Merhalski 

Mark Merhalski is a 73-year-old class 

D license holder in Wisconsin. They 

have a history of epilepsy and have been 

seizure free since 2016. They take antiseizure medication with the dosage and 

frequency remaining the same since 

2016. Their physician states that they 

are supportive of Mark Merhalski 

receiving an exemption. 

Andrew Murphy 

Andrew Murphy is a 36-year-old class 

D license holder in New York. They 

have a history of seizure disorder and 

have been seizure free since January 

2010. They take anti-seizure medication 

with the dosage and frequency 

remaining the same since 2010. Their 

physician states that they are supportive 

of Andrew Murphy receiving an 

exemption. 

Scott Oehlschlaeger 

Scott Oehlschlaeger is a 53-year-old 

class A CDL holder in California. They 

have a history of epilepsy and have been 

seizure free since October of 1991. They 

take anti-seizure medication with the 

dosage and frequency remaining the 

same since 1992. Their physician states 

that they are supportive of Scott 

Oehlschlaeger receiving an exemption. 

Steven Outing 

Steven Outing is a 57-year-old class A 

CDL holder in North Carolina. They 

have a history of focal left temporal lobe 

epilepsy and have been seizure free 

since March 2013. They take antiseizure medication with the dosage and 

frequency remaining the same since 

March 2013. Their physician states that 

they are supportive of Steven Outing 

receiving an exemption. 

Kristopher Parker 

Kristopher Parker is a 37-year-old 

class R license holder in Mississippi. 

They have a history of seizure disorder 

and have been seizure free since 2009. 

They take anti-seizure medication with 

the dosage and frequency remaining the 

same since 2016. Their physician states 

that they are supportive of Kristopher 

Parker receiving an exemption. 

Nathaniel Price 

Nathaniel Price is a 35-year-old class 

D license holder in Ohio. They have a 

history of non-intractable epilepsy and 

have been seizure free since 2007. They 

take anti-seizure medication with the 

dosage and frequency remaining the 

same for over 20 years. Their physician 

states that they are supportive of 

Nathaniel Price receiving an exemption. 

Ashley Wagner 

Ashley Wagner is a 38-year-old class 

D license holder in Wisconsin. They 

have a history of generalized convulsive 

epilepsy and have been seizure free 

since 2003. They take anti-seizure 

medication with the dosage and 

frequency remaining the same since 

2013. Their physician states that they 

are supportive of Ashley Wagner 

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 


khammond on DSKJM1Z7X2PROD with NOTICES
Federal Register / Vol. 89, No. 196 / Wednesday, October 9, 2024 / Notices 81985 

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. 

business on the closing date indicated 

under the DATES section of the notice. 

Larry W. Minor, 

Associate Administrator for Policy. 

[FR Doc. 2024–23358 Filed 10–8–24; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–2015–0320; FMCSA– 

2017–0252; FMCSA–2017–0253; FMCSA– 

2022–0044] 

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 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: The exemptions were applicable 

on September 16, 2024. The exemptions 

expire on September 16, 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–2015–0320, FMCSA– 

2017–0252, FMCSA–2017–0253, or 

FMCSA–2022–0044) 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-systemrecords-notices, the comments are 

searchable by the name of the submitter. 

II. Background 

On August 30, 2024, FMCSA 

published a notice announcing its 

decision to renew exemptions for eight 

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 

70685). The public comment period 

ended on September 30, 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 eight 

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 September 16, 2024, and in 

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

31315(b), the following eight 

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 70685): 

Nathan Dermer (AK) 

Bradley Fullmer (UT) 

Cole Funk (PA) 

Joseph Hammond (OR) 

Anthony Kornuszko (PA) 

Michael Modica (FL) 

David Pamperin (WI) 

Dominick Sempervive (NJ) 

The drivers were included in docket 

number FMCSA–2015–0320, FMCSA– 

2017–0252, FMCSA–2017–0253, or 

FMCSA–2022–0044. Their exemptions 

were applicable as of September 16, 

2024 and will expire on September 16, 

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. 2024–23359 Filed 10–8–24; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Railroad Administration 

[Docket Number FRA–2019–0090] 

Petition for Extension of Waiver of 

Compliance 

Under part 211 of title 49 Code of 

Federal Regulations (CFR), this 

document provides the public notice 


khammond on DSKJM1Z7X2PROD with NOTICES