82 FR 56107 - Qualification of Drivers; Exemption Applications; Epilepsy and Seizure Disorders

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration

Federal Register Volume 82, Issue 226 (November 27, 2017)

Page Range		56107-56108
FR Document		2017-25518

FMCSA announces its decision to deny applications from 35 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 226 (Monday, November 27, 2017)

[Federal Register Volume 82, Number 226 (Monday, November 27, 2017)]
[Notices]
[Pages 56107-56108]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-25518]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-FMCSA-2017-0251]


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 35 
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., 
ET, 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., ET, 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.

[[Page 56108]]

II. Background

    FMCSA received applications from 35 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 five 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. FMCSA grants exemptions 
from the FMCSRs for a two-year period to align with the maximum 
duration of a driver's medical certification.
    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 35 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 25 applicants do not meet the minimum time 
requirement for being seizure-free, either on or off of anti-seizure 
medication:

Terrence Aires (CO)
Zackary Anderson (KS)
Adolfito Arciaga, Jr. (CA)
Melissa N. Barregan (NC)
Bret R. Calderwood (PA)
Paul E. Capozzi (MA)
William F. Castle (IA)
Norma Coffin (NY)
Joel Duffina (NH)
Robert R. Freeman (NC)
Albert Giovianazzi (NJ)
Cecilia L. Gonzalez (CA)
Peter M. Gustey (OR)
Phillip W. Helms (NC)
Jadwin Johnson (OH)
Franklin King (AR)
Buck Konkol (WI)
Shaun G. McChesney (ND)
Donald McGlamery (NC)
Anthony J. Melillo (CT)
Joseph M. Ruley (IA)
Lucas T. Sorey (NC)
Robert C. Spencer (FL)
David J. Tune (MN)
Robbie Weiland (WI)

    The following applicant did not obtain the support of his physician 
to operate a vehicle in interstate commerce:

Taylor Valentine (NY)

    The following nine applicants are intrastate drivers:

Anthony Anello, III (NJ)
Sonny Chase (MN)
Thomas G. Davis (PA)
Jarel Hathaway (UT)
Joe L. King, Jr. (NC)
Edward C. McCachren (NJ)
Sean Plover (PA)
William Swick (MI)
Kevin D. Weber (WV)

    Issued on: November 17, 2017.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2017-25518 Filed 11-24-17; 8:45 am]
 BILLING CODE 4910-EX-P

