81 FR 28131 - Qualification of Drivers; Exemption Applications; Epilepsy and Seizure Disorders
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration Federal Register Volume 81, Issue 89 (May 9, 2016)
Federal Motor Carrier Safety Administration
Federal Register Volume 81, Issue 89 (May 9, 2016)
| Page Range | 28131-28134 | |
| FR Document | 2016-10795 |
[Federal Register Volume 81, Number 89 (Monday, May 9, 2016)] [Notices] [Pages 28131-28134] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-10795] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA-2015-0322] 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 exemptions; request for comments. ----------------------------------------------------------------------- SUMMARY: FMCSA announces receipt of applications from 27 individuals for an exemption from the prohibition 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 operate a commercial motor vehicle (CMV) in interstate commerce. If granted, the exemptions would enable these [[Page 28132]] individuals who have had one or more seizures and are taking anti- seizure medication to operate CMVs for up to 2 years in interstate commerce. DATES: Comments must be received on or before June 8, 2016. ADDRESSES: You may submit comments bearing the Federal Docket Management System (FDMS) Docket No. FMCSA-2015-0322 using any of the following methods:Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the on-line instructions for submitting comments. Mail: Docket Management Facility; U.S. Department of Transportation, 1200 New Jersey Avenue SE., West Building Ground Floor, Room W12-140, Washington, DC 20590-0001. Hand Delivery: West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal Holidays. Fax: 1-202-493-2251. Instructions: Each submission must include the Agency name and the docket numbers for this notice. Note that all comments received will be posted without change to http://www.regulations.gov, including any personal information provided. Please see the Privacy Act heading below for further information. Docket: For access to the docket to read background documents or comments, go to http://www.regulations.gov at any time or Room W12-140 on the ground level of the West Building, 1200 New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The Federal Docket Management System (FDMS) is available 24 hours each day, 365 days each year. If you want acknowledgment that we received your comments, please include a self- addressed, stamped envelope or postcard or print the acknowledgement page that appears after submitting comments on-line. Privacy Act: In accordance with 5 U.S.C. 553(c), DOT solicits comments from the public to better inform its rulemaking process. DOT posts these comments, without edit, including any personal information the commenter provides, to http://www.regulations.gov as described in the system records notice (DOT/ALL-14 FDMS), which can be reviewed at http://www.dot.gov/privacy. FOR FURTHER INFORMATION CONTACT: Christine A. Hydock, Chief, Medical Programs Division, (202) 366-4001, or via email at [email protected], or by letter to FMCSA, Room W64-113, Department of Transportation, 1200 New Jersey Avenue SE., Washington, DC 20590- 0001. Office hours are from 8:30 a.m. to 5 p.m., Monday through Friday, except Federal holidays. SUPPLEMENTARY INFORMATION: I. Background Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption for up to a 2-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 2-year period. The 27 individuals listed in this notice have requested an exemption from the epilepsy prohibition in 49 CFR 391.41(b)(8), which applies to drivers who operate CMVs in interstate commerce. 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 49 CFR 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 to assist medical examiners in determining whether drivers with certain medical conditions are qualified to operate a CMV in interstate commerce. The advisory criteria found in Appendix A to 49 CFR 391.41, 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 medical examiner 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 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 medical examiners 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 medical examiner based on the physical qualification standards and medical best practices. II. Qualifications of Applicants Hamilton Barnard Mr. Barnard is a 38 year-old driver in California. He has a history of a seizure disorder and has remained seizure free since 2005. He takes anti-seizure medication with the dosage and frequency remaining the same since that time. His physician states that he is supportive of Mr. Barnard receiving an exemption. William E. Beaver Mr. Beaver is a 50 year-old class A CDL holder in Minnesota. He has a history of a single seizure in January 2015, likely secondary to cyclosporine use and posterior reversible encephalopathy syndrome. He discontinued taking anti-seizure in May 2015. His physician states that he is supportive of Mr. Beaver receiving an exemption. Paul V. Carlson Mr. Carlson is a 38 year-old driver in Minnesota. He has a history of a single seizure following brain surgery for treatment of an obstructive hydrocephalus ventricular colloid cyst in 2015. He takes anti-seizure medication with the dosage and frequency remaining the same since that time. His physician states that he is supportive of Mr. Carlson receiving an exemption. Edward J. Carder Jr. Mr. Carder is a 37 year-old driver in Ohio. He has a history of a single seizure in 2010. He takes anti-seizure medication with the dosage and [[Page 28133]] frequency remaining the same since that time. His physician states that he is supportive of Mr. Carder receiving an exemption. Timothy M. Crampton Mr. Crampton is a 24 year-old driver in Connecticut. He has a history of epilepsy and has remained seizure free since 2002. He takes anti-seizure medication with the dosage and frequency remaining the same since that time. His physician states that he is supportive of Mr. Crampton receiving an exemption. Henry Dennis Counts Jr. Mr. Counts is a 39 year-old driver in Maryland. He has a history of a seizure disorder and has remained seizure free since 2003. He takes anti-seizure medication with the dosage and frequency remaining the same since 2006. His physician states that he is supportive of Mr. Counts receiving an exemption. Tommy Joe Cox Mr. Cox is a 53 year-old class B CDL holder in Kentucky. He has a history of epilepsy and has remained seizure free since 2014. He takes anti-seizure medication with the dosage and frequency remaining the same since that time. His physician states that he is supportive of Mr. Cox receiving an exemption. Michael D. Davis Mr. Davis is a 47 year-old class A CDL holder in Maine. He has a history of a seizure disorder and has remained seizure free since 1998. He takes anti-seizure medication with the dosage and frequency remaining the same since 2002. His physician states that he is supportive of Mr. Davis receiving an exemption. William Garvin Mr. Garvin is a 38 year-old driver in New Hampshire. He has a history of a seizure in 2015. He takes anti-seizure medication with the dosage and frequency remaining the same since that time. His physician states that she is supportive of Mr. Garvin receiving an exemption. Charlie E. Getchell Mr. Getchell is a 57 year-old class B CDL holder in Wisconsin. He has a history of a single seizure and has remained seizure free since 1986. He takes anti-seizure medication with the dosage and frequency remaining the same since that time. His physician states that he is supportive of Mr. Getchell receiving an exemption. Dennis R. Giles Mr. Giles is a 56 year-old class B CDL holder in Indiana. He has a history of a single seizure in 2010 and has remained seizure free since that time. He takes anti-seizure medication with the dosage and frequency remaining the same since that time. His physician states that he is supportive of Mr. Giles receiving an exemption. Jeremiah Gonzales Mr. Gonzales is a 34 year-old class A CDL holder in Colorado. He has a history of a seizure disorder and has remained seizure free since 2009. He takes anti-seizure medication with the dosage and frequency remaining the same since 2013. His physician states that he is supportive of Mr. Gonzales receiving an exemption. Robert W. Goddard Mr. Goddard is a 53 year-old class B CDL holder in New Hampshire. He has a history of a seizure disorder and has remained seizure free since 2006. He takes anti-seizure medication with the dosage and frequency remaining the same since 2013. His physician states that he is supportive of Mr. Goddard receiving an exemption. Roderick L. Haslip Mr. Haslip is a 54 year-old class A CDL holder in New York. He has a history of a seizure disorder and has remained seizure free since 2010. He takes anti-seizure medication with the dosage and frequency remaining the same since that time. His physician states that he is supportive of Mr. Haslip receiving an exemption. Larry G. Hediger Mr. Hediger is a 59 year-old class A CDL holder in Illinois. He has a history of epilepsy and has remained seizure free since 2004. He takes anti-seizure medication with the dosage and frequency remaining the same since 2006. His physician states that he is supportive of Mr. Hediger receiving an exemption. Martin Lancaster Mr. Lancaster is a 51 year-old driver in Maine. He has a history of a seizure disorder and has remained seizure free since 2001. He takes anti-seizure medication with the dosage and frequency remaining the same since that time. His physician states that he is supportive of Mr. Lancaster receiving an exemption. Philip A. Logan Mr. Logan is a 35 year-old driver in South Carolina. He has a history of a seizure disorder and has remained seizure free since 1998. He takes anti-seizure medication with the dosage and frequency remaining the same since that time. His physician states that he is supportive of Mr. Logan receiving an exemption. Eric J. McVetty Mr. McVetty is a 29 year-old class B CDL holder in New Hampshire. He has a history of a seizure disorder and has remained seizure free since 2005. He takes anti-seizure medication with the dosage and frequency remaining the same since that time. His physician states that he is supportive of Mr. McVetty receiving an exemption. Doug William Outfleet Mr. Outfleet is a 55 year-old driver in California. He has a history of a seizure disorder and has remained seizure free since 2010. He takes anti-seizure medication with the dosage and frequency remaining the same since that time. His physician states that he is supportive of Mr. Outfleet receiving an exemption. David J. Parris Mr. Parris is a 22 year-old driver in Illinois. He has a history of a seizure disorder and has remained seizure free since 2012. He takes anti-seizure medication with the dosage and frequency remaining the same since that time. His physician states that he is supportive of Mr. Parris receiving an exemption. Donald John Richmond Mr. Richmond is a 63 year-old driver in South Carolina. He has a history of a seizure disorder and has remained seizure free since 1980. He takes anti-seizure medication with the dosage and frequency remaining the same since 2001. His physician states that he is supportive of Mr. Richmond receiving an exemption. Shawn E. Sands Mr. Sands is a 32 year-old driver in Illinois. He has a history of epilepsy and has remained seizure free since 2009. He takes anti- seizure medication with the dosage and frequency remaining the same since that time. His physician states that he is supportive of Mr. Sands receiving an exemption. Robert B.Skinner Mr. Skinner is a 43 year-old driver in Ohio. He has a history of a brain tumor and has remained seizure free since 2007. He takes anti- seizure medication with the dosage and frequency remaining the same since that time. His [[Page 28134]] physician states that he is supportive of Mr. Skinner receiving an exemption. Shaen Smith Mr. Smith is a 47 year-old driver in Minnesota. He has a history of epilepsy and has remained seizure free since 1998. He takes anti- seizure medication with the dosage and frequency remaining the same since 2013. His physician states that he is supportive of Mr. Smith receiving an exemption. Kevin Lee Sprinkle Mr. Sprinkle is a 35 year-old class A CDL holder in North Carolina. He has a history of juvenile epilepsy and has remained seizure free since 2005. He takes anti-seizure medication with the dosage and frequency remaining the same since that time. His physician states that he is supportive of Mr. Sprinkle receiving an exemption. Patrick Trimbo Mr. Trimbo is a 53 year-old class A CDL holder in Minnesota. He has a history of a seizure disorder and has remained seizure free since 1996. He takes anti-seizure medication with the dosage and frequency remaining the same since 2008. His physician states that he is supportive of Mr. Trimbo receiving an exemption. Alan Washabaugh Mr. Washabaugh is a 57 year-old class A CDL holder in Pennsylvania. He has a history of a seizure disorder and has remained seizure free since 1996. He takes anti-seizure medication with the dosage and frequency remaining the same since that time. His physician states that he is supportive of Mr. Washabaugh receiving an exemption. III. Request for Comments In accordance with 49 U.S.C. 31136(e) and 31315, 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 in the date section of the notice. IV. Submitting Comments 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 http://www.regulations.gov and in the search box insert the docket number ``FMCSA-2015-0322'' and click the search button. When the new screen appears, click on the blue ``Comment Now!'' button on the right hand side of the page. On the new page, enter information required including the specific section of this document to which each comment applies, and provide a reason for each suggestion or recommendation. 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. If you submit comments by mail and would like to know that they reached the facility, please enclose a stamped, self-addressed postcard or envelope. We will consider all comments and materials received during the comment period. FMCSA may issue a final determination any time after the close of the comment period. V. Viewing Comments and Documents To view comments, as well as any documents mentioned in this preamble, go to http://www.regulations.gov and in the search box insert the docket number FMCSA-2015-0322 and click ``Search.'' Next, click ``Open Docket Folder'' and you will find all documents and comments related to this notice. Issued on: April 29, 2016. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2016-10795 Filed 5-6-16; 8:45 am] BILLING CODE 4910-EX-P
![Federal Register / Vol. 81, No. 89 / Monday, May 9, 2016 / Notices 28131
consciousness that resulted from a known would be achieved without the copy of the exemption when driving, for
medical condition (e.g., drug reaction, high exemption. The exemption allows the presentation to a duly authorized
temperature, acute infectious disease, applicants to operate CMVs in interstate Federal, State, or local enforcement
dehydration, or acute metabolic disturbance), commerce. official.
certification should be deferred until the The Agency’s decision regarding these
driver has recovered fully from that
exemption applications is based on an VI. Conclusion
condition, has no existing residual
complications, and is not taking anti-seizure individualized assessment of each Based upon its evaluation of the nine
medication. applicant’s medical information, exemption applications, FMCSA
Drivers who have a history of epilepsy/ including the root cause of the exempts the following drivers from the
seizures, off anti-seizure medication and respective seizure(s) and medical epilepsy/seizure standard in 49 CFR
seizure-free for 10 years, may be qualified to information about the applicant’s 391.41(b)(8), subject to the requirements
operate a CMV in interstate commerce. seizure history, the length of time that cited above: Kenneth Lee Brown (WY),
Interstate drivers with a history of a single has elapsed since the individual’s last Douglas Ray Burkhardt (SD); Curtis
unprovoked seizure may be qualified to drive seizure, the stability of each individual’s Alan Hartman (MD); Wendell Frank
a CMV in interstate commerce if seizure-free treatment regimen and the duration of Headley, Jr. (MO); Gregory L. Hrutkay
and off anti-seizure medication for a 5-year (PA); Michael William Ketchum, Sr.
period or more.
time on or off of anti-seizure
medication. In addition, the Agency (MI); Marion Franklin Legg, Jr. (MD);
As a result of medical examiners reviewed the treating clinician’s Alvin Clarence Strite (PA); and Thomas
misinterpreting advisory criteria as medical opinion related to the ability of B. Vivirito (PA).
regulation, numerous drivers have been the driver to safely operate a CMV with In accordance with 49 U.S.C.
prohibited from operating a CMV in a history of seizure and each applicant’s 31315(b)(1), each exemption is valid for
interstate commerce based on the fact driving record found in the Commercial 2 years, unless revoked earlier by
that they have had one or more seizures Driver’s License Information System FMCSA. The exemption will be revoked
and are taking anti-seizure medication, (CDLIS) for commercial driver’s license if the following occurs: (1) The
rather than an individual analysis of (CDL) holders, and interstate and individual fails to comply with the
their circumstances by a qualified intrastate inspections recorded in the terms and conditions of the exemption;
medical examiner based on the physical Motor Carrier Management Information (2) the exemption has resulted in a
qualification standards and medical best System (MCMIS). For non-CDL holders, lower level of safety than was
practices. the Agency reviewed the driving records maintained prior to being granted; or (3)
In reaching the decision to grant these from the State Driver’s Licensing continuation of the exemption would
exemption requests, the Agency Agency (SDLA). The Agency not be consistent with the goals and
considered the 2007 recommendations acknowledges the potential objectives of 49 U.S.C. 31136 and 31315.
of the Agency’s Medical Expert Panel consequences of a driver experiencing a If the exemption is still effective at the
(MEP). The January 15, 2013 (78 FR seizure while operating a CMV. end of the 2-year period, the individual
3069) Federal Register notice provides However, the Agency believes the may apply to FMCSA for a renewal
the current MEP recommendations drivers granted this exemption have under procedures in effect at that time.
which is the criteria the Agency uses to demonstrated that they are unlikely to Issued on: April 29, 2016.
grant seizure exemptions. have a seizure and their medical Larry W. Minor,
These nine applicants have been condition does not pose a risk to public Associate Administrator for Policy.
seizure-free over a range of 5 to 44 years safety.
[FR Doc. 2016–10796 Filed 5–6–16; 8:45 am]
while taking anti-seizure medication Consequently, FMCSA finds that in
BILLING CODE 4910–EX–P
and maintained a stable medication each case exempting these applicants
treatment regimen for the last two years. from the epilepsy/seizure standard in 49
In each case, the applicant’s treating CFR 391.41(b)(8) is likely to achieve a
DEPARTMENT OF TRANSPORTATION
physician verified his or her seizure level of safety equal to that existing
history and supports the ability to drive without the exemption. Federal Motor Carrier Safety
commercially. A summary of each V. Conditions and Requirements Administration
applicant’s seizure history was
discussed in the November 12, 2015 The terms and conditions of the [Docket No. FMCSA–2015–0322]
Federal Register notice and will not be exemption will be provided to the
applicants in the exemption document Qualification of Drivers; Exemption
repeated in this notice.
and includes the following: (1) Each Applications; Epilepsy and Seizure
III. Discussion of Comments individual must remain seizure-free and Disorders
Seven commenters responded to this maintain a stable treatment during the AGENCY: Federal Motor Carrier Safety
notice, six of whom specifically 2-year exemption period; (2) each Administration (FMCSA), Department
expressed support for applicant Thomas individual must submit annual reports of Transportation (DOT).
