83_FR_17959 83 FR 17880 - Qualification of Drivers; Exemption Applications; Epilepsy and Seizure Disorders

83 FR 17880 - Qualification of Drivers; Exemption Applications; Epilepsy and Seizure Disorders

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration

Federal Register Volume 83, Issue 79 (April 24, 2018)

Page Range17880-17881
FR Document2018-08507

FMCSA announces its decision to deny applications from 28 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 83 Issue 79 (Tuesday, April 24, 2018) 
[Federal Register Volume 83, Number 79 (Tuesday, April 24, 2018)]
[Notices]
[Pages 17880-17881]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-08507]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2017-0255]


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 28 
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.

[[Page 17881]]


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., E.T., 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 28 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 28 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 19 applicants do not meet the minimum time 
requirement for being seizure-free, either on or off of anti-seizure 
medication:

Rickie Brown (TX)
Steven F. Buetel (IA)
Caleb Coulter (VT)
Christopher Dowling (IN)
Seth Foster (MO)
Paul W. Gibson (AZ)
Christopher J. Gilbert (VA)
Sean J. Gongaware (PA)
Norma Haus (MN)
Alan E. Houser (IN)
David Hudson (WV)
Barbara Miller (TX)
John Pounds (NY)
William Senn (SC)
Michael Shumake (VA)
Donald V. Soto (NY)
Joshua Thomas (MN)
Johnny Toles (IN)
Brian J. Underwood (OH)

    The following eight applicants are intrastate drivers:

Dwayne A. Burrus (NY)
Paul E. Faatz (OH)
Paul M. Gorzycki (MN)
Justin Kerbow (OR)
Michael R. Miles (MA)
Amy Powell (WI)
Michael J. Shea (NJ)
Daisy Tapia (NY)

    The following applicant is under 21 years old:

Austin Freeland (WI)

    Issued on: April 18, 2018.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2018-08507 Filed 4-23-18; 8:45 am]
 BILLING CODE 4910-EX-P

17880 Federal Register / Vol. 83, No. 79 / Tuesday, April 24, 2018 / Notices rather than an individual analysis of medication, with the dosage and To submit your comment online, go to their circumstances by a qualified frequency remaining the same since http://www.regulations.gov and in the Medical Examiner based on the physical 2013. His physician states that he is search box insert the docket number qualification standards and medical best supportive of Mr. Kienel receiving an FMCSA–2018–0051 and click the search practices. exemption. button. When the new screen appears, On January 15, 2013, FMCSA click on the blue ‘‘Comment Now!’’ announced in a Notice of Final Joe L. King, Jr. button on the right hand side of the Disposition titled, Qualification of Mr. King is a 49-year-old Class C page. On the new page, enter Drivers; Exemption Applications; driver in North Carolina. He has a information required including the Epilepsy and Seizure Disorders, (78 FR history of a single provoked seizure and specific section of this document to 3069), its decision to grant requests from has been seizure free since 2017. He which each comment applies, and 22 individuals for exemptions from the stopped taking anti-seizure medication provide a reason for each suggestion or regulatory requirement that interstate in 2017. His physician states that he is recommendation. If you submit your CMV drivers have ‘‘no established supportive of Mr. King receiving an comments by mail or hand delivery, medical history or clinical diagnosis of exemption. submit them in an unbound format, no epilepsy or any other condition which larger than 81⁄2 by 11 inches, suitable for is likely to cause loss of consciousness Daniel L. Martin copying and electronic filing. If you or any loss of ability to control a CMV.’’ Mr. Martin is a 39-year-old Class B submit comments by mail and would Since the January 15, 2013 notice, the driver in Iowa. He has a history of a like to know that they reached the Agency has published additional single unprovoked seizure and has been facility, please enclose a stamped, self- notices granting requests from seizure free since 1994. He stopped addressed postcard or envelope. individuals for exemptions from the taking anti-seizure medication in 1997. We will consider all comments and regulatory requirement regarding His physician states that he is materials received during the comment epilepsy found in 49 CFR 391.41(b)(8). supportive of Mr. Martin receiving an period. FMCSA may issue a final To be considered for an exemption exemption. determination at any time after the close from the epilepsy and seizure disorders of the comment period. prohibition in 49 CFR 391.41(b)(8), Phillip Moore applicants must meet the criteria in the Mr. Moore is a 57-year-old Class A V. Viewing Comments and Documents 2007 recommendations of the Agency’s driver in Connecticut. He has a history To view comments, as well as any Medical Expert Panel (MEP) (78 FR of a single unprovoked seizure and has documents mentioned in this preamble, 3069). been seizure free since 2013. He takes go to http://www.regulations.gov and in anti-seizure medication, with the dosage the search box insert the docket number II. Qualifications of Applicants and frequency remaining the same since FMCSA–2018–0051 and click ‘‘Search.’’ Steven H. Ford 2013. His physician states that he is Next, click ‘‘Open Docket Folder’’ and Mr. Ford is a 59-year-old Class D supportive of Mr. Moore receiving an you will find all documents and driver in Wisconsin. He has a history of exemption. comments related to this notice. epilepsy and has been seizure free since Joshua Thomas Issued on: April 18, 2018. 1995. He takes anti-seizure medication, Larry W. Minor, with the dosage and frequency Mr. Thomas is a 29-year-old Class D Associate Administrator for Policy. remaining the same since 1995. His driver in Minnesota. He has a history of [FR Doc. 2018–08508 Filed 4–23–18; 8:45 am] physician states that he is supportive of a seizure disorder and has been seizure BILLING CODE 4910–EX–P Mr. Ford receiving an exemption. free since 2010. He takes anti-seizure medication, with the dosage and Scott Habeck frequency remaining the same since DEPARTMENT OF TRANSPORTATION Mr. Habeck is a 55-year-old Class A3 2012. His physician states that he is driver in South Dakota. He has a history supportive of Mr. Thomas receiving an Federal Motor Carrier Safety of epilepsy and has been seizure free exemption. Administration since 2006. He takes anti-seizure III. Request for Comments [Docket No. FMCSA–2017–0255] medication, with the dosage and frequency remaining the same since In accordance with 49 U.S.C. 31136(e) and 31315, FMCSA requests public Qualification of Drivers; Exemption 2006. His physician states that he is Applications; Epilepsy and Seizure supportive of Mr. Habeck receiving an comment from all interested persons on the exemption petitions described in Disorders exemption. this notice. We will consider all AGENCY: Federal Motor Carrier Safety Nathan E. Kanouff comments received before the close of Administration (FMCSA), DOT. Mr. Kanouff is a 37-year-old Class AM business on the closing date indicated ACTION: Notice of denials. driver in Georgia. He has a history of in the dates section of the notice. epilepsy and has been seizure free since SUMMARY: FMCSA announces its IV. Submitting Comments decision to deny applications from 28 2009. He takes anti-seizure medication, with the dosage and frequency You may submit your comments and individuals who requested an remaining the same since 2013. His material online or by fax, mail, or hand exemption from the Federal Motor physician states that he is supportive of delivery, but please use only one of Carrier Safety Regulations (FMCSRs) daltland on DSKBBV9HB2PROD with NOTICES Mr. Kanouff receiving an exemption. these means. FMCSA recommends that prohibiting persons with a clinical you include your name and a mailing diagnosis of epilepsy or any other Richard L. Kienel, Jr. address, an email address, or a phone condition that is likely to cause a loss Mr. Kienel is a 36-year-old Class C number in the body of your document of consciousness or any loss of ability to driver in Georgia. He has a history of a so that FMCSA can contact you if there operate a commercial motor vehicle seizure disorder and has been seizure are questions regarding your (CMV) from operating CMVs in free since 1999. He takes anti-seizure submission. interstate commerce. VerDate Sep<11>2014 17:03 Apr 23, 2018 Jkt 244001 PO 00000 Frm 00093 Fmt 4703 Sfmt 4703 E:\FR\FM\24APN1.SGM 24APN1

Federal Register / Vol. 83, No. 79 / Tuesday, April 24, 2018 / Notices 17881 FOR FURTHER INFORMATION CONTACT: Ms. year period to align with the maximum Michael J. Shea (NJ) Christine A. Hydock, Chief, Medical duration of a driver’s medical Daisy Tapia (NY) Programs Division, (202) 366–4001, certification. The following applicant is under 21 fmcsamedical@dot.gov, FMCSA, The Agency’s decision regarding these years old: Department of Transportation, 1200 exemption applications is based on the Austin Freeland (WI) New Jersey Avenue SE, Room W64–224, eligibility criteria, the terms and Issued on: April 18, 2018. Washington, DC 20590–0001. Office conditions for Federal exemptions, and hours are from 8:30 a.m. to 5 p.m., E.T., an individualized assessment of each Larry W. Minor, Monday through Friday, except Federal applicant’s medical information Associate Administrator for Policy. holidays. If you have questions provided by the applicant. [FR Doc. 2018–08507 Filed 4–23–18; 8:45 am] regarding viewing or submitting BILLING CODE 4910–EX–P material to the docket, contact Docket IV. Conclusion Services, telephone (202) 366–9826. The Agency has determined that these SUPPLEMENTARY INFORMATION: applicants do not satisfy the criteria DEPARTMENT OF TRANSPORTATION eligibility or meet the terms and I. Electronic Access conditions of the Federal exemption and Federal Motor Carrier Safety You may see all the comments online granting these exemptions would not Administration through the Federal Document provide a level of safety that would be [Docket No. FMCSA–2017–0059] Management System (FDMS) at: http:// equivalent to or greater than, the level www.regulations.gov. of safety that would be obtained by Qualification of Drivers; Exemption Docket: For access to the docket to complying with the regulation 49 CFR Applications; Hearing read background documents or 391.41(b)(8). Therefore, the 28 AGENCY: Federal Motor Carrier Safety comments, go to http:// applicants in this notice have been Administration (FMCSA), DOT. www.regulations.gov and/or Room denied exemptions from the physical W12–140 on the ground level of the ACTION: Notice of final disposition. qualification standards in 49 CFR West Building, 1200 New Jersey Avenue 391.41(b)(8). SUMMARY: FMCSA announces its SE, Washington, DC, between 9 a.m. and Each applicant has, prior to this decision to exempt 30 individuals from 5 p.m., E.T., Monday through Friday, notice, received a letter of final the hearing requirement in the Federal except Federal holidays. disposition regarding his/her exemption Motor Carrier Safety Regulations Privacy Act: In accordance with 5 request. Those decision letters fully (FMCSRs) to operate a commercial U.S.C. 553(c), DOT solicits comments outlined the basis for the denial and motor vehicle (CMV) in interstate from the public to better inform its constitutes final action by the Agency. commerce. The exemptions enable these rulemaking process. DOT posts these This notice summarizes the Agency’s hard of hearing and deaf individuals to comments, without edit, including any recent denials as required under 49 operate CMVs in interstate commerce. personal information the commenter U.S.C. 31315(b)(4) by periodically DATES: The exemptions were applicable provides, to http://www.regulations.gov, publishing names and reasons for on April 2, 2018. The exemptions expire as described in the system of records denial. on April 2, 2020. notice (DOT/ALL–14 FDMS), which can The following 19 applicants do not be reviewed at http://www.dot.gov/ FOR FURTHER INFORMATION CONTACT: Ms. meet the minimum time requirement for privacy. Christine A. Hydock, Chief, Medical being seizure-free, either on or off of Programs Division, (202) 366–4001, II. Background anti-seizure medication: fmcsamedical@dot.gov, FMCSA, FMCSA received applications from 28 Rickie Brown (TX) Department of Transportation, 1200 individuals who requested an Steven F. Buetel (IA) New Jersey Avenue SE, Room W64–224, Caleb Coulter (VT) Washington, DC 20590–0001. Office exemption from the FMCSRs Christopher Dowling (IN) hours are from 8:30 a.m. to 5 p.m., e.t., prohibiting persons with a clinical Seth Foster (MO) Monday through Friday, except Federal diagnosis of epilepsy or any other Paul W. Gibson (AZ) holidays. If you have questions condition that is likely to cause a loss Christopher J. Gilbert (VA) regarding viewing or submitting of consciousness or any loss of ability to Sean J. Gongaware (PA) material to the docket, contact Docket operate a CMV from operating CMVs in Norma Haus (MN) Services, telephone (202) 366–9826. interstate commerce. FMCSA has evaluated the eligibility Alan E. Houser (IN) SUPPLEMENTARY INFORMATION: David Hudson (WV) of these applicants and concluded that Barbara Miller (TX) I. Electronic Access granting these exemptions would not John Pounds (NY) You may see all the comments online provide a level of safety that would be William Senn (SC) through the Federal Document equivalent to or greater than, the level Michael Shumake (VA) Management System (FDMS) at: http:// of safety that would be obtained by Donald V. Soto (NY) www.regulations.gov. complying with the regulation 49 CFR Joshua Thomas (MN) Docket: For access to the docket to 391.41(b)(8). Johnny Toles (IN) read background documents or III. Basis for Exemption Determination Brian J. Underwood (OH) comments, go to http:// Under 49 U.S.C. 31136(e) and 31315, The following eight applicants are www.regulations.gov and/or Room daltland on DSKBBV9HB2PROD with NOTICES FMCSA may grant an exemption for five intrastate drivers: W12–140 on the ground level of the years if it finds such an exemption Dwayne A. Burrus (NY) West Building, 1200 New Jersey Avenue would likely achieve a level of safety Paul E. Faatz (OH) SE, Washington, DC, between 9 a.m. and that is equivalent to, or greater than, the Paul M. Gorzycki (MN) 5 p.m., e.t., Monday through Friday, level that would be achieved absent Justin Kerbow (OR) except Federal holidays. such an exemption. FMCSA grants Michael R. Miles (MA) Privacy Act: In accordance with 5 exemptions from the FMCSRs for a two- Amy Powell (WI) U.S.C. 553(c), DOT solicits comments VerDate Sep<11>2014 17:03 Apr 23, 2018 Jkt 244001 PO 00000 Frm 00094 Fmt 4703 Sfmt 4703 E:\FR\FM\24APN1.SGM 24APN1


Document Created: 2018-04-24 00:38:51
Document Modified: 2018-04-24 00:38:51
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 Citation83 FR 17880 
2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR