81_FR_51688 81 FR 51538 - Qualification of Drivers; Exemption Applications; Epilepsy and Seizure Disorders

81 FR 51538 - Qualification of Drivers; Exemption Applications; Epilepsy and Seizure Disorders

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration

Federal Register Volume 81, Issue 150 (August 4, 2016)

Page Range51538-51540
FR Document2016-18499

FMCSA announces receipt of applications from 21 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 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.

Federal Register, Volume 81 Issue 150 (Thursday, August 4, 2016)
[Federal Register Volume 81, Number 150 (Thursday, August 4, 2016)]
[Notices]
[Pages 51538-51540]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-18499]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2015-0323]


Qualification of Drivers; Exemption Applications; Epilepsy and 
Seizure Disorders

AGENCY: Federal Motor Carrier Safety Administration (FMCSA).

ACTION: Notice of applications for exemptions; request for comments.

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SUMMARY: FMCSA announces receipt of applications from 21 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 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 September 6, 2016.

ADDRESSES: You may submit comments to the Federal Docket Management 
System (FDMS) Docket No. FMCSA-2015-0323 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 21 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 \1\ to assist medical examiners in determining whether drivers 
with certain medical conditions are qualified to operate a CMV in 
interstate commerce. [49 CFR part 391, APPENDIX A TO PART 391--MEDICAL 
ADVISORY CRITERIA, section H. Epilepsy: Sec.  391.41(b)(8), paragraphs 
3, 4, and 5.]
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    \1\ See http://www.ecfr.gov/cgi-bin/text-idx?SID=e47b48a9ea42dd67d999246e23d97970&mc=true&node=pt49.5.391&rgn=div5#ap49.5.391_171.a and https://www.thefederalregister.org/fdsys/pkg/CFR-2015-title49-vol5/pdf/CFR-2015-title49-vol5-part391-appA.pdf.
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    The advisory 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 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

[[Page 51539]]

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

Jason J. Amoriello

    Mr. Amoriello is a 42 year-old driver in Wisconsin. He has a 
history of a seizure disorder and has remained seizure free since 1984. 
He takes anti-seizure medication with the dosage and frequency 
remaining the same since 2012. His physician states that he is 
supportive of Mr. Amoriello receiving an exemption.

Mark Douglas Anderson

    Mr. Anderson is a 52 year-old class B CDL holder in North Carolina. 
He has a history of a seizure disorder and has remained seizure free 
since 1991. 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. Anderson receiving an exemption.

Jeffrey Neal Bienstock

    Mr. Bienstock is a 48 year-old class A CDL holder in Arizona. He 
has a history of a seizure disorder and has remained seizure-free since 
2003. He discontinued anti-seizure medication in 2008. His physician 
states that he is supportive of Mr. Bienstock receiving an exemption.

Jeremy Neal Bradford

    Mr. Bradbord is a 39 year-old class A CDL holder in Alabama. 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 2013. His physician states that he is supportive of Mr. 
Bradford receiving an exemption.

Joseph Steven Drion

    Mr. Drion is a 52 year-old class B CDL holder in Missouri. He has a 
history of a seizure disorder 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. Drion receiving an exemption.

Kenneth B. Elder

    Mr. Elder is a 49 year-old class A CDL holder in Kentucky. He has a 
history of a seizure disorder 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. Elder receiving an exemption.

Steven W. Farver

    Mr. Farver is a 50 year-old driver in Pennsylvania. He has a 
history of a seizure disorder and has remained seizure-free since 2008. 
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. Farver receiving an exemption.

Richard M. Foster

    Mr. Foster is a 49 year-old driver in Oklahoma. He has a history of 
a seizure disorder and has remained seizure-free since 2007. 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. 
Foster receiving an exemption.

Jeffrey Brett Green

    Mr. Green is a 42 year-old class B CDL holder in California. He has 
a history of a seizure disorder and has remained seizure-free since 
2008. 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. Green receiving an exemption.

Stephen M. Harmon

    Mr. Harmon is a 39 year-old driver in West Virginia. He has a 
history of a seizure disorder and has remained seizure-free since 
January 2005. He takes anti-seizure medication with the dosage and 
frequency remaining the same since 2010. His physician states that he 
is supportive of Mr. Harmon receiving an exemption.

Donald Horst

    Mr. Horst is a 66 year-old driver in Maryland. He has a history of 
a single seizure in 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. Horst receiving an exemption.

Jordan M. Hyster

    Mr. Hyster is a 27 year-old class A CDL holder in Ohio. He has a 
history of a seizure disorder and has remained seizure-free since 
January 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. Hyster receiving an exemption.

Christopher A. Koger

    Mr. Koger is a 42 year-old class A CDL holder in Pennsylvania. He 
has a history of a seizure disorder and has remained seizure-free since 
2007. 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. Koger receiving an exemption.

Kyle Philip Loney

    Mr. Loney is a 32 year-old driver in Washington. He has a history 
of a seizure disorder and has remained seizure-free since January 2004. 
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. Loney receiving an exemption.

Leigh P. Mallory

    Mr. Mallory is a 65 year-old driver in Vermont. He has a history of 
a seizure disorder and has remained seizure-free since 1997. 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. 
Mallory receiving an exemption.

Sean Nesbitt

    Mr. Nesbitt is a 44 year-old driver in New York. 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 that time. His physician states that he is supportive of 
Mr. Nesbitt receiving an exemption.

Ashley Nicole Rialson

    Ms. Rialson is a 28 year-old driver in Minnesota. She has a history 
of epilepsy and has remained seizure-free since 2005. She takes anti-
seizure medication with the dosage and frequency remaining the same 
since that time. Her physician states that she is supportive of Ms. 
Rialson receiving an exemption.

[[Page 51540]]

Gonzalin Sanabria

    Mr. Sanabria is a 61 year-old class B CDL holder in New York. He 
has a history of a seizure disorder as the result of brain lymphoma 
that was diagnosed in 2003. He remains in remission and has been 
seizure free since 2004. 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. Sanabria receiving an exemption.

David Sica

    Mr. Sica is a 53 year-old driver in Connecticut. He has a history 
of a seizure disorder and has remained seizure free since 1985. 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. Sica receiving an exemption.

Raymond H. Van De Mark

    Mr. Van De Mark is a 62 class A CDL holder in New Jersey. He has a 
history of a seizure disorder 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. Van De Mark receiving an exemption.

William Frederick Youse

    Mr. Youse is a 24 year-old driver in North Carolina. He has a 
history of childhood epilepsy and has been seizure free since 2002. He 
has not taken anti-seizure medication since 2005. His physician states 
that he is supportive of Mr. Youse 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-2015-0323'' 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-2015-0323 and click ``Search.'' Next, click 
``Open Docket Folder'' and you will find all documents and comments 
related to this notice.

    Issued on: July 27, 2016.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2016-18499 Filed 8-3-16; 8:45 am]
 BILLING CODE 4910-EX-P



                                                51538                        Federal Register / Vol. 81, No. 150 / Thursday, August 4, 2016 / Notices

                                                and Engagement, Benefits and ADS–B In                     • Hand Delivery: West Building                      requested an exemption from the
                                                and Installation and Approvals.                         Ground Floor, Room W12–140, 1200                      epilepsy prohibition in 49 CFR
                                                   (d) Contact Elisabeth Auld                           New Jersey Avenue SE., Washington,                    391.41(b)(8), which applies to drivers
                                                (elisabeth.ctr.auld@faa.gov) to request                 DC, between 9 a.m. and 5 p.m., Monday                 who operate CMVs in interstate
                                                an invitation. There are no plans for                   through Friday, except Federal                        commerce. Accordingly, the Agency
                                                telecon/webex access to these meetings.                 Holidays.                                             will evaluate the qualifications of each
                                                   (e) The meetings will not be formally                  • Fax: 1–202–493–2251.                              applicant to determine whether granting
                                                recorded. However, minutes are posted                      Instructions: Each submission must                 the exemption will achieve the required
                                                approximately 2–3 weeks after the                       include the Agency name and the                       level of safety mandated by statute.
                                                meeting on the Equip 2020 SharePoint                    docket numbers for this notice. Note                     The physical qualification standard
                                                site https://avssp.faa.gov/avs/afs400/                  that all comments received will be                    for drivers regarding epilepsy found in
                                                EQUIP2020/SitePages/Equip2020.aspx.                     posted without change to http://                      49 CFR 391.41(b)(8) states that a person
                                                  Authority: 49 U.S.C. 106(f), 106(g); 40103,           www.regulations.gov, including any                    is physically qualified to drive a CMV
                                                40113, 40120; E.O. 10854, 24 FR 9665, 3 CFR,            personal information provided. Please                 if that person:
                                                1959–1963 Comp., p.389.                                 see the Privacy Act heading below for                    Has no established medical history or
                                                  Issued in Washington, DC, on July 20,                 further information.                                  clinical diagnosis of epilepsy or any other
                                                2016.                                                      Docket: For access to the docket to                condition which is likely to cause the loss of
                                                Mark Steinbicker,                                       read background documents or                          consciousness or any loss of ability to control
                                                                                                        comments, go to http://                               a CMV.
                                                Assistant Manager, Flight Technologies and
                                                Procedures Division.                                    www.regulations.gov at any time or                       In addition to the regulations, FMCSA
                                                [FR Doc. 2016–18525 Filed 8–3–16; 8:45 am]              Room W12–140 on the ground level of                   has published advisory criteria 1 to
                                                BILLING CODE 4910–13–P
                                                                                                        the West Building, 1200 New Jersey                    assist medical examiners in determining
                                                                                                        Avenue SE., Washington, DC, between 9                 whether drivers with certain medical
                                                                                                        a.m. and 5 p.m., Monday through                       conditions are qualified to operate a
                                                DEPARTMENT OF TRANSPORTATION                            Friday, except Federal holidays. The                  CMV in interstate commerce. [49 CFR
                                                                                                        Federal Docket Management System                      part 391, APPENDIX A TO PART 391—
                                                Federal Motor Carrier Safety                            (FDMS) is available 24 hours each day,                MEDICAL ADVISORY CRITERIA,
                                                Administration                                          365 days each year. If you want                       section H. Epilepsy: § 391.41(b)(8),
                                                [Docket No. FMCSA–2015–0323]                            acknowledgment that we received your                  paragraphs 3, 4, and 5.]
                                                                                                        comments, please include a self-                         The advisory criteria states that if an
                                                Qualification of Drivers; Exemption                     addressed, stamped envelope or                        individual has had a sudden episode of
                                                Applications; Epilepsy and Seizure                      postcard or print the acknowledgement                 a non-epileptic seizure or loss of
                                                Disorders                                               page that appears after submitting                    consciousness of unknown cause that
                                                                                                        comments on-line.                                     did not require anti-seizure medication,
                                                AGENCY: Federal Motor Carrier Safety                       Privacy Act: In accordance with 5                  the decision whether that person’s
                                                Administration (FMCSA).                                 U.S.C. 553(c), DOT solicits comments                  condition is likely to cause the loss of
                                                ACTION: Notice of applications for                      from the public to better inform its                  consciousness or loss of ability to
                                                exemptions; request for comments.                       rulemaking process. DOT posts these                   control a CMV should be made on an
                                                                                                        comments, without edit, including any                 individual basis by the medical
                                                SUMMARY:   FMCSA announces receipt of                                                                         examiner in consultation with the
                                                applications from 21 individuals for an                 personal information the commenter
                                                                                                        provides, to http://www.regulations.gov               treating physician. Before certification is
                                                exemption from the prohibition against                                                                        considered, it is suggested that a 6-
                                                persons with a clinical diagnosis of                    as described in the system records
                                                                                                        notice (DOT/ALL–14 FDMS), which can                   month waiting period elapse from the
                                                epilepsy or any other condition that is                                                                       time of the episode. Following the
                                                likely to cause a loss of consciousness                 be reviewed at http://www.dot.gov/
                                                                                                        privacy.                                              waiting period, it is suggested that the
                                                or any loss of ability to operate a                                                                           individual have a complete neurological
                                                commercial motor vehicle (CMV) in                       FOR FURTHER INFORMATION CONTACT:
                                                                                                                                                              examination. If the results of the
                                                interstate commerce. If granted, the                    Christine A. Hydock, Chief, Medical                   examination are negative and anti-
                                                exemptions would enable these                           Programs Division, (202) 366–4001, or                 seizure medication is not required, then
                                                individuals who have had one or more                    via email at fmcsamedical@dot.gov, or                 the driver may be qualified.
                                                seizures and are taking anti-seizure                    by letter to FMCSA, Room W64–113,                        In those individual cases where a
                                                medication to operate CMVs for up to 2                  Department of Transportation, 1200                    driver had a seizure or an episode of
                                                years in interstate commerce.                           New Jersey Avenue SE., Washington,                    loss of consciousness that resulted from
                                                DATES: Comments must be received on                     DC 20590–0001. Office hours are from                  a known medical condition (e.g., drug
                                                or before September 6, 2016.                            8:30 a.m. to 5 p.m., Monday through                   reaction, high temperature, acute
                                                ADDRESSES: You may submit comments                      Friday, except Federal holidays.                      infectious disease, dehydration, or acute
                                                to the Federal Docket Management                        SUPPLEMENTARY INFORMATION:                            metabolic disturbance), certification
                                                System (FDMS) Docket No. FMCSA–                                                                               should be deferred until the driver has
                                                                                                        I. Background
                                                2015–0323 using any of the following                                                                          recovered fully from that condition, has
                                                methods:                                                   Under 49 U.S.C. 31136(e) and 31315,                no existing residual complications, and
                                                   • Federal eRulemaking Portal: Go to                  FMCSA may grant an exemption for up                   is not taking anti-seizure medication.
                                                                                                        to a 2-year period if it finds ‘‘such
sradovich on DSK3GMQ082PROD with NOTICES




                                                http://www.regulations.gov. Follow the                                                                           Drivers who have a history of
                                                on-line instructions for submitting                     exemption would likely achieve a level                epilepsy/seizures, off anti-seizure
                                                comments.                                               of safety that is equivalent to or greater
                                                   • Mail: Docket Management Facility;                  than the level that would be achieved                    1 See http://www.ecfr.gov/cgi-bin/text-idx?SID=

                                                U.S. Department of Transportation, 1200                 absent such exemption.’’ The statutes                 e47b48a9ea42dd67d999246e23d97970&mc=
                                                                                                                                                              true&node=pt49.5.391&rgn=div5#ap49.5.391_171.a
                                                New Jersey Avenue SE., West Building                    allow the Agency to renew exemptions                  and https://www.gpo.gov/fdsys/pkg/CFR-2015-
                                                Ground Floor, Room W12–140,                             at the end of the 2-year period. The 21               title49-vol5/pdf/CFR-2015-title49-vol5-part391-
                                                Washington, DC 20590–0001.                              individuals listed in this notice have                appA.pdf.



                                           VerDate Sep<11>2014   18:12 Aug 03, 2016   Jkt 238001   PO 00000   Frm 00109   Fmt 4703   Sfmt 4703   E:\FR\FM\04AUN1.SGM   04AUN1


                                                                             Federal Register / Vol. 81, No. 150 / Thursday, August 4, 2016 / Notices                                           51539

                                                medication and seizure-free for 10 years,               seizure medication with the dosage and                supportive of Mr. Horst receiving an
                                                may be qualified to operate a CMV in                    frequency remaining the same since that               exemption.
                                                interstate commerce. Interstate drivers                 time. His physician states that he is
                                                                                                                                                              Jordan M. Hyster
                                                with a history of a single unprovoked                   supportive of Mr. Drion receiving an
                                                seizure may be qualified to drive a CMV                 exemption.                                               Mr. Hyster is a 27 year-old class A
                                                in interstate commerce if seizure-free                                                                        CDL holder in Ohio. He has a history of
                                                and off anti-seizure medication for a 5-                Kenneth B. Elder
                                                                                                                                                              a seizure disorder and has remained
                                                year period or more.                                       Mr. Elder is a 49 year-old class A CDL             seizure-free since January 2009. He
                                                  As a result of medical examiners                      holder in Kentucky. He has a history of               takes anti-seizure medication with the
                                                misinterpreting advisory criteria as                    a seizure disorder and has remained                   dosage and frequency remaining the
                                                regulation, numerous drivers have been                  seizure-free since 2002. He takes anti-               same since that time. His physician
                                                prohibited from operating a CMV in                      seizure medication with the dosage and                states that he is supportive of Mr. Hyster
                                                interstate commerce based on the fact                   frequency remaining the same since that               receiving an exemption.
                                                that they have had one or more seizures                 time. His physician states that he is
                                                and are taking anti-seizure medication,                 supportive of Mr. Elder receiving an                  Christopher A. Koger
                                                rather than an individual analysis of                   exemption.
                                                their circumstances by a qualified                                                                               Mr. Koger is a 42 year-old class A CDL
                                                medical examiner based on the physical                  Steven W. Farver                                      holder in Pennsylvania. He has a history
                                                qualification standards and medical best                                                                      of a seizure disorder and has remained
                                                                                                           Mr. Farver is a 50 year-old driver in              seizure-free since 2007. He takes anti-
                                                practices.                                              Pennsylvania. He has a history of a                   seizure medication with the dosage and
                                                II. Qualifications of Applicants                        seizure disorder and has remained                     frequency remaining the same since that
                                                                                                        seizure-free since 2008. He takes anti-               time. His physician states that he is
                                                Jason J. Amoriello                                      seizure medication with the dosage and                supportive of Mr. Koger receiving an
                                                   Mr. Amoriello is a 42 year-old driver                frequency remaining the same since that               exemption.
                                                in Wisconsin. He has a history of a                     time. His physician states that he is
                                                seizure disorder and has remained                       supportive of Mr. Farver receiving an                 Kyle Philip Loney
                                                seizure free since 1984. He takes anti-                 exemption.
                                                seizure medication with the dosage and                                                                          Mr. Loney is a 32 year-old driver in
                                                frequency remaining the same since                      Richard M. Foster                                     Washington. He has a history of a
                                                2012. His physician states that he is                                                                         seizure disorder and has remained
                                                                                                           Mr. Foster is a 49 year-old driver in
                                                supportive of Mr. Amoriello receiving                                                                         seizure-free since January 2004. He
                                                                                                        Oklahoma. He has a history of a seizure
                                                an exemption.                                                                                                 takes anti-seizure medication with the
                                                                                                        disorder and has remained seizure-free
                                                                                                                                                              dosage and frequency remaining the
                                                Mark Douglas Anderson                                   since 2007. He takes anti-seizure
                                                                                                                                                              same since that time. His physician
                                                                                                        medication with the dosage and
                                                  Mr. Anderson is a 52 year-old class B                                                                       states that he is supportive of Mr. Loney
                                                                                                        frequency remaining the same since that
                                                CDL holder in North Carolina. He has a                                                                        receiving an exemption.
                                                                                                        time. His physician states that he is
                                                history of a seizure disorder and has                   supportive of Mr. Foster receiving an                 Leigh P. Mallory
                                                remained seizure free since 1991. He                    exemption.
                                                takes anti-seizure medication with the                                                                           Mr. Mallory is a 65 year-old driver in
                                                dosage and frequency remaining the                      Jeffrey Brett Green                                   Vermont. He has a history of a seizure
                                                same since that time. His physician                        Mr. Green is a 42 year-old class B CDL             disorder and has remained seizure-free
                                                states that he is supportive of Mr.                     holder in California. He has a history of             since 1997. He takes anti-seizure
                                                Anderson receiving an exemption.                        a seizure disorder and has remained                   medication with the dosage and
                                                                                                        seizure-free since 2008. He takes anti-               frequency remaining the same since that
                                                Jeffrey Neal Bienstock
                                                                                                        seizure medication with the dosage and                time. His physician states that he is
                                                   Mr. Bienstock is a 48 year-old class A                                                                     supportive of Mr. Mallory receiving an
                                                                                                        frequency remaining the same since that
                                                CDL holder in Arizona. He has a history                                                                       exemption.
                                                                                                        time. His physician states that he is
                                                of a seizure disorder and has remained
                                                                                                        supportive of Mr. Green receiving an                  Sean Nesbitt
                                                seizure-free since 2003. He discontinued
                                                                                                        exemption.
                                                anti-seizure medication in 2008. His                                                                             Mr. Nesbitt is a 44 year-old driver in
                                                physician states that he is supportive of               Stephen M. Harmon                                     New York. He has a history of a seizure
                                                Mr. Bienstock receiving an exemption.                                                                         disorder and has remained seizure-free
                                                                                                          Mr. Harmon is a 39 year-old driver in
                                                Jeremy Neal Bradford                                    West Virginia. He has a history of a                  since 2009. He takes anti-seizure
                                                   Mr. Bradbord is a 39 year-old class A                seizure disorder and has remained                     medication with the dosage and
                                                CDL holder in Alabama. He has a                         seizure-free since January 2005. He                   frequency remaining the same since that
                                                history of epilepsy and has remained                    takes anti-seizure medication with the                time. His physician states that he is
                                                seizure-free since 2004. He takes anti-                 dosage and frequency remaining the                    supportive of Mr. Nesbitt receiving an
                                                seizure medication with the dosage and                  same since 2010. His physician states                 exemption.
                                                frequency remaining the same since                      that he is supportive of Mr. Harmon                   Ashley Nicole Rialson
                                                2013. His physician states that he is                   receiving an exemption.
                                                                                                                                                                Ms. Rialson is a 28 year-old driver in
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                                                supportive of Mr. Bradford receiving an                 Donald Horst
                                                exemption.                                                                                                    Minnesota. She has a history of epilepsy
                                                                                                           Mr. Horst is a 66 year-old driver in               and has remained seizure-free since
                                                Joseph Steven Drion                                     Maryland. He has a history of a single                2005. She takes anti-seizure medication
                                                   Mr. Drion is a 52 year-old class B CDL               seizure in 2009. He takes anti-seizure                with the dosage and frequency
                                                holder in Missouri. He has a history of                 medication with the dosage and                        remaining the same since that time. Her
                                                a seizure disorder and has remained                     frequency remaining the same since that               physician states that she is supportive of
                                                seizure-free since 2002. He takes anti-                 time. His physician states that he is                 Ms. Rialson receiving an exemption.


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                                                51540                        Federal Register / Vol. 81, No. 150 / Thursday, August 4, 2016 / Notices

                                                Gonzalin Sanabria                                       search button. When the new screen                    FOR FURTHER INFORMATION CONTACT:
                                                  Mr. Sanabria is a 61 year-old class B                 appears, click on the blue ‘‘Comment                  Christine A. Hydock, Chief, Medical
                                                CDL holder in New York. He has a                        Now!’’ button on the right hand side of               Programs Division, (202) 366–4001,
                                                history of a seizure disorder as the result             the page. On the new page, enter                      fmcsamedical@dot.gov, FMCSA,
                                                of brain lymphoma that was diagnosed                    information required including the                    Department of Transportation, 1200
                                                in 2003. He remains in remission and                    specific section of this document to                  New Jersey Avenue SE., Room W64–
                                                has been seizure free since 2004. He                    which each comment applies, and                       113, Washington, DC 20590–0001.
                                                takes anti-seizure medication with the                  provide a reason for each suggestion or               Office hours are 8:30 a.m. to 5 p.m., e.t.,
                                                dosage and frequency remaining the                      recommendation. If you submit your                    Monday through Friday, except Federal
                                                same since that time. His physician                     comments by mail or hand delivery,                    holidays.
                                                states that he is supportive of Mr.                     submit them in an unbound format, no                  SUPPLEMENTARY INFORMATION:
                                                Sanabria receiving an exemption.                        larger than 81⁄2 by 11 inches, suitable for
                                                                                                        copying and electronic filing. If you                 Background
                                                David Sica                                              submit comments by mail and would                       Under 49 U.S.C. 31136(e) and 31315,
                                                   Mr. Sica is a 53 year-old driver in                  like to know that they reached the                    FMCSA may grant an exemption from
                                                Connecticut. He has a history of a                      facility, please enclose a stamped, self-             the Federal diabetes standard for a
                                                seizure disorder and has remained                       addressed postcard or envelope.                       renewable 2-year period if it finds ‘‘such
                                                seizure free since 1985. He takes anti-                    We will consider all comments and                  an exemption would likely achieve a
                                                seizure medication with the dosage and                  materials received during the comment                 level of safety that is equivalent to, or
                                                frequency remaining the same since that                 period. FMCSA may issue a final                       greater than, the level that would be
                                                time. His physician states that he is                   determination any time after the close of             achieved absent such an exemption.’’
                                                supportive of Mr. Sica receiving an                     the comment period.                                   The procedures for requesting an
                                                exemption.                                              V. Viewing Comments and Documents                     exemption are set forth in 49 CFR part
                                                                                                                                                              381.
                                                Raymond H. Van De Mark                                    To view comments, as well as any
                                                                                                                                                                Accordingly, FMCSA evaluated 88
                                                   Mr. Van De Mark is a 62 class A CDL                  documents mentioned in this preamble,
                                                                                                                                                              individual exemption requests on their
                                                holder in New Jersey. He has a history                  go to http://www.regulations.gov and in
                                                                                                                                                              merits and made a determination that
                                                of a seizure disorder and has remained                  the search box insert the docket number
                                                                                                                                                              these applicants do not satisfy the
                                                seizure free since 1986. He takes anti-                 FMCSA–2015–0323 and click ‘‘Search.’’
                                                                                                                                                              criteria eligibility or meet the terms and
                                                seizure medication with the dosage and                  Next, click ‘‘Open Docket Folder’’ and
                                                                                                                                                              conditions of the Federal exemption
                                                frequency remaining the same since that                 you will find all documents and
                                                                                                                                                              program. Each applicant has, prior to
                                                time. His physician states that he is                   comments related to this notice.
                                                                                                                                                              this notice, received a letter of final
                                                supportive of Mr. Van De Mark                             Issued on: July 27, 2016.                           disposition on the exemption request.
                                                receiving an exemption.                                 Larry W. Minor,                                       Those decision letters fully outlined the
                                                                                                        Associate Administrator for Policy.                   basis for the denial and constitute final
                                                William Frederick Youse
                                                                                                        [FR Doc. 2016–18499 Filed 8–3–16; 8:45 am]            Agency action. The list published in
                                                  Mr. Youse is a 24 year-old driver in                  BILLING CODE 4910–EX–P                                this notice summarizes the Agency’s
                                                North Carolina. He has a history of                                                                           recent denials as required under 49
                                                childhood epilepsy and has been                                                                               U.S.C. 31315(b)(4) by periodically
                                                seizure free since 2002. He has not taken               DEPARTMENT OF TRANSPORTATION                          publishing names and reasons for
                                                anti-seizure medication since 2005. His                                                                       denial.
                                                physician states that he is supportive of               Federal Motor Carrier Safety                            The following 8 applicants met the
                                                Mr. Youse receiving an exemption.                       Administration                                        diabetes requirements of 49 CFR
                                                III. Request for Comments                               [Docket No. FMCSA–2016–0217]                          391.41(b)(3) and do not need an
                                                                                                                                                              exemption:
                                                   In accordance with 49 U.S.C. 31136(e)
                                                                                                        Qualification of Drivers; Exemption                   Elbi Aguado
                                                and 31315, FMCSA requests public
                                                                                                        Applications; Diabetes                                Neil R. Boss
                                                comment from all interested persons on
                                                the exemption petitions described in                    AGENCY: Federal Motor Carrier Safety                  Matthew A. Bunce
                                                this notice. We will consider all                       Administration (FMCSA), DOT.                          Harm A. Gibson
                                                comments received before the close of                                                                         Willie Hammond
                                                                                                        ACTION: Notice of denials.
                                                business on the closing date indicated                                                                        Tommy M. Harris
                                                in the date section of the notice.                      SUMMARY:    FMCSA announces its denial                Burke J. Minns
                                                                                                        of 88 applications from individuals who               Robert R. Roy
                                                IV. Submitting Comments                                 requested an exemption from the                         The following 39 applicants were not
                                                   You may submit your comments and                     Federal diabetes standard applicable to               operating CMVs in interstate commerce:
                                                material online or by fax, mail, or hand                interstate truck and bus drivers and the              Steven G. Alvarez
                                                delivery, but please use only one of                    reasons for the denials. FMCSA has                    Gary L. Atchley
                                                these means. FMCSA recommends that                      statutory authority to exempt                         Taja T. Barnett
                                                you include your name and a mailing                     individuals from the diabetes                         David E. Benavides
                                                address, an email address, or a phone                   requirement if the exemptions granted                 John K. Bottkol
                                                                                                        will not compromise safety. The Agency
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                                                number in the body of your document                                                                           Donald L. Conklin
                                                so that FMCSA can contact you if there                  has concluded that granting these                     Timothy P. Conner
                                                are questions regarding your                            exemptions does not provide a level of                Tyrone O. Cooke
                                                submission.                                             safety that will be equivalent to, or                 Garrett M. Cooper
                                                   To submit your comment online, go to                 greater than, the level of safety                     Roy L. Cox
                                                http://www.regulations.gov and in the                   maintained without the exemptions for                 Isaac K. Danso
                                                search box insert the docket number                     these commercial motor vehicle (CMV)                  Robert C. Davis
                                                ‘‘FMCSA–2015–0323’’ and click the                       drivers.                                              Clarence Evans


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Document Created: 2016-08-04 02:53:41
Document Modified: 2016-08-04 02:53:41
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice of applications for exemptions; request for comments.
DatesComments must be received on or before September 6, 2016.
ContactChristine 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 Citation81 FR 51538 

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