82_FR_42742 82 FR 42569 - Qualification of Drivers; Exemption Applications; Epilepsy and Seizure Disorders

82 FR 42569 - Qualification of Drivers; Exemption Applications; Epilepsy and Seizure Disorders

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration

Federal Register Volume 82, Issue 173 (September 8, 2017)

Page Range42569-42569
FR Document2017-19048

FMCSA announces its decision to deny applications from 24 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.

Federal Register, Volume 82 Issue 173 (Friday, September 8, 2017) 
[Federal Register Volume 82, Number 173 (Friday, September 8, 2017)]
[Notices]
[Page 42569]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-19048]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2017-0179]


Qualification of Drivers; Exemption Applications; Epilepsy and 
Seizure Disorders

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION: Notice of denials.

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SUMMARY: FMCSA announces its decision to deny applications from 24 
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 from 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 24 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 of the Federal 
exemption and granting these exemptions would not provide a level of 
safety that would be equivalent to or greater than, the level of safety 
that would be obtained by complying with the regulation 49 CFR 
391.41(b)(8). Therefore, the 24 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 24 applicants do not meet the minimum time 
requirement for being seizure-free, either on or off of anti-seizure 
medication:

Bigler, David (MN)
Borrell, Clinton (PA)
Callahayre, Jessa (MN)
Calvin, Vincent (IN)
Cross, James (MA)
Darden, John (CA)
Gold, Allan (NV)
Gonzales, Jeremiah (CO)
Gress, Gary (PA)
Hitchcock, Cody (PA)
La Canne, Harold (MN)
Lewis, Jeffrey (IN)
Lloyd, Craig (GA)
Mareda, Michael (OH)
Marrill, Timothy (MO)
Moore, Phillip (CT)
Nardi, Donna (NJ)
Oglenski, Daniel (MI)
Paul, Steven (WI)
Prynn, Roger (NY)
Rhone, Corey (MD)
Schumake, Michael (VA)
Stevens, Mark (FL)
Zeigler, Jesse (PA)

    Issued on: August 31, 2017.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2017-19048 Filed 9-7-17; 8:45 am]
 BILLING CODE 4910-EX-P

Federal Register / Vol. 82, No. 173 / Friday, September 8, 2017 / Notices 42569 future. No further briefing is necessary www.regulations.gov and/or Room Each applicant has, prior to this at this time. W12–140 on the ground level of the notice, received a letter of final It is ordered: West Building, 1200 New Jersey Avenue disposition regarding his/her exemption 1. Under 49 U.S.C. 10502(b), a SE., Washington, DC, between 9 a.m. request. Those decision letters fully proceeding is instituted. and 5 p.m., Monday through Friday, outlined the basis for the denial and 2. Notice of the Board’s action will be except Federal holidays. constitutes final action by the Agency. published in the Federal Register. Privacy Act: In accordance with 5 This notice summarizes the Agency’s 3. This decision is effective on its U.S.C. 553(c), DOT solicits comments recent denials as required under 49 service date. from the public to better inform its U.S.C. 31315(b)(4) by periodically Decided: September 5, 2017. rulemaking process. DOT posts these publishing names and reasons for By the Board, Rachel D. Campbell, comments, without edit, including any denial. Director, Office of Proceedings. personal information the commenter The following 24 applicants do not Jeffrey Herzig, provides, to http://www.regulations.gov, meet the minimum time requirement for Clearance Clerk. as described in the system of records being seizure-free, either on or off of notice (DOT/ALL–14 FDMS), which can anti-seizure medication: [FR Doc. 2017–19102 Filed 9–7–17; 8:45 am] BILLING CODE 4915–01–P be reviewed at http://www.dot.gov/ Bigler, David (MN) privacy. Borrell, Clinton (PA) Callahayre, Jessa (MN) II. Background Calvin, Vincent (IN) DEPARTMENT OF TRANSPORTATION Cross, James (MA) FMCSA received applications from 24 individuals who requested an Darden, John (CA) Federal Motor Carrier Safety exemption from the FMCSRs Gold, Allan (NV) Administration Gonzales, Jeremiah (CO) prohibiting persons with a clinical [Docket No. FMCSA–2017–0179] diagnosis of epilepsy or any other Gress, Gary (PA) condition that is likely to cause a loss Hitchcock, Cody (PA) Qualification of Drivers; Exemption of consciousness or any loss of ability to La Canne, Harold (MN) Applications; Epilepsy and Seizure operate a CMV from operating CMVs in Lewis, Jeffrey (IN) Disorders interstate commerce. Lloyd, Craig (GA) Mareda, Michael (OH) AGENCY: Federal Motor Carrier Safety FMCSA has evaluated the eligibility Marrill, Timothy (MO) Administration (FMCSA), DOT. of these applicants and concluded that Moore, Phillip (CT) ACTION: Notice of denials. granting these exemptions would not Nardi, Donna (NJ) provide a level of safety that would be Oglenski, Daniel (MI) SUMMARY: FMCSA announces its equivalent to or greater than, the level Paul, Steven (WI) decision to deny applications from 24 of safety that would be obtained by Prynn, Roger (NY) individuals who requested an complying with the regulation 49 CFR Rhone, Corey (MD) exemption from the Federal Motor 391.41(b)(8). Schumake, Michael (VA) Carrier Safety Regulations (FMCSRs) Stevens, Mark (FL) prohibiting persons with a clinical III. Basis for Exemption Determination Zeigler, Jesse (PA) diagnosis of epilepsy or any other Under 49 U.S.C. 31136(e) and 31315, Issued on: August 31, 2017. condition that is likely to cause a loss FMCSA may grant an exemption for two Larry W. Minor, of consciousness or any loss of ability to years if it finds ‘‘such an exemption operate a commercial motor vehicle Associate Administrator for Policy. would likely achieve a level of safety (CMV) from operating CMVs in that is equivalent to, or greater than, the [FR Doc. 2017–19048 Filed 9–7–17; 8:45 am] interstate commerce. level that would be achieved absent BILLING CODE 4910–EX–P FOR FURTHER INFORMATION CONTACT: Ms. such an exemption.’’ Christine A. Hydock, Chief, Medical The Agency’s decision regarding these DEPARTMENT OF TRANSPORTATION Programs Division, (202) 366–4001, exemption applications is based on the fmcsamedical@dot.gov, FMCSA, eligibility criteria, the terms and Maritime Administration Department of Transportation, 1200 conditions for Federal exemptions, and New Jersey Avenue SE., Room W64– an individualized assessment of each [Docket No. MARAD–2017–0149] 224, Washington, DC 20590–0001. applicant’s medical information Office hours are from 8:30 a.m. to 5 provided by the applicant. Requested Administrative Waiver of p.m., E.T., Monday through Friday, the Coastwise Trade Laws: Vessel IV. Conclusion SILVER MAMA; Invitation for Public except Federal holidays. If you have questions regarding viewing or The Agency has determined that these Comments submitting material to the docket, applicants do not satisfy the criteria AGENCY: Maritime Administration, DOT. contact Docket Services, telephone (202) eligibility or meet the terms and ACTION: Notice. 366–9826. conditions of the Federal exemption and SUPPLEMENTARY INFORMATION: granting these exemptions would not SUMMARY: The Secretary of provide a level of safety that would be Transportation, as represented by the I. Electronic Access equivalent to or greater than, the level Maritime Administration (MARAD), is sradovich on DSK3GMQ082PROD with NOTICES You may see all the comments online of safety that would be obtained by authorized to grant waivers of the U.S.- through the Federal Document complying with the regulation 49 CFR build requirement of the coastwise laws Management System (FDMS) at: http:// 391.41(b)(8). Therefore, the 24 under certain circumstances. A request www.regulations.gov. applicants in this notice have been for such a waiver has been received by Docket: For access to the docket to denied exemptions from the physical MARAD. The vessel, and a brief read background documents or qualification standards in 49 CFR description of the proposed service, is comments, go to http:// 391.41(b)(8). listed below. VerDate Sep<11>2014 17:18 Sep 07, 2017 Jkt 241001 PO 00000 Frm 00030 Fmt 4703 Sfmt 4703 E:\FR\FM\08SEN1.SGM 08SEN1


Document Created: 2018-10-24 14:10:22
Document Modified: 2018-10-24 14:10:22
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 denials.
ContactMs. 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 from 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 Citation82 FR 42569 
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