Federal Register / Vol. 82, No. 226 / Monday, November 27, 2017 / Notices 56107

conditions are qualified to operate a obtaining an exemption from the DEPARTMENT OF TRANSPORTATION
CMV in interstate commerce. [49 CFR epilepsy and seizure disorders
part 391, APPENDIX A TO PART 391— prohibition in the FMCSRs for interstate Federal Motor Carrier Safety
MEDICAL ADVISORY CRITERIA, CMV drivers: Joshua Abel (MD); Jeremy Administration
section H. Epilepsy: § 391.41(b)(8), H. Fryburg (PA); and Anthony E.
paragraphs 3, 4, and 5.] Martens (SD). [Docket No. FMCSA–FMCSA–2017–0251]
The three individuals listed in this The drivers were included in docket
notice have requested renewal of their number FMCSA–2015–0118. Their Qualification of Drivers; Exemption
exemptions from the epilepsy and exemptions are applicable as of October Applications; Epilepsy and Seizure
seizure disorders prohibition in 49 CFR 22, 2017, and will expire on October 22, Disorders
391.41(b)(8), in accordance with 2019.
FMCSA procedures. Accordingly, AGENCY: Federal Motor Carrier Safety
FMCSA has evaluated these IV. Conditions and Requirements Administration (FMCSA), DOT.
applications for renewal on their merits ACTION: Notice of denials.
The exemptions are extended subject
and decided to extend each exemption
to the following conditions: (1) Each SUMMARY: FMCSA announces its
for a renewable two-year period.
driver must remain seizure-free and decision to deny applications from 35
II. Request for Comments maintain a stable treatment during the individuals who requested an
Interested parties or organizations two-year exemption period; (2) each exemption from the Federal Motor
possessing information that would driver must submit annual reports from Carrier Safety Regulations (FMCSRs)
otherwise show that any, or all, of these their treating physicians attesting to the prohibiting persons with a clinical
drivers are not currently achieving the stability of treatment and that the driver diagnosis of epilepsy or any other
statutory level of safety should has remained seizure-free; (3) each condition that is likely to cause a loss
immediately notify FMCSA. The driver must undergo an annual medical of consciousness or any loss of ability to
Agency will evaluate any adverse examination by a certified Medical operate a commercial motor vehicle
evidence submitted and, if safety is Examiner, as defined by 49 CFR 390.5; (CMV) from operating CMVs in
being compromised or if continuation of and (4) each driver must provide a copy interstate commerce.
the exemption would not be consistent of the annual medical certification to
FOR FURTHER INFORMATION CONTACT: Ms.
with the goals and objectives of 49 the employer for retention in the
driver’s qualification file, or keep a copy Christine A. Hydock, Chief, Medical
U.S.C. 31136(e) and 31315, FMCSA will Programs Division, (202) 366–4001,
take immediate steps to revoke the of his/her driver’s qualification file if
he/she is self-employed. The driver fmcsamedical@dot.gov, FMCSA,
exemption of a driver. Department of Transportation, 1200
must also have a copy of the exemption
III. Basis for Renewing Exemptions when driving, for presentation to a duly New Jersey Avenue SE., Room W64–
In accordance with 49 U.S.C. 31136(e) authorized Federal, State, or local 224, Washington, DC 20590–0001.
and 31315, each of the three applicants enforcement official. The exemption Office hours are from 8:30 a.m. to 5
has satisfied the renewal conditions for will be rescinded if: (1) The person fails p.m., ET, Monday through Friday,
obtaining an exemption from the to comply with the terms and except Federal holidays. If you have
epilepsy and seizure disorders conditions of the exemption; (2) the questions regarding viewing or
prohibition. The three drivers in this exemption has resulted in a lower level submitting material to the docket,
notice remain in good standing with the of safety than was maintained before it contact Docket Services, telephone (202)
Agency, have maintained their medical was granted; or (3) continuation of the 366–9826.
monitoring and have not exhibited any exemption would not be consistent with SUPPLEMENTARY INFORMATION:
medical issues that would compromise the goals and objectives of 49 U.S.C. I. Electronic Access
their ability to safely operate a CMV 31136(e) and 31315.
during the previous two-year exemption You may see all the comments online
V. Preemption through the Federal Document
period. In addition, for Commercial
Driver’s License (CDL) holders, the During the period the exemption is in Management System (FDMS) at: http://
Commercial Driver’s License effect, no State shall enforce any law or www.regulations.gov.
Information System (CDLIS) and the regulation that conflicts with this Docket: For access to the docket to
Motor Carrier Management Information exemption with respect to a person read background documents or
System (MCMIS) are searched for crash operating under the exemption. comments, go to http://
and violation data. For non-CDL www.regulations.gov and/or Room
holders, the Agency reviews the driving VI. Conclusion W12–140 on the ground level of the
records from the State Driver’s Based upon its evaluation of the three West Building, 1200 New Jersey Avenue
Licensing Agency (SDLA). These factors exemption applications, FMCSA renews SE., Washington, DC, between 9 a.m.
provide an adequate basis for predicting the exemptions of the aforementioned and 5 p.m., ET, Monday through Friday,
each driver’s ability to continue to drivers from the epilepsy and seizure except Federal holidays.
safely operate a CMV in interstate disorders prohibition in 49 CFR 391.41 Privacy Act: In accordance with 5
commerce. Therefore, FMCSA (b)(8). In accordance with 49 U.S.C. U.S.C. 553(c), DOT solicits comments
asabaliauskas on DSKBBXCHB2PROD with NOTICES

concludes that extending the exemption 31136(e) and 31315, each exemption from the public to better inform its
for each renewal applicant for a period will be valid for two years unless rulemaking process. DOT posts these
of two years is likely to achieve a level revoked earlier by FMCSA. comments, without edit, including any
of safety equal to that existing without personal information the commenter
Issued on: November 17, 2017. provides, to http://www.regulations.gov,
the exemption.
As of October 22, 2017, and in Larry W. Minor, as described in the system of records
accordance with 49 U.S.C. 31136(e) and Associate Administrator for Policy. notice (DOT/ALL–14 FDMS), which can
31315, the following three individuals [FR Doc. 2017–25520 Filed 11–24–17; 8:45 am] be reviewed at http://www.dot.gov/
have satisfied the renewal conditions for BILLING CODE 4910–EX–P privacy.

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56108 Federal Register / Vol. 82, No. 226 / Monday, November 27, 2017 / Notices

II. Background Terrence Aires (CO) with a clinical diagnosis of epilepsy or
FMCSA received applications from 35 Zackary Anderson (KS) any other condition that is likely to
individuals who requested an Adolfito Arciaga, Jr. (CA) cause a loss of consciousness or any loss
exemption from the FMCSRs Melissa N. Barregan (NC) of ability to control a commercial motor
prohibiting persons with a clinical Bret R. Calderwood (PA) vehicle (CMV) to drive in interstate
diagnosis of epilepsy or any other Paul E. Capozzi (MA) commerce. If granted, the exemptions
condition that is likely to cause a loss William F. Castle (IA) would enable these individuals who
of consciousness or any loss of ability to Norma Coffin (NY) have had one or more seizures and are
operate a CMV from operating CMVs in Joel Duffina (NH) taking anti-seizure medication to
interstate commerce. Robert R. Freeman (NC) operate CMVs in interstate commerce.
FMCSA has evaluated the eligibility Albert Giovianazzi (NJ) DATES: Comments must be received on
of these applicants and concluded that Cecilia L. Gonzalez (CA) or before December 27, 2017.
granting these exemptions would not Peter M. Gustey (OR)
ADDRESSES: You may submit comments
provide a level of safety that would be Phillip W. Helms (NC)
Jadwin Johnson (OH) bearing the Federal Docket Management
equivalent to or greater than, the level System (FDMS) Docket No. FMCSA–
of safety that would be obtained by Franklin King (AR)
Buck Konkol (WI) 2017–0252 using any of the following
complying with the regulation 49 CFR methods:
Shaun G. McChesney (ND)
391.41(b)(8).
Donald McGlamery (NC) • Federal eRulemaking Portal: Go to
III. Basis for Exemption Determination Anthony J. Melillo (CT) http://www.regulations.gov. Follow the
Joseph M. Ruley (IA) online instructions for submitting
Under 49 U.S.C. 31136(e) and 31315, comments.
FMCSA may grant an exemption for five Lucas T. Sorey (NC)
Robert C. Spencer (FL) • Mail: Docket Management Facility;
years if it finds such an exemption U.S. Department of Transportation, 1200
would likely achieve a level of safety David J. Tune (MN)
Robbie Weiland (WI) New Jersey Avenue SE., West Building
that is equivalent to, or greater than, the Ground Floor, Room W12–140,
level that would be achieved absent The following applicant did not
obtain the support of his physician to Washington, DC 20590–0001.
such an exemption. FMCSA grants • Hand Delivery: West Building
exemptions from the FMCSRs for a two- operate a vehicle in interstate
commerce: Ground Floor, Room W12–140, 1200
year period to align with the maximum
New Jersey Avenue SE., Washington,
duration of a driver’s medical Taylor Valentine (NY) DC, between 9 a.m. and 5 p.m., ET,
certification. The following nine applicants are
The Agency’s decision regarding these Monday through Friday, except Federal
intrastate drivers: Holidays.
exemption applications is based on the
eligibility criteria, the terms and
Anthony Anello, III (NJ) • Fax: 1–202–493–2251.
Sonny Chase (MN) Instructions: Each submission must
conditions for Federal exemptions, and
Thomas G. Davis (PA) include the Agency name and the
an individualized assessment of each
Jarel Hathaway (UT) docket number(s) for this notice. Note
applicant’s medical information
Joe L. King, Jr. (NC) that all comments received will be
provided by the applicant.
Edward C. McCachren (NJ) posted without change to http://
IV. Conclusion Sean Plover (PA) www.regulations.gov, including any
The Agency has determined that these William Swick (MI) personal information provided. Please
applicants do not satisfy the criteria Kevin D. Weber (WV) see the Privacy Act heading below for
eligibility or meet the terms and Issued on: November 17, 2017. further information.
conditions of the Federal exemption and Larry W. Minor, Docket: For access to the docket to
granting these exemptions would not Associate Administrator for Policy.
read background documents or
provide a level of safety that would be comments, go to http://
[FR Doc. 2017–25518 Filed 11–24–17; 8:45 am]
equivalent to or greater than, the level www.regulations.gov at any time or
BILLING CODE 4910–EX–P
of safety that would be obtained by Room W12–140 on the ground level of
complying with the regulation 49 CFR the West Building, 1200 New Jersey
391.41(b)(8). Therefore, the 35 DEPARTMENT OF TRANSPORTATION Avenue SE., Washington, DC, between 9
applicants in this notice have been a.m. and 5 p.m., ET, Monday through
denied exemptions from the physical Federal Motor Carrier Safety Friday, except Federal holidays. The
qualification standards in 49 CFR Administration FDMS is available 24 hours each day,
391.41(b)(8). 365 days each year. If you want
Each applicant has, prior to this [Docket No. FMCSA–2017–0252] acknowledgment that we received your
notice, received a letter of final comments, please include a self-
Qualification of Drivers; Exemption
disposition regarding his/her exemption addressed, stamped envelope or
Applications; Epilepsy and Seizure
request. Those decision letters fully postcard or print the acknowledgement
Disorders
outlined the basis for the denial and page that appears after submitting
constitutes final action by the Agency. AGENCY: Federal Motor Carrier Safety comments online.
asabaliauskas on DSKBBXCHB2PROD with NOTICES

This notice summarizes the Agency’s Administration (FMCSA), DOT. Privacy Act: In accordance with 5
recent denials as required under 49 ACTION: Notice of applications for U.S.C. 553(c), DOT solicits comments
U.S.C. 31315(b)(4) by periodically exemption; request for comments. from the public to better inform its
publishing names and reasons for rulemaking process. DOT posts these
denial. SUMMARY: FMCSA announces receipt of comments, without edit, including any
The following 25 applicants do not applications from two individuals for an personal information the commenter
meet the minimum time requirement for exemption from the prohibition in the provides, to http://www.regulations.gov,
being seizure-free, either on or off of Federal Motor Carrier Safety as described in the system of records
anti-seizure medication: Regulations (FMCSRs) against persons notice (DOT/ALL–14 FDMS), which can

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Document Created: 2017-11-25 01:08:53
Document Modified: 2017-11-25 01:08:53

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 from 8:30 a.m. to 5 p.m., ET, Monday through Friday, except Federal holidays. If you have questions regarding viewing or submitting material to the docket, contact Docket Services, telephone (202) 366-9826.
FR Citation		82 FR 56107

82 FR 56107 - Qualification of Drivers; Exemption Applications; Epilepsy and Seizure Disorders

DEPARTMENT OF TRANSPORTATIONFederal Motor Carrier Safety Administration

Federal Register Volume 82, Issue 226 (November 27, 2017)

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration