81 FR 72661 - Qualification of Drivers; Exemption Applications; Epilepsy and Seizure Disorders
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration Federal Register Volume 81, Issue 203 (October 20, 2016)
Federal Motor Carrier Safety Administration
Federal Register Volume 81, Issue 203 (October 20, 2016)
| Page Range | 72661-72661 | |
| FR Document | 2016-25386 |
[Federal Register Volume 81, Number 203 (Thursday, October 20, 2016)] [Notices] [Page 72661] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-25386] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA-2016-0009] Qualification of Drivers; Exemption Applications; Epilepsy and Seizure Disorders AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice of denials. ----------------------------------------------------------------------- SUMMARY: FMCSA announces its decision to deny applications from 11 individuals who requested an exemption from the Federal Motor Carrier Safety Regulations (FMCSRs) prohibiting persons with a clinical diagnosis of epilepsy or any other condition that is likely to cause a loss of consciousness or any loss of ability to operate a commercial motor vehicle (CMV) from operating CMVs in interstate commerce. FOR FURTHER INFORMATION CONTACT: Ms. Christine A. Hydock, Chief, Medical Programs Division, (202) 366-4001, [email protected], FMCSA, Department of Transportation, 1200 New Jersey Avenue SE., Room W64-224, Washington, DC 20590-0001. Office hours are 8:30 a.m. to 5 p.m., e.t., Monday through Friday, except Federal holidays. If you have questions regarding viewing or submitting material to the docket, contact Docket Services, telephone (202) 366-9826. SUPPLEMENTARY INFORMATION: I. Electronic Access You may see all the comments online through the Federal Document Management System (FDMS) at: http://www.regulations.gov. Docket: For access to the docket to read background documents or comments, go to http://www.regulations.gov and/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. 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 of records notice (DOT/ALL-14 FDMS), which can be reviewed at http://www.dot.gov/privacy. II. Background FMCSA received applications from 11 individuals who requested an exemption from the FMCSRs prohibiting persons with a clinical diagnosis of epilepsy or any other condition that is likely to cause a loss of consciousness or any loss of ability to operate a CMV from operating CMVs in interstate commerce. FMCSA has evaluated the eligibility of these applicants and concluded that granting these exemptions would not provide a level of safety that would be equivalent to or greater than, the level of safety that would be obtained by complying with the regulation 49 CFR 391.41(b)(8). III. Basis for Exemption Determination Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption for two years if it finds ``such an exemption would likely achieve a level of safety that is equivalent to, or greater than, the level that would be achieved absent such an exemption.'' The Agency's decision regarding these exemption applications is based on the eligibility criteria, the terms and conditions for Federal exemptions, and an individualized assessment of each applicant's medical information provided by the applicant. IV. Conclusion The Agency has determined that these applicants do not satisfy the criteria eligibility or meet the terms and conditions for a Federal exemption and granting these exemptions would not provide a level of safety that would be equivalent to or greater than, the level of safety that would be obtained by complying with the regulation 49 CFR 391.41(b)(8). Therefore, the 11 applicants in this notice have been denied exemptions from the physical qualification standards in 49 CFR 391.41(b)(8). Each applicant has, prior to this notice, received a letter of final disposition regarding his/her exemption request. Those decision letters fully outlined the basis for the denial and constitutes final action by the Agency. This notice summarizes the Agency's recent denials as required under 49 U.S.C. 31315(b)(4) by periodically publishing names and reasons for denial. The following 11 applicants do not meet the minimum time requirement for being seizure-free, either on or off of anti-seizure medication: Cody Cousins (AK) Robin Harrison (UT) Elvis Hill (VA) Jimmie Michael, Jr. (NC) Eric Scott (NY) Cody Skalon (IL) Terry Thomas (WV) Ryan Travis (IL) Justin Wells (IL) Paul Whitby (MD) Salvatore Zeuner Jr. (NJ) Issued on: October 12, 2016. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2016-25386 Filed 10-19-16; 8:45 am] BILLING CODE 4910-EX-P
![Federal Register / Vol. 81, No. 203 / Thursday, October 20, 2016 / Notices 72661
Issued on: October 14, 2016. as described in the system of records being seizure-free, either on or off of
Larry W. Minor, notice (DOT/ALL–14 FDMS), which can anti-seizure medication:
Associate Administrator for Policy. be reviewed at http://www.dot.gov/ Cody Cousins (AK)
[FR Doc. 2016–25389 Filed 10–19–16; 8:45 am] privacy. Robin Harrison (UT)
BILLING CODE 4910–EX–P II. Background Elvis Hill (VA)
Jimmie Michael, Jr. (NC)
FMCSA received applications from 11 Eric Scott (NY)
DEPARTMENT OF TRANSPORTATION individuals who requested an Cody Skalon (IL)
exemption from the FMCSRs Terry Thomas (WV)
Federal Motor Carrier Safety prohibiting persons with a clinical Ryan Travis (IL)
Administration diagnosis of epilepsy or any other Justin Wells (IL)
[Docket No. FMCSA–2016–0009] condition that is likely to cause a loss Paul Whitby (MD)
of consciousness or any loss of ability to Salvatore Zeuner Jr. (NJ)
Qualification of Drivers; Exemption operate a CMV from operating CMVs in Issued on: October 12, 2016.
Applications; Epilepsy and Seizure interstate commerce. Larry W. Minor,
Disorders FMCSA has evaluated the eligibility Associate Administrator for Policy.
of these applicants and concluded that
AGENCY: Federal Motor Carrier Safety [FR Doc. 2016–25386 Filed 10–19–16; 8:45 am]
granting these exemptions would not
Administration (FMCSA), DOT. BILLING CODE 4910–EX–P
provide a level of safety that would be
ACTION: Notice of denials. equivalent to or greater than, the level
SUMMARY: FMCSA announces its of safety that would be obtained by DEPARTMENT OF TRANSPORTATION
decision to deny applications from 11 complying with the regulation 49 CFR
individuals who requested an 391.41(b)(8). Federal Motor Carrier Safety
exemption from the Federal Motor III. Basis for Exemption Determination Administration
Carrier Safety Regulations (FMCSRs) [Docket No. FMCSA–2016–0353]
prohibiting persons with a clinical Under 49 U.S.C. 31136(e) and 31315,
diagnosis of epilepsy or any other FMCSA may grant an exemption for two Qualification of Drivers; Exemption
condition that is likely to cause a loss years if it finds ‘‘such an exemption Applications; Implantable Cardioverter
of consciousness or any loss of ability to would likely achieve a level of safety Defibrillators
operate a commercial motor vehicle that is equivalent to, or greater than, the
(CMV) from operating CMVs in level that would be achieved absent AGENCY: Federal Motor Carrier Safety
interstate commerce. such an exemption.’’ Administration (FMCSA), DOT.
FOR FURTHER INFORMATION CONTACT: Ms. The Agency’s decision regarding these ACTION: Notice of applications for
Christine A. Hydock, Chief, Medical exemption applications is based on the exemption; request for comments.
Programs Division, (202) 366–4001, eligibility criteria, the terms and
conditions for Federal exemptions, and SUMMARY: FMCSA announces receipt of
fmcsamedical@dot.gov, FMCSA,
an individualized assessment of each applications from three individuals for
Department of Transportation, 1200
applicant’s medical information exemptions from the rules prohibiting
New Jersey Avenue SE., Room W64–
provided by the applicant. operation of a commercial motor vehicle
224, Washington, DC 20590–0001.
(CMV) by persons with a current
Office hours are 8:30 a.m. to 5 p.m., e.t., IV. Conclusion clinical diagnosis of myocardial
Monday through Friday, except Federal
The Agency has determined that these infarction, angina pectoris, coronary
holidays. If you have questions
applicants do not satisfy the criteria insufficiency, thrombosis, or any other
regarding viewing or submitting
eligibility or meet the terms and cardiovascular disease of a variety
material to the docket, contact Docket
conditions for a Federal exemption and known to be accompanied by syncope,
Services, telephone (202) 366–9826.
granting these exemptions would not dyspnea, collapse, or congestive heart
SUPPLEMENTARY INFORMATION: failure. If granted, the exemptions
provide a level of safety that would be
I. Electronic Access equivalent to or greater than, the level would enable these individuals to
of safety that would be obtained by operate CMVs for up to two years in
You may see all the comments online
complying with the regulation 49 CFR interstate commerce.
through the Federal Document
Management System (FDMS) at: http:// 391.41(b)(8). Therefore, the 11 DATES: Comments must be received on
www.regulations.gov. applicants in this notice have been or before November 21, 2016.
Docket: For access to the docket to denied exemptions from the physical ADDRESSES: You may submit comments
read background documents or qualification standards in 49 CFR bearing the Federal Docket Management
comments, go to http:// 391.41(b)(8). System (FDMS) Docket ID FMCSA–
www.regulations.gov and/or Room Each applicant has, prior to this 2016–0353 using any of the following
W12–140 on the ground level of the notice, received a letter of final methods:
West Building, 1200 New Jersey Avenue disposition regarding his/her exemption • Federal eRulemaking Portal: Go to
SE., Washington, DC, between 9 a.m. request. Those decision letters fully www.regulations.gov. Follow the online
and 5 p.m., Monday through Friday, outlined the basis for the denial and instructions for submitting comments.
except Federal holidays. constitutes final action by the Agency. • Mail: Docket Management Facility;
mstockstill on DSK3G9T082PROD with NOTICES
Privacy Act: In accordance with 5 This notice summarizes the Agency’s U.S. Department of Transportation, 1200
U.S.C. 553(c), DOT solicits comments recent denials as required under 49 New Jersey Avenue SE., West Building
from the public to better inform its U.S.C. 31315(b)(4) by periodically Ground Floor, Room W12–140,
rulemaking process. DOT posts these publishing names and reasons for Washington, DC 20590–0001.
comments, without edit, including any denial. • Hand Delivery or Courier: West
personal information the commenter The following 11 applicants do not Building Ground Floor, Room W12–140,
provides, to http://www.regulations.gov, meet the minimum time requirement for 1200 New Jersey Avenue SE.,
VerDate Sep<11>2014 16:40 Oct 19, 2016 Jkt 241001 PO 00000 Frm 00100 Fmt 4703 Sfmt 4703 E:\FR\FM\20OCN1.SGM 20OCN1](https://thefederalregister.org/doc/81_FR_72864/page/1.svg)
Document Created: 2016-10-21 09:59:10
Document Modified: 2016-10-21 09:59:10
| 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 denials. | |
| Contact | Ms. Christine A. Hydock, Chief, Medical Programs Division, (202) 366-4001, [email protected], FMCSA, Department of Transportation, 1200 New Jersey Avenue SE., Room W64-224, Washington, DC 20590-0001. Office hours are 8:30 a.m. to 5 p.m., e.t., Monday through Friday, except Federal holidays. If you have questions regarding viewing or submitting material to the docket, contact Docket Services, telephone (202) 366-9826. | |
| FR Citation | 81 FR 72661 |
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