83 FR 40629 - Qualification of Drivers; Exemption Applications; Epilepsy and Seizure Disorders

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration

Federal Register Volume 83, Issue 158 (August 15, 2018)

Page Range		40629-40630
FR Document		2018-17565

FMCSA announces its decision to deny applications from 39 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 158 (Wednesday, August 15, 2018)

[Federal Register Volume 83, Number 158 (Wednesday, August 15, 2018)]
[Notices]
[Pages 40629-40630]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-17565]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2018-0555]


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 39 
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., 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 39 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 39 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 35 applicants do not meet the minimum time 
requirement for being seizure-free, either on or off of anti-seizure 
medication:

David M. Allyn (CT)
Daniel Bailey (NY)
Tiffany Banks (NV)
Lorenzo Barber (IL)
Richard Benjamin (AL)
Edward Blankenstein II (PA)
Charles Border (NM)
Andrew Browder (AL)
Pietro Capobianco (NJ)
Jon Cole (ID)
Michael Cole (NJ)
Charles Cournoyer (MA)
Ryan Daws (MN)
Shawn Durbin (UT)
William Everett (OH)

[[Page 40630]]

Taxhidin Ferati (WI)
Terry Friedrichs (MN)
Adam Fyle (NC)
Keith Hubbard (WV)
Thomas R. James (MN)
Kevin Jandreau (ME)
David Johnston (MN)
Douglas Kelbley (OH)
Timothy T. Leonard (CA)
Steven W. Massman (MN)
Kevin Mathis (NJ)
John McGhee (ND)
Brian Nelson (MO)
Raymond Phillips (FL)
Timothy Picot (MD)
Luis Tirado (PA)
William E. Turner (VA)
Blaine T. Weinsensel (WI)
Jeffrey J. Werner (WI)
Scott Wesner (WI)

    The following four applicants do not meet the minimum time 
requirement for a stable anti-seizure medication dosage:

Steven L. Amell, Sr. (VT)
Thomas H. Lee (VA)
Gregory Long (CT)
Christopher Phillips (PA)

     Issued on: August 8, 2018.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2018-17565 Filed 8-14-18; 8:45 am]
BILLING CODE 4910-EX-P

