83 FR 56907 - Qualification of Drivers; Exemption Applications; Epilepsy and Seizure Disorders
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration Federal Register Volume 83, Issue 220 (November 14, 2018)
Federal Motor Carrier Safety Administration
Federal Register Volume 83, Issue 220 (November 14, 2018)
| Page Range | 56907-56908 | |
| FR Document | 2018-24844 |
[Federal Register Volume 83, Number 220 (Wednesday, November 14, 2018)] [Notices] [Pages 56907-56908] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-24844] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket Nos. FMCSA 2012-0294; FMCSA 2013-0442; FMCSA-2013-0445; FMCSA- 2015-0321] Qualification of Drivers; Exemption Applications; Epilepsy and Seizure Disorders AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice of final disposition. ----------------------------------------------------------------------- SUMMARY: FMCSA announces its decision to renew exemptions for four individuals from the requirement in the Federal Motor Carrier Safety Regulations (FMCSRs) that interstate commercial motor vehicle (CMV) drivers have ``no established medical history or clinical diagnosis of epilepsy or any other condition which is likely to cause loss of consciousness or any loss of ability to control a CMV.'' The exemptions enable these individuals who have had one or more seizures and are taking anti-seizure medication to continue to operate CMVs in interstate commerce. DATES: Each group of renewed exemptions were applicable on the dates stated in the discussions below and will expire on the dates stated in the discussions below. 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. Public Participation A. Viewing Documents and Comments To view comments, as well as any documents mentioned in this notice as being available in the docket, go to http://www.regulations.gov. Insert the docket number, FMCSA 2012-0294; FMCSA 2013-0442; FMCSA-2013- 0445; FMCSA-2015-0321, in the keyword box, and click ``Search.'' Next, click the ``Open Docket Folder'' button and choose the document to review. If you do not have access to the internet, you may view the docket online by visiting the Docket Management Facility in Room W12- 140 on the ground floor of the DOT West Building, 1200 New Jersey Avenue SE, Washington, DC 20590, between 9 a.m. and 5 p.m., ET, Monday through Friday, except Federal holidays. B. 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 www.regulations.gov, as described in the system of records notice (DOT/ALL-14 FDMS), which can be reviewed at www.dot.gov/privacy. II. Background On August 15, 2018, FMCSA published a notice announcing its decision to renew exemptions for four individuals from the epilepsy and seizure disorders prohibition in 49 CFR 391.41(b)(8) to operate a CMV in interstate commerce and requested comments from the public (83 FR 40624). The public comment period ended on September 14, 2018, and no comments were received. As stated in the previous notice, FMCSA has evaluated the eligibility of these applicants and determined that renewing these exemptions would achieve a level of safety equivalent to or greater than the level that would be achieved by complying with the current regulation 49 CFR 391.41(b)(8). The physical qualification standard for drivers regarding epilepsy found in 49 CFR 391.41(b)(8) states that a person is physically qualified to drive a CMV if that person has no established medical history or clinical diagnosis of epilepsy or any other condition which is likely to cause the loss of consciousness or any loss of ability to control a CMV. In addition to the regulations, FMCSA has published advisory criteria to assist Medical Examiners in determining whether drivers with certain medical conditions are qualified to operate a CMV in interstate commerce. [49 CFR part 391, APPENDIX A TO PART 391--MEDICAL ADVISORY CRITERIA, section H. Epilepsy: Sec. 391.41(b)(8), paragraphs 3, 4, and 5.] III. Discussion of Comments FMCSA received no comments in this proceeding. IV. Conclusion Based on its evaluation of the four renewal exemption applications, FMCSA announces its decision to exempt the following drivers from the epilepsy and seizure disorders prohibition in 49 CFR 391.41(b)(8): As of July 5, 2018, and in accordance with 49 U.S.C. 31136(e) and 31315, Brian Checkley, Jr. (NJ) has satisfied the renewal conditions for obtaining an exemption from the epilepsy and seizure disorders prohibition in the FMCSRs for interstate CMV drivers (83 FR 40624). This driver was included in docket number FMCSA-2015-0321. The exemption is applicable as of July 5, 2018, and will expire on July 5, 2020. As of July 14, 2018, and in accordance with 49 U.S.C. 31136(e) and 31315, Ronald Blount (GA) has satisfied the renewal conditions for obtaining an exemption from the epilepsy and seizure disorders prohibition in the FMCSRs for interstate CMV drivers (83 FR 40624). This driver was included in docket number FMCSA-2013-0445. The exemption is applicable as of July 14, 2018, and will expire on July 14, 2020. As of July 8, 2018, and in accordance with 49 U.S.C. 31136(e) and 31315, the following two individuals have satisfied the renewal conditions for obtaining an exemption from the epilepsy and seizure disorders prohibition in the FMCSRs for interstate CMV drivers (83 [[Page 56908]] FR 40624): Samuel Beverly (VA) and Michael Duprey (CT). The drivers were included in docket numbers FMCSA 2012-0294 and FMCSA-2013-0442. Their exemptions are applicable as of July 8, 2018, and will expire on July 8, 2020. In accordance with 49 U.S.C. 31315, each exemption will be valid for two years from the effective date unless revoked earlier by FMCSA. The exemption will be revoked if the following occurs: (1) The person fails to comply with the terms and conditions of the exemption; (2) the exemption has resulted in a lower level of safety than was maintained prior to being granted; or (3) continuation of the exemption would not be consistent with the goals and objectives of 49 U.S.C. 31136 and 31315. Issued on: November 5, 2018. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2018-24844 Filed 11-13-18; 8:45 am] BILLING CODE 4910-EX-P
![Federal Register / Vol. 83, No. 220 / Wednesday, November 14, 2018 / Notices 56907
requirements. Each exemption will be DATES: Each group of renewed these applicants and determined that
valid for two years unless rescinded exemptions were applicable on the renewing these exemptions would
earlier by FMCSA. The exemption will dates stated in the discussions below achieve a level of safety equivalent to or
be rescinded if: (1) The person fails to and will expire on the dates stated in greater than the level that would be
comply with the terms and conditions the discussions below. achieved by complying with the current
of the exemption; (2) the exemption has FOR FURTHER INFORMATION CONTACT: Ms. regulation 49 CFR 391.41(b)(8).
resulted in a lower level of safety than Christine A. Hydock, Chief, Medical The physical qualification standard
was maintained before it was granted; or Programs Division, (202) 366–4001, for drivers regarding epilepsy found in
(3) continuation of the exemption would fmcsamedical@dot.gov, FMCSA, 49 CFR 391.41(b)(8) states that a person
not be consistent with the goals and Department of Transportation, 1200 is physically qualified to drive a CMV
objectives of 49 U.S.C. 31136(e) and New Jersey Avenue SE, Room W64–224, if that person has no established
31315. Washington, DC 20590–0001. Office medical history or clinical diagnosis of
hours are from 8:30 a.m. to 5 p.m., ET, epilepsy or any other condition which
VI. Preemption is likely to cause the loss of
Monday through Friday, except Federal
During the period the exemption is in holidays. If you have questions consciousness or any loss of ability to
effect, no State shall enforce any law or regarding viewing or submitting control a CMV.
regulation that conflicts with this material to the docket, contact Docket In addition to the regulations, FMCSA
exemption with respect to a person Services, telephone (202) 366–9826. has published advisory criteria to assist
operating under the exemption. SUPPLEMENTARY INFORMATION:
Medical Examiners in determining
whether drivers with certain medical
VII. Conclusion I. Public Participation conditions are qualified to operate a
Based upon its evaluation of the 11 CMV in interstate commerce. [49 CFR
A. Viewing Documents and Comments
exemption applications, FMCSA renews part 391, APPENDIX A TO PART 391—
the exemptions of the aforementioned To view comments, as well as any MEDICAL ADVISORY CRITERIA,
drivers from the hearing requirement in documents mentioned in this notice as section H. Epilepsy: § 391.41(b)(8),
49 CFR 391.41 (b)(11). In accordance being available in the docket, go to paragraphs 3, 4, and 5.]
with 49 U.S.C. 31136(e) and 31315, each http://www.regulations.gov. Insert the
exemption will be valid for two years docket number, FMCSA 2012–0294; III. Discussion of Comments
unless revoked earlier by FMCSA. FMCSA 2013–0442; FMCSA–2013– FMCSA received no comments in this
0445; FMCSA–2015–0321, in the proceeding.
Issued on: November 5, 2018.
keyword box, and click ‘‘Search.’’ Next,
Larry W. Minor, click the ‘‘Open Docket Folder’’ button IV. Conclusion
Associate Administrator for Policy. and choose the document to review. If Based on its evaluation of the four
[FR Doc. 2018–24852 Filed 11–13–18; 8:45 am] you do not have access to the internet, renewal exemption applications,
BILLING CODE 4910–EX–P you may view the docket online by FMCSA announces its decision to
visiting the Docket Management Facility exempt the following drivers from the
in Room W12–140 on the ground floor epilepsy and seizure disorders
DEPARTMENT OF TRANSPORTATION of the DOT West Building, 1200 New prohibition in 49 CFR 391.41(b)(8):
Jersey Avenue SE, Washington, DC As of July 5, 2018, and in accordance
Federal Motor Carrier Safety with 49 U.S.C. 31136(e) and 31315,
20590, between 9 a.m. and 5 p.m., ET,
Administration Brian Checkley, Jr. (NJ) has satisfied the
Monday through Friday, except Federal
holidays. renewal conditions for obtaining an
[Docket Nos. FMCSA 2012–0294; FMCSA exemption from the epilepsy and
2013–0442; FMCSA–2013–0445; FMCSA– B. Privacy Act
2015–0321]
seizure disorders prohibition in the
In accordance with 5 U.S.C. 553(c), FMCSRs for interstate CMV drivers (83
Qualification of Drivers; Exemption DOT solicits comments from the public FR 40624).
Applications; Epilepsy and Seizure to better inform its rulemaking process. This driver was included in docket
Disorders DOT posts these comments, without number FMCSA–2015–0321. The
edit, including any personal information exemption is applicable as of July 5,
AGENCY: Federal Motor Carrier Safety the commenter provides, to 2018, and will expire on July 5, 2020.
Administration (FMCSA), DOT. www.regulations.gov, as described in As of July 14, 2018, and in accordance
ACTION: Notice of final disposition. the system of records notice (DOT/ALL– with 49 U.S.C. 31136(e) and 31315,
14 FDMS), which can be reviewed at Ronald Blount (GA) has satisfied the
SUMMARY: FMCSA announces its www.dot.gov/privacy. renewal conditions for obtaining an
decision to renew exemptions for four exemption from the epilepsy and
individuals from the requirement in the II. Background seizure disorders prohibition in the
Federal Motor Carrier Safety On August 15, 2018, FMCSA FMCSRs for interstate CMV drivers (83
Regulations (FMCSRs) that interstate published a notice announcing its FR 40624).
commercial motor vehicle (CMV) decision to renew exemptions for four This driver was included in docket
drivers have ‘‘no established medical individuals from the epilepsy and number FMCSA–2013–0445. The
history or clinical diagnosis of epilepsy seizure disorders prohibition in 49 CFR exemption is applicable as of July 14,
or any other condition which is likely 391.41(b)(8) to operate a CMV in 2018, and will expire on July 14, 2020.
to cause loss of consciousness or any interstate commerce and requested As of July 8, 2018, and in accordance
loss of ability to control a CMV.’’ The comments from the public (83 FR with 49 U.S.C. 31136(e) and 31315, the
exemptions enable these individuals 40624). The public comment period following two individuals have satisfied
who have had one or more seizures and ended on September 14, 2018, and no the renewal conditions for obtaining an
are taking anti-seizure medication to comments were received. exemption from the epilepsy and
continue to operate CMVs in interstate As stated in the previous notice, seizure disorders prohibition in the
commerce. FMCSA has evaluated the eligibility of FMCSRs for interstate CMV drivers (83
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![56908 Federal Register / Vol. 83, No. 220 / Wednesday, November 14, 2018 / Notices
FR 40624): Samuel Beverly (VA) and Next, click the ‘‘Open Docket Folder’’ Each applicant has, prior to this
Michael Duprey (CT). button and choose the document to notice, received a letter of final
The drivers were included in docket review. If you do not have access to the disposition regarding his/her exemption
numbers FMCSA 2012–0294 and internet, you may view the docket request. Those decision letters fully
FMCSA–2013–0442. Their exemptions online by visiting the Docket outlined the basis for the denial and
are applicable as of July 8, 2018, and Management Facility in Room W12–140 constitute final action by the Agency.
will expire on July 8, 2020. on the ground floor of the DOT West This notice summarizes the Agency’s
In accordance with 49 U.S.C. 31315, Building, 1200 New Jersey Avenue SE, recent denials as required under 49
each exemption will be valid for two Washington, DC 20590, between 9 a.m. U.S.C. 31315(b)(4) by periodically
years from the effective date unless and 5 p.m., ET, Monday through Friday, publishing names and reasons for
revoked earlier by FMCSA. The except Federal holidays. denial.
exemption will be revoked if the The following three applicants did
following occurs: (1) The person fails to B. Privacy Act
not have sufficient driving experience
comply with the terms and conditions In accordance with 5 U.S.C. 553(c), over the past three years under normal
of the exemption; (2) the exemption has DOT solicits comments from the public highway operating conditions:
resulted in a lower level of safety than to better inform its rulemaking process. Sallie R. Brenner (TX); Kenneth R.
was maintained prior to being granted; DOT posts these comments, without Jordan (IL); and Jackie R. Karst (MS)
or (3) continuation of the exemption edit, including any personal information The following 36 applicants had no
would not be consistent with the goals the commenter provides, to experience operating a CMV:
and objectives of 49 U.S.C. 31136 and www.regulations.gov, as described in
31315. Scott A. Allnutt (KY)
the system of records notice (DOT/ALL–
Linas Brock (LA)
Issued on: November 5, 2018. 14 FDMS), which can be reviewed at
Landon M. Brown (CA)
Larry W. Minor, www.dot.gov/privacy. Shaletta C. Buford (TN)
Associate Administrator for Policy. II. Background Jackueline D. Bullock (TX)
[FR Doc. 2018–24844 Filed 11–13–18; 8:45 am] Peter K. Chege (MN)
FMCSA received applications from 77 Christopher J. Dantoni (PA)
BILLING CODE 4910–EX–P
individuals who requested an Catherine Davis (IL)
exemption from the vision standard in Davidson Dorce (FL)
DEPARTMENT OF TRANSPORTATION the FMCSRs. FMCSA has evaluated the Jimi L. Engler (OH)
eligibility of these applicants and Kevin Ezell (CA)
Federal Motor Carrier Safety concluded that granting these Darrien W. Ferrell (IL)
Administration exemptions would not provide a level of Terrence H. Flick (IL)
safety that would be equivalent to or Lonnie R. Gale (MD)
[Docket No. FMCSA–2018–0019]
greater than, the level of safety that Liliana Gonzalez (IL)
Qualification of Drivers; Exemption would be obtained by complying with Raheel Hameed (IL)
Applications; Vision the regulation 49 CFR 391.41(b)(10). Jemminson R. Homesombath (CA)
III. Basis for Exemption Determination Billy M. Lamb (MI)
AGENCY: Federal Motor Carrier Safety Brian J. Loch (MN)
Administration (FMCSA), DOT. Under 49 U.S.C.31136 (e) and 31315, Eli Mast (ND)
ACTION: Notice of denials. FMCSA may grant an exemption if it Israel W. McAfee (VA)
finds such an exemption would likely Lamar P. Moore (IL)
SUMMARY: FMCSA announces its achieve a level of safety that is Amanda M. Morse (IL)
decision to deny applications from 77 equivalent to, or greater then, the level Nicolas R. Motta (NC)
individuals who requested an that would be achieved absent such an Bryan C. Pratt (PA)
exemption from the vision standard in exemption. Harold B. Rainwater (MO)
the Federal Motor Carrier Safety Ashley L. Reed (AR)
The Agency’s decision regarding these
Regulations (FMCSRs) to operate a CMV Keith G. Roberts (OH)
exemption applications is based on the
in interstate commerce. Sinisa Sabljic (NV)
eligibility criteria, the terms and
FOR FURTHER INFORMATION CONTACT: Ms. Selemani A. Said (VA)
conditions for Federal exemptions, and
Christine A. Hydock, Chief, Medical an individualized assessment of each Joseph E. Saint Jean (NY)
Programs Division, (202) 366–4001, applicant’s medical information Allen D. Sedwick (AR)
fmcsamedical@dot.gov, FMCSA, provided by the applicant. Ronald W. Smith (TX)
Department of Transportation, 1200 Ryan J. Smith (PA)
New Jersey Avenue SE, Room W64–224, IV. Conclusion Kip R. Stringer (OR)
Washington, DC 20590–0001. Office The Agency has determined that these Jerred L. Thomas (OK)
hours are from 8:30 a.m. to 5 p.m., ET, applicants do not satisfy the criteria The following 11 applicants did not
Monday through Friday, except Federal eligibility or meet the terms and have three years of experience driving a
holidays. conditions of the Federal exemption and CMV on public highways with their
SUPPLEMENTARY INFORMATION: granting these exemptions would not vision deficiencies:
I. Public Participation provide a level of safety that would be Bruce Banwell (IA)
equivalent to or greater than, the level Anthony C. Bears (MO)
A. Viewing Documents and Comments of safety that would be obtained by Donald D. Brown (NC)
To view comments, as well as any complying with the regulation 49 CFR Ray E. Caldwell (WA)
documents mentioned in this notice as 391.41(b)(10). Therefore, the 77 Robert Evans (NH)
being available in the docket, go to applicants in this notice have been Harold J. Hughes (FL)
http://www.regulations.gov. Insert the denied exemptions from the physical David E. Nelson (ID)
docket number, FMCSA–2018–0019, in qualification standards in 49 CFR Perry E. Principi (MS)
the keyword box, and click ‘‘Search.’’ 391.41(b)(10). Peter J. Urlacher (WA)
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Document Created: 2018-11-14 03:32:06
Document Modified: 2018-11-14 03:32:06
| 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 final disposition. | |
| Dates | Each group of renewed exemptions were applicable on the dates stated in the discussions below and will expire on the dates stated in the discussions below. | |
| 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 | 83 FR 56907 |
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