83 FR 58677 - Qualification of Drivers; Exemption Applications; Epilepsy and Seizure Disorders
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration Federal Register Volume 83, Issue 224 (November 20, 2018)
Federal Motor Carrier Safety Administration
Federal Register Volume 83, Issue 224 (November 20, 2018)
| Page Range | 58677-58678 | |
| FR Document | 2018-25279 |
[Federal Register Volume 83, Number 224 (Tuesday, November 20, 2018)] [Notices] [Pages 58677-58678] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-25279] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket Nos. FMCSA-2013-0109; FMCSA-2013-0444; FMCSA-2015-0322] 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 16 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 [[Page 58678]] 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, fmcsamedical@dot.gov, 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 numbers, FMCSA-2013-0109; FMCSA-2013-0444; FMCSA- 2015-0322, 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 September 10, 2018, FMCSA published a notice announcing its decision to renew exemptions for 16 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 45734). The public comment period ended on October 10, 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 preceding. IV. Conclusion Based on its evaluation of the 16 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). In accordance with 49 U.S.C. 31136(e) and 31315, the following groups of drivers received renewed exemptions in the month of June and are discussed below. As of June 9, 2018 and in accordance with 49 U.S.C. 31136(e) and 31315, the following ten 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 FR 45734): Henry Counts, Jr. (MD) David P. Crowe (VA) Michael D. Davis (ME) Dennis R. Gilles (IN) Larry G. Hediger (IL) Eric J. McVetty (NH) Donald J. Richmond (SC) Kevin L. Sprinkle (NC) Patrick J. Trimbo (MN) Alan K. Washabaugh (PA) These drivers were included in docket numbers FMCSA-2013-0109 and FMCSA-2015-0322. Their exemptions are applicable as of June 9, 2018, and will expire on June 9, 2020. As of June 24, 2018 and in accordance with 49 U.S.C. 31136(e) and 31315, the following six 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 FR 45734): Heath A. Crowe (LA) Peter Della-Rocco, Jr. (PA) Domenick R. Panfile (NJ) Milton N. Tatham (NV) Thomas H. Tincher (NC) Duane A. Troff (MN) These drivers were included in docket number FMCSA-2013-0444. Their exemptions are applicable as of June 24, 2018, and will expire on June 24, 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 9, 2018. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2018-25279 Filed 11-19-18; 8:45 am] BILLING CODE 4910-EX-P
![Federal Register / Vol. 83, No. 224 / Tuesday, November 20, 2018 / Notices 58677
I. Public Participation whether drivers with certain medical 31315, the following four individuals
conditions are qualified to operate a have satisfied the renewal conditions for
A. Viewing Documents and Comments
CMV in interstate commerce (49 CFR obtaining an exemption from the
To view comments, as well as any part 391, APPENDIX A TO PART 391— epilepsy and seizure disorders
documents mentioned in this notice as MEDICAL ADVISORY CRITERIA, prohibition in the FMCSRs for interstate
being available in the docket, go to section H. Epilepsy: § 391.41(b)(8), CMV drivers (83 FR 40625):
http://www.regulations.gov. Insert the paragraphs 3, 4, and 5). Raymond Lobo (NJ)
docket numbers, FMCSA–2011–0389; Randy L. Pinto (PA)
FMCSA–2012–0294; FMCSA–2013– III. Discussion of Comments James M. Spece (PA)
0109; FMCSA–2013–0442; FMCSA– FMCSA received no comments in this Joseph A. Thomas (MD)
2014–0380; FMCSA 2015–0321, in the proceeding. The drivers were included in docket
keyword box, and click ‘‘Search.’’ Next, number FMCSA–2013–0442. Their
click the ‘‘Open Docket Folder’’ button IV. Conclusion
exemptions are applicable as of April
and choose the document to review. If Based on its evaluation of the 20 23, 2018, and will expire on April 23,
you do not have access to the internet, renewal exemption applications, 2020.
you may view the docket online by FMCSA announces its decision to In accordance with 49 U.S.C. 31315,
visiting the Docket Management Facility exempt the following drivers from the each exemption will be valid for two
in Room W12–140 on the ground floor epilepsy and seizure disorders years from the effective date unless
of the DOT West Building, 1200 New prohibition in 49 CFR 391.41(b)(8). In revoked earlier by FMCSA. The
Jersey Avenue SE, Washington, DC accordance with 49 U.S.C. 31136(e) and exemption will be revoked if the
20590, between 9 a.m. and 5 p.m., ET, 31315, the following groups of drivers following occurs: (1) The person fails to
Monday through Friday, except Federal received renewed exemptions in the comply with the terms and conditions
holidays. month of April and are discussed below: of the exemption; (2) the exemption has
As of April 8, 2018, and in accordance resulted in a lower level of safety than
B. Privacy Act with 49 U.S.C. 31136(e) and 31315, the was maintained prior to being granted;
In accordance with 5 U.S.C. 553(c), following four individuals have satisfied or (3) continuation of the exemption
DOT solicits comments from the public the renewal conditions for obtaining an would not be consistent with the goals
to better inform its rulemaking process. exemption from the epilepsy and and objectives of 49 U.S.C. 31136 and
DOT posts these comments, without seizure disorders prohibition in the 31315.
edit, including any personal information FMCSRs for interstate CMV drivers (83 Issued on: November 9, 2018.
the commenter provides, to FR 40625): Larry W. Minor,
www.regulations.gov, as described in Jeffrey F. Ballweg (WI) Associate Administrator for Policy.
the system of records notice (DOT/ALL– Harold J. Durkee (WI) [FR Doc. 2018–25280 Filed 11–19–18; 8:45 am]
14 FDMS), which can be reviewed at Michael C. Ranalli (PA)
www.dot.gov/privacy. BILLING CODE 4910–EX–P
Lonnie M. Rieker (IL)
II. Background The drivers were included in docket
On August 15, 2018, FMCSA number FMCSA–2011–0389; FMCSA– DEPARTMENT OF TRANSPORTATION
published a notice announcing its 2012–0294; FMCSA–2013–0109;
FMCSA–2014–0380. Their exemptions Federal Motor Carrier Safety
decision to renew exemptions for 20
are applicable as of April 8, 2018, and Administration
individuals from the epilepsy and
seizure disorders prohibition in 49 CFR will expire on April 8, 2020. [Docket Nos. FMCSA–2013–0109; FMCSA–
391.41(b)(8) to operate a CMV in As of April 11, 2018, and in 2013–0444; FMCSA–2015–0322]
interstate commerce and requested accordance with 49 U.S.C. 31136(e) and
comments from the public (83 FR 31315, the following 12 individuals Qualification of Drivers; Exemption
40625). The public comment period have satisfied the renewal conditions for Applications; Epilepsy and Seizure
obtaining an exemption from the Disorders
ended on September 14, 2018, and no
comments were received. epilepsy and seizure disorders
AGENCY: Federal Motor Carrier Safety
As stated in the previous notice, prohibition in the FMCSRs for interstate
Administration (FMCSA), DOT.
FMCSA has evaluated the eligibility of CMV drivers (83 FR 40625):
ACTION: Notice of final disposition.
these applicants and determined that Robert P. Brackett (ME)
renewing these exemptions would Kelly L. Frederick (LA) SUMMARY: FMCSA announces its
achieve a level of safety equivalent to or Scott W. Gessner (PA) decision to renew exemptions for 16
greater than the level that would be Jerry L. Henderson (IN) individuals from the requirement in the
achieved by complying with the current Preston R. Kanagy (TN) Federal Motor Carrier Safety
regulation 49 CFR 391.41(b)(8). Scott A. Lowe (MA) Regulations (FMCSRs) that interstate
The physical qualification standard Steven D. Shirley (UT) commercial motor vehicle (CMV)
for drivers regarding epilepsy found in Matthew J. Staley (CO) drivers have ‘‘no established medical
49 CFR 391.41(b)(8) states that a person Mohammad S. Warrad (IA) history or clinical diagnosis of epilepsy
is physically qualified to drive a CMV Richard J. Wenner (MN) or any other condition which is likely
if that person has no established John C. Wolfe (PA) to cause loss of consciousness or any
medical history or clinical diagnosis of Dennis R. Zayic (MN) loss of ability to control a CMV.’’ The
epilepsy or any other condition which The drivers were included in docket exemptions enable these individuals
is likely to cause the loss of number FMCSA–2015–0321. Their who have had one or more seizures and
consciousness or any loss of ability to exemptions are applicable as of April are taking anti-seizure medication to
control a CMV. 11, 2018, and will expire on April 11, continue to operate CMVs in interstate
In addition to the regulations, FMCSA 2020. commerce.
has published advisory criteria to assist As of April 23, 2018, and in DATES: Each group of renewed
Medical Examiners in determining accordance with 49 U.S.C. 31136(e) and exemptions were applicable on the
VerDate Sep<11>2014 20:31 Nov 19, 2018 Jkt 247001 PO 00000 Frm 00154 Fmt 4703 Sfmt 4703 E:\FR\FM\20NON1.SGM 20NON1](https://thefederalregister.org/doc/83_FR_58901/page/1.svg)
![58678 Federal Register / Vol. 83, No. 224 / Tuesday, November 20, 2018 / Notices
dates stated in the discussions below or greater than, the level that would be seizure disorders prohibition in the
and will expire on the dates stated in achieved by complying with the current FMCSRs for interstate CMV drivers (83
the discussions below. regulation 49 CFR 391.41(b)(8). FR 45734):
FOR FURTHER INFORMATION CONTACT: Ms. The physical qualification standard Heath A. Crowe (LA)
Christine A. Hydock, Chief, Medical for drivers regarding epilepsy found in Peter Della-Rocco, Jr. (PA)
Programs Division, (202) 366–4001, 49 CFR 391.41(b)(8) states that a person Domenick R. Panfile (NJ)
fmcsamedical@dot.gov, FMCSA, is physically qualified to drive a CMV Milton N. Tatham (NV)
Department of Transportation, 1200 if that person has no established Thomas H. Tincher (NC)
New Jersey Avenue SE, Room W64–224, medical history or clinical diagnosis of Duane A. Troff (MN)
Washington, DC 20590–0001. Office epilepsy or any other condition which These drivers were included in docket
hours are from 8:30 a.m. to 5 p.m., ET, is likely to cause the loss of number FMCSA–2013–0444. Their
Monday through Friday, except Federal consciousness or any loss of ability to exemptions are applicable as of June 24,
holidays. If you have questions control a CMV. 2018, and will expire on June 24, 2020.
regarding viewing or submitting In addition to the regulations, FMCSA In accordance with 49 U.S.C. 31315,
material to the docket, contact Docket has published advisory criteria to assist each exemption will be valid for two
Services, telephone (202) 366–9826. Medical Examiners in determining years from the effective date unless
SUPPLEMENTARY INFORMATION: whether drivers with certain medical revoked earlier by FMCSA. The
conditions are qualified to operate a exemption will be revoked if the
I. Public Participation CMV in interstate commerce (49 CFR following occurs: (1) The person fails to
A. Viewing Documents and Comments part 391, APPENDIX A TO PART 391— comply with the terms and conditions
MEDICAL ADVISORY CRITERIA, of the exemption; (2) the exemption has
To view comments, as well as any section H. Epilepsy: § 391.41(b)(8), resulted in a lower level of safety than
documents mentioned in this notice as paragraphs 3, 4, and 5). was maintained prior to being granted;
being available in the docket, go to or (3) continuation of the exemption
http://www.regulations.gov. Insert the III. Discussion of Comments
would not be consistent with the goals
docket numbers, FMCSA–2013–0109; FMCSA received no comments in this and objectives of 49 U.S.C. 31136 and
FMCSA–2013–0444; FMCSA–2015– preceding. 31315.
0322, in the keyword box, and click
‘‘Search.’’ Next, click the ‘‘Open Docket IV. Conclusion Issued on: November 9, 2018.
Folder’’ button and choose the Based on its evaluation of the 16 Larry W. Minor,
document to review. If you do not have renewal exemption applications, Associate Administrator for Policy.
access to the internet, you may view the FMCSA announces its decision to [FR Doc. 2018–25279 Filed 11–19–18; 8:45 am]
docket online by visiting the Docket exempt the following drivers from the BILLING CODE 4910–EX–P
Management Facility in Room W12–140 epilepsy and seizure disorders
on the ground floor of the DOT West prohibition in 49 CFR 391.41(b)(8).
Building, 1200 New Jersey Avenue SE, In accordance with 49 U.S.C. 31136(e) DEPARTMENT OF TRANSPORTATION
Washington, DC 20590, between 9 a.m. and 31315, the following groups of
and 5 p.m., ET, Monday through Friday, drivers received renewed exemptions in Federal Motor Carrier Safety
except Federal holidays. the month of June and are discussed Administration
B. Privacy Act below. [Docket No. FMCSA–1999–6156; FMCSA–
As of June 9, 2018 and in accordance 1999–6480; FMCSA–2002–11714; FMCSA–
In accordance with 5 U.S.C. 553(c), with 49 U.S.C. 31136(e) and 31315, the 2005–23099; FMCSA–2006–24015; FMCSA–
DOT solicits comments from the public following ten individuals have satisfied 2006–24783; FMCSA–2007–27515; FMCSA–
to better inform its rulemaking process. the renewal conditions for obtaining an 2008–0021; FMCSA–2008–0106; FMCSA–
DOT posts these comments, without 2008–0174; FMCSA–2009–0206; FMCSA–
exemption from the epilepsy and 2009–0291; FMCSA–2009–0303; FMCSA–
edit, including any personal information seizure disorders prohibition in the
the commenter provides, to 2009–0321; FMCSA–2010–0050; FMCSA–
FMCSRs for interstate CMV drivers (83 2010–0082; FMCSA–2010–0114; FMCSA–
www.regulations.gov, as described in FR 45734): 2011–0299; FMCSA–2011–0324; FMCSA–
the system of records notice (DOT/ALL– 2011–0379; FMCSA–2012–0039; FMCSA–
14 FDMS), which can be reviewed at Henry Counts, Jr. (MD)
David P. Crowe (VA) 2012–0104; FMCSA–2012–0106; FMCSA–
www.dot.gov/privacy. 2012–0159; FMCSA–2012–0160; FMCSA–
Michael D. Davis (ME)
2012–0161; FMCSA–2013–0174; FMCSA–
II. Background Dennis R. Gilles (IN) 2014–0002; FMCSA–2014–0003; FMCSA–
On September 10, 2018, FMCSA Larry G. Hediger (IL) 2014–0005; FMCSA–2014–0006; FMCSA–
published a notice announcing its Eric J. McVetty (NH) 2014–0007; FMCSA–2014–0008; FMCSA–
decision to renew exemptions for 16 Donald J. Richmond (SC) 2016–0024; FMCSA–2016–0027; FMCSA–
individuals from the epilepsy and Kevin L. Sprinkle (NC) 2016–0028; FMCSA–2016–0030]
seizure disorders prohibition in 49 CFR Patrick J. Trimbo (MN)
Alan K. Washabaugh (PA) Qualification of Drivers; Exemption
391.41(b)(8) to operate a CMV in
These drivers were included in docket Applications; Vision
interstate commerce and requested
comments from the public (83 FR numbers FMCSA–2013–0109 and AGENCY: Federal Motor Carrier Safety
45734). The public comment period FMCSA–2015–0322. Their exemptions Administration (FMCSA), DOT.
ended on October 10, 2018, and no are applicable as of June 9, 2018, and ACTION: Notice of final disposition.
comments were received. will expire on June 9, 2020.
As stated in the previous notice, As of June 24, 2018 and in accordance SUMMARY: FMCSA announces its
FMCSA has evaluated the eligibility of with 49 U.S.C. 31136(e) and 31315, the decision to renew exemptions for 100
these applicants and determined that following six individuals have satisfied individuals from the vision requirement
renewing these exemptions would the renewal conditions for obtaining an in the Federal Motor Carrier Safety
achieve a level of safety equivalent to, exemption from the epilepsy and Regulations (FMCSRs) for interstate
VerDate Sep<11>2014 20:31 Nov 19, 2018 Jkt 247001 PO 00000 Frm 00155 Fmt 4703 Sfmt 4703 E:\FR\FM\20NON1.SGM 20NON1](https://thefederalregister.org/doc/83_FR_58901/page/2.svg)
Document Created: 2018-11-20 07:59:00
Document Modified: 2018-11-20 07:59:00
| 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 58677 |
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