Federal Register / Vol. 83, No. 158 / Wednesday, August 15, 2018 / Notices 40629

Michael E. Jones (IL) SUMMARY: FMCSA announces its of safety that would be obtained by
Darius R. Law (FL) decision to deny applications from 39 complying with the regulation 49 CFR
Robert C. Martin (WA) individuals who requested an 391.41(b)(8).
Mark W. McTaggart (IL) exemption from the Federal Motor
Noel V. Munoz (NM) III. Basis for Exemption Determination
Carrier Safety Regulations (FMCSRs)
Ivan Romero (IL) prohibiting persons with a clinical Under 49 U.S.C. 31136(e) and 31315,
Steve A. Taylor (NC) FMCSA may grant an exemption for five
diagnosis of epilepsy or any other
The drivers were included in docket condition that is likely to cause a loss years if it finds such an exemption
number FMCSA–2016–0029. Their of consciousness or any loss of ability to would likely achieve a level of safety
exemptions are applicable as of July 29, operate a commercial motor vehicle that is equivalent to, or greater than, the
2018, and will expire on July 29, 2020. (CMV) from operating CMVs in level that would be achieved absent
As of July 30, 2018, and in accordance interstate commerce. such an exemption. FMCSA grants
with 49 U.S.C. 31136(e) and 31315, the exemptions from the FMCSRs for a two-
FOR FURTHER INFORMATION CONTACT: Ms.
following six individuals have satisfied year period to align with the maximum
the renewal conditions for obtaining an Christine A. Hydock, Chief, Medical
Programs Division, (202) 366–4001, duration of a driver’s medical
exemption from the vision requirement certification.
in the FMCSRs for interstate CMV fmcsamedical@dot.gov, FMCSA,
Department of Transportation, 1200 The Agency’s decision regarding these
drivers (71 FR 32183; 71 FR 41310; 73 exemption applications is based on the
FR 36955; 75 FR 25917; 75 FR 36779; New Jersey Avenue SE, Room W64–224,
Washington, DC 20590–0001. Office eligibility criteria, the terms and
75 FR 39729; 77 FR 33017; 77 FR 36338; conditions for Federal exemptions, and
77 FR 38384; 77 FR 44708; 79 FR 37843; hours are from 8:30 a.m. to 5 p.m., e.t.,
Monday through Friday, except Federal an individualized assessment of each
79 FR 38661; 81 FR 96196): applicant’s medical information
holidays. If you have questions
Lester M. Ellingson, Jr. (ND) provided by the applicant.
regarding viewing or submitting
Damon G. Gallardo (CA)
Daniel L. Grover (KS) material to the docket, contact Docket IV. Conclusion
Larry A. Nienhuis (MI) Services, telephone (202) 366–9826.
The Agency has determined that these
Gregory A. Reinert (MN) SUPPLEMENTARY INFORMATION: applicants do not satisfy the criteria
Joseph B. Shaw, Jr. (VA) eligibility or meet the terms and
I. Electronic Access
The drivers were included in docket conditions of the Federal exemption and
numbers FMCSA–2006–24783; You may see all the comments online granting these exemptions would not
FMCSA–2010–0082; FCMSA–2012– through the Federal Document provide a level of safety that would be
0106. Their exemptions are applicable Management System (FDMS) at: http:// equivalent to or greater than, the level
as of July 30, 2018, and will expire on www.regulations.gov. of safety that would be obtained by
July 30, 2020. Docket: For access to the docket to complying with the regulation 49 CFR
In accordance with 49 U.S.C. 31315, read background documents or 391.41(b)(8). Therefore, the 39
each exemption will be valid for two comments, go to http:// applicants in this notice have been
years from the effective date unless www.regulations.gov and/or Room denied exemptions from the physical
revoked earlier by FMCSA. The W12–140 on the ground level of the qualification standards in 49 CFR
exemption will be revoked if the West Building, 1200 New Jersey Avenue 391.41(b)(8).
following occurs: (1) The person fails to SE, Washington, DC, between 9 a.m. and Each applicant has, prior to this
comply with the terms and conditions 5 p.m., e.t., Monday through Friday, notice, received a letter of final
of the exemption; (2) the exemption has except Federal holidays. disposition regarding his/her exemption
resulted in a lower level of safety than Privacy Act: In accordance with 5 request. Those decision letters fully
was maintained prior to being granted; U.S.C. 553(c), DOT solicits comments outlined the basis for the denial and
or (3) continuation of the exemption from the public to better inform its constitutes final action by the Agency.
would not be consistent with the goals rulemaking process. DOT posts these This notice summarizes the Agency’s
and objectives of 49 U.S.C. 31136 and comments, without edit, including any recent denials as required under 49
31315. personal information the commenter U.S.C. 31315(b)(4) by periodically
Issued on: August 8, 2018.
provides, to http://www.regulations.gov, publishing names and reasons for
as described in the system of records denial.
Larry W. Minor,
notice (DOT/ALL–14 FDMS), which can The following 35 applicants do not
Associate Administrator for Policy. be reviewed at http://www.dot.gov/
[FR Doc. 2018–17594 Filed 8–14–18; 8:45 am]
meet the minimum time requirement for
privacy. being seizure-free, either on or off of
BILLING CODE 4910–EX–P
II. Background anti-seizure medication:
FMCSA received applications from 39 David M. Allyn (CT)
DEPARTMENT OF TRANSPORTATION Daniel Bailey (NY)
individuals who requested an
Tiffany Banks (NV)
exemption from the FMCSRs Lorenzo Barber (IL)
Federal Motor Carrier Safety prohibiting persons with a clinical
Administration Richard Benjamin (AL)
diagnosis of epilepsy or any other Edward Blankenstein II (PA)
[Docket No. FMCSA–2018–0555] condition that is likely to cause a loss Charles Border (NM)
of consciousness or any loss of ability to Andrew Browder (AL)
daltland on DSKBBV9HB2PROD with NOTICES

