Qualification of Drivers; Exemption Applications; Epilepsy and Seizure Disorders, 40629-40630 [2018-17565]

Download as PDF Federal Register / Vol. 83, No. 158 / Wednesday, August 15, 2018 / Notices Michael E. Jones (IL) Darius R. Law (FL) Robert C. Martin (WA) Mark W. McTaggart (IL) Noel V. Munoz (NM) Ivan Romero (IL) Steve A. Taylor (NC) The drivers were included in docket number FMCSA–2016–0029. Their exemptions are applicable as of July 29, 2018, and will expire on July 29, 2020. As of July 30, 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 vision requirement in the FMCSRs for interstate CMV drivers (71 FR 32183; 71 FR 41310; 73 FR 36955; 75 FR 25917; 75 FR 36779; 75 FR 39729; 77 FR 33017; 77 FR 36338; 77 FR 38384; 77 FR 44708; 79 FR 37843; 79 FR 38661; 81 FR 96196): Lester M. Ellingson, Jr. (ND) Damon G. Gallardo (CA) Daniel L. Grover (KS) Larry A. Nienhuis (MI) Gregory A. Reinert (MN) Joseph B. Shaw, Jr. (VA) The drivers were included in docket numbers FMCSA–2006–24783; FMCSA–2010–0082; FCMSA–2012– 0106. Their exemptions are applicable as of July 30, 2018, and will expire on July 30, 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: August 8, 2018. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2018–17594 Filed 8–14–18; 8:45 am] BILLING CODE 4910–EX–P Federal Motor Carrier Safety Administration daltland on DSKBBV9HB2PROD with NOTICES [Docket No. FMCSA–2018–0555] Qualification of Drivers; Exemption Applications; Epilepsy and Seizure Disorders Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice of denials. AGENCY: 18:28 Aug 14, 2018 I. Electronic Access You may see all the comments online through the Federal Document Management System (FDMS) at: https:// www.regulations.gov. Docket: For access to the docket to read background documents or comments, go to https:// 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 https://www.regulations.gov, as described in the system of records notice (DOT/ALL–14 FDMS), which can be reviewed at https://www.dot.gov/ privacy. II. Background DEPARTMENT OF TRANSPORTATION VerDate Sep<11>2014 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, 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., 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: SUMMARY: Jkt 244001 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 PO 00000 Frm 00131 Fmt 4703 Sfmt 4703 40629 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 twoyear 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) E:\FR\FM\15AUN1.SGM 15AUN1 40630 Federal Register / Vol. 83, No. 158 / Wednesday, August 15, 2018 / Notices 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 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: https:// www.regulations.gov. Docket: For access to the docket to read background documents or comments, go to https:// 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 https://www.regulations.gov, as described in the system of records notice (DOT/ALL–14 FDMS), which can be reviewed at https://www.dot.gov/ privacy. II. Background DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA–2018–0031] Qualification of Drivers; Exemption Applications; Diabetes Mellitus Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice of final disposition. AGENCY: FMCSA announces its decision to exempt 53 individuals from the prohibition in the Federal Motor Carrier Safety Regulations (FMCSRs) against persons with insulin-treated diabetes mellitus (ITDM) from operating a commercial motor vehicle (CMV) in interstate commerce. The exemptions enable these individuals with ITDM to operate CMVs in interstate commerce. DATES: The exemptions were applicable on July 19, 2018. The exemptions expire on July 19, 2020. 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., e.t., daltland on DSKBBV9HB2PROD with NOTICES SUMMARY: VerDate Sep<11