Vivirito and one in support of her from their treating physicians attesting ACTION: Notice of applications for
husband receiving an exemption. The to the stability of treatment and that the exemptions; request for comments.
Agency has determined that nine driver has remained seizure-free; (3)
applicants should be granted an each individual must undergo an annual SUMMARY: FMCSA announces receipt of
exemption. medical examination by a certified applications from 27 individuals for an
Medical Examiner, as defined by 49 CFR exemption from the prohibition against
mstockstill on DSK3G9T082PROD with NOTICES
IV. Basis for Exemption Determination 390.5; and (4) each individual must persons with a clinical diagnosis of
Under 49 U.S.C. 31136(e) and provide a copy of the annual medical epilepsy or any other condition that is
31315(b), FMCSA may grant an certification to the employer for likely to cause a loss of consciousness
exemption from the epilepsy/seizure retention in the driver’s qualification or any loss of ability to operate a
standard in 49 CFR 391.41(b)(8) if the file, or keep a copy of his/her driver’s commercial motor vehicle (CMV) in
exemption is likely to achieve an qualification file if he/she is self- interstate commerce. If granted, the
equivalent or greater level of safety than employed. The driver must also have a exemptions would enable these
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![28134 Federal Register / Vol. 81, No. 89 / Monday, May 9, 2016 / Notices
physician states that he is supportive of search box insert the docket number DATES: The exemptions were effective
Mr. Skinner receiving an exemption. ‘‘FMCSA–2015–0322’’ and click the on January 21, 2016. The exemptions
search button. When the new screen expire on January 21, 2018.
Shaen Smith
appears, click on the blue ‘‘Comment FOR FURTHER INFORMATION CONTACT:
Mr. Smith is a 47 year-old driver in Now!’’ button on the right hand side of Christine A. Hydock, Chief, Medical
Minnesota. He has a history of epilepsy the page. On the new page, enter Programs Division, (202) 366–4001,
and has remained seizure free since information required including the fmcsamedical@dot.gov, FMCSA,
1998. He takes anti-seizure medication specific section of this document to Department of Transportation, 1200
with the dosage and frequency which each comment applies, and New Jersey Avenue SE., Room W64–
remaining the same since 2013. His provide a reason for each suggestion or 113, Washington, DC 20590–0001.
physician states that he is supportive of recommendation. If you submit your Office hours are from 8:30 a.m. to 5 p.m.
Mr. Smith receiving an exemption. comments by mail or hand delivery, e.t., Monday through Friday, except
Kevin Lee Sprinkle submit them in an unbound format, no Federal holidays.
larger than 81⁄2 by 11 inches, suitable for SUPPLEMENTARY INFORMATION:
Mr. Sprinkle is a 35 year-old class A copying and electronic filing. If you
CDL holder in North Carolina. He has a submit comments by mail and would I. Electronic Access
history of juvenile epilepsy and has like to know that they reached the
remained seizure free since 2005. He You may see all the comments online
facility, please enclose a stamped, self- through the Federal Document
takes anti-seizure medication with the addressed postcard or envelope. We will
dosage and frequency remaining the Management System (FDMS) at: http://
consider all comments and materials www.regulations.gov.
same since that time. His physician received during the comment period.
states that he is supportive of Mr. Docket: For access to the docket to
FMCSA may issue a final determination read background documents or
Sprinkle receiving an exemption. any time after the close of the comment comments, go to http://
Patrick Trimbo period. www.regulations.gov and/or Room
Mr. Trimbo is a 53 year-old class A V. Viewing Comments and Documents W12–140 on the ground level of the
CDL holder in Minnesota. He has a West Building, 1200 New Jersey Avenue
To view comments, as well as any SE., Washington, DC, between 9 a.m.
history of a seizure disorder and has documents mentioned in this preamble,
remained seizure free since 1996. He and 5 p.m., Monday through Friday,
go to http://www.regulations.gov and in except Federal holidays.
takes anti-seizure medication with the the search box insert the docket number
dosage and frequency remaining the Privacy Act: In accordance with 5
FMCSA–2015–0322 and click ‘‘Search.’’ U.S.C. 553(c), DOT solicits comments
same since 2008. His physician states Next, click ‘‘Open Docket Folder’’ and
that he is supportive of Mr. Trimbo from the public to better inform its
you will find all documents and rulemaking process. DOT posts these
receiving an exemption. comments related to this notice. comments, without edit, including any
Alan Washabaugh Issued on: April 29, 2016. personal information the commenter
Mr. Washabaugh is a 57 year-old class Larry W. Minor, provides, to www.regulations.gov, as
A CDL holder in Pennsylvania. He has Associate Administrator for Policy. described in the system of records
a history of a seizure disorder and has [FR Doc. 2016–10795 Filed 5–6–16; 8:45 am] notice (DOT/ALL–14 FDMS), which can
remained seizure free since 1996. He BILLING CODE 4910–EX–P
be reviewed at www.dot.gov/privacy.
takes anti-seizure medication with the II. Background
dosage and frequency remaining the
same since that time. His physician DEPARTMENT OF TRANSPORTATION On December 21, 2015, FMCSA
states that he is supportive of Mr. published a notice announcing receipt
Washabaugh receiving an exemption. Federal Motor Carrier Safety of applications from 17 individuals
Administration requesting an exemption from the
III. Request for Comments prohibition against persons with a
In accordance with 49 U.S.C. 31136(e) [FMCSA Docket No. FMCSA–2015–0320] clinical diagnosis of epilepsy or any
and 31315, FMCSA requests public other condition that is likely to cause a
comment from all interested persons on Qualification of Drivers; Exemption loss of consciousness or any loss of
the exemption petitions described in Applications; Epilepsy and Seizure ability to operate a CMV in interstate
this notice. We will consider all Disorders commerce and requested comments
comments received before the close of from the public (80 FR 70065). The
business on the closing date indicated AGENCY: Federal Motor Carrier Safety public comment period closed on
in the date section of the notice. Administration (FMCSA), DOT. January 20, 2016, and no comments
ACTION: Notice of final disposition. were received.
IV. Submitting Comments FMCSA has evaluated the eligibility
You may submit your comments and SUMMARY: FMCSA announces its of these applicants and determined that
material online or by fax, mail, or hand decision to exempt eight individuals granting the exemptions to eight
delivery, but please use only one of from the regulatory requirement that individuals would achieve a level of
these means. FMCSA recommends that interstate commercial motor vehicle safety equivalent to or greater than the
you include your name and a mailing (CMV) drivers have ‘‘no established level that would be achieved by
mstockstill on DSK3G9T082PROD with NOTICES
address, an email address, or a phone medical history or clinical diagnosis of complying with the current regulation
number in the body of your document epilepsy or any other condition which 49 CFR 391.41(b)(8).
so that FMCSA can contact you if there is likely to cause loss of consciousness The physical qualification standard
are questions regarding your or any loss of ability to control a CMV.’’ for drivers regarding epilepsy found in
submission. The exemptions enable these 49 CFR 391.41(b)(8) states that a person
To submit your comment online, go to individuals to operate CMVs in is physically qualified to drive a CMV
http://www.regulations.gov and in the interstate commerce. if that person
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Document Created: 2018-02-07 14:50:13
Document Modified: 2018-02-07 14:50:13
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Notice of applications for exemptions; request for comments. | |
| Dates | Comments must be received on or before June 8, 2016. | |
| Contact | Christine A. Hydock, Chief, Medical Programs Division, (202) 366-4001, or via email at [email protected], or by letter to FMCSA, Room W64-113, Department of Transportation, 1200 New Jersey Avenue SE., Washington, DC 20590- 0001. Office hours are from 8:30 a.m. to 5 p.m., Monday through Friday, except Federal holidays. | |
| FR Citation | 81 FR 28131 |
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