Qualification of Drivers; Exemption operate a CMV from operating CMVs in Pietro Capobianco (NJ)
Applications; Epilepsy and Seizure interstate commerce. Jon Cole (ID)
Disorders FMCSA has evaluated the eligibility Michael Cole (NJ)
AGENCY: Federal Motor Carrier Safety of these applicants and concluded that Charles Cournoyer (MA)
Administration (FMCSA), DOT. granting these exemptions would not Ryan Daws (MN)
provide a level of safety that would be Shawn Durbin (UT)
ACTION: Notice of denials.
equivalent to or greater than, the level William Everett (OH)

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40630 Federal Register / Vol. 83, No. 158 / Wednesday, August 15, 2018 / Notices

Taxhidin Ferati (WI) Monday through Friday, except Federal Mick Torok from N.A.T.
Terry Friedrichs (MN) holidays. If you have questions Transportation, Inc. stated that he has
Adam Fyle (NC) regarding viewing or submitting no objections to granting a diabetes
Keith Hubbard (WV) material to the docket, contact Docket exemption to Zachary Fairbanks.
Thomas R. James (MN) Services, telephone (202) 366–9826.
Kevin Jandreau (ME) IV. Basis for Exemption Determination
SUPPLEMENTARY INFORMATION:
David Johnston (MN) Under 49 U.S.C. 31136(e) and 31315,
Douglas Kelbley (OH) I. Electronic Access FMCSA may grant an exemption from
Timothy T. Leonard (CA) You may see all the comments online the diabetes standard in 49 CFR
Steven W. Massman (MN) through the Federal Document 391.41(b)(3) if the exemption is likely to
Kevin Mathis (NJ) achieve an equivalent or greater level of
Management System (FDMS) at: http://
John McGhee (ND) safety than would be achieved without
www.regulations.gov.
Brian Nelson (MO) the exemption. The exemption allows
Raymond Phillips (FL) Docket: For access to the docket to
the applicants to operate CMVs in
Timothy Picot (MD) read background documents or
interstate commerce.
Luis Tirado (PA) comments, go to http:// The Agency’s decision regarding these
William E. Turner (VA) www.regulations.gov and/or Room exemption applications is based on the
Blaine T. Weinsensel (WI) W12–140 on the ground level of the program eligibility criteria and an
Jeffrey J. Werner (WI) West Building, 1200 New Jersey Avenue individualized assessment of
Scott Wesner (WI) SE, Washington, DC, between 9 a.m. and information submitted by each
5 p.m., e.t., Monday through Friday, applicant. The qualifications,
The following four applicants do not
except Federal holidays. experience, and medical condition of
meet the minimum time requirement for
a stable anti-seizure medication dosage: Privacy Act: In accordance with 5 each applicant were stated and
U.S.C. 553(c), DOT solicits comments discussed in detail in the June 18, 2018,
Steven L. Amell, Sr. (VT) from the public to better inform its
Thomas H. Lee (VA) Federal Register notice (83 FR 28310)
rulemaking process. DOT posts these and will not be repeated in this notice.
Gregory Long (CT) comments, without edit, including any
Christopher Phillips (PA) These 53 applicants have had ITDM
personal information the commenter over a range of 1 to 34 years. These
Issued on: August 8, 2018. provides, to http://www.regulations.gov, applicants report no severe
Larry W. Minor, as described in the system of records hypoglycemic reactions resulting in loss
Associate Administrator for Policy. notice (DOT/ALL–14 FDMS), which can of consciousness or seizure, requiring
[FR Doc. 2018–17565 Filed 8–14–18; 8:45 am] be reviewed at http://www.dot.gov/ the assistance of another person, or
BILLING CODE 4910–EX–P privacy. resulting in impaired cognitive function
II. Background that occurred without warning
symptoms, in the past 12 months and no
DEPARTMENT OF TRANSPORTATION On June 18, 2018, FMCSA published recurrent (two or more) severe
a notice announcing receipt of hypoglycemic episodes in the past five
Federal Motor Carrier Safety applications from 53 individuals years. In each case, an endocrinologist
Administration requesting an exemption from diabetes verified that the driver has
[Docket No. FMCSA–2018–0031] requirement in 49 CFR 391.41(b)(3) and demonstrated a willingness to properly
requested comments from the public (83 monitor and manage his/her diabetes
Qualification of Drivers; Exemption FR 28310). The public comment period mellitus, received education related to
Applications; Diabetes Mellitus ended on July 18, 2018, and two diabetes management, and is on a stable
comments were received. insulin regimen. These drivers report no
AGENCY: Federal Motor Carrier Safety FMCSA has evaluated the eligibility other disqualifying conditions,
Administration (FMCSA), DOT. of these applicants and determined that including diabetes related
ACTION: Notice of final disposition. granting the exemptions to these complications. Each meets the vision
individuals would achieve a level of requirement at 49 CFR 391.41(b)(10).
SUMMARY: FMCSA announces its safety equivalent to or greater than the
decision to exempt 53 individuals from Consequently, FMCSA finds that in
level that would be achieved by each case exempting these applicants
the prohibition in the Federal Motor complying with the current regulation
Carrier Safety Regulations (FMCSRs) from the diabetes requirement in 49 CFR
49 CFR 391.41(b)(3). 391.41(b)(3) is likely to achieve a level
against persons with insulin-treated The physical qualification standard
diabetes mellitus (ITDM) from operating of safety equal to that existing without
for drivers regarding diabetes found in the exemption.
a commercial motor vehicle (CMV) in 49 CFR 391.41(b)(3) states that a person
interstate commerce. The exemptions is physically qualified to drive a CMV V. Conditions and Requirements
enable these individuals with ITDM to if that person has no established The terms and conditions of the
operate CMVs in interstate commerce. medical history or clinical diagnosis of exemption are provided to the
DATES: The exemptions were applicable diabetes mellitus currently requiring applicants in the exemption document
on July 19, 2018. The exemptions expire insulin for control. and includes the following: (1) Each
on July 19, 2020. driver must submit a quarterly
FOR FURTHER INFORMATION CONTACT: Ms.
III. Discussion of Comments monitoring checklist completed by the
daltland on DSKBBV9HB2PROD with NOTICES

Christine A. Hydock, Chief, Medical FMCSA received two comments in treating endocrinologist as well as an
Programs Division, (202) 366–4001, this proceeding. Vicky Johnson from the annual checklist with a comprehensive
fmcsamedical@dot.gov, FMCSA, Minnesota Department of Public Safety medical evaluation; (2) each driver must
Department of Transportation, 1200 stated that Minnesota has no objections report within two business days of
New Jersey Avenue SE, Room W64–224, to granting diabetes exemptions to occurrence, all episodes of severe
Washington, DC 20590–0001. Office Bobby R. Isaacson, and Heath A. hypoglycemia, significant
hours are from 8:30 a.m. to 5 p.m., e.t., Woodiwiss. complications, or inability to manage

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Document Created: 2018-08-15 01:25:30
Document Modified: 2018-08-15 01:25:30

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., 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		83 FR 40629

83 FR 40629 - Qualification of Drivers; Exemption Applications; Epilepsy and Seizure Disorders

DEPARTMENT OF TRANSPORTATIONFederal Motor Carrier Safety Administration

Federal Register Volume 83, Issue 158 (August 15, 2018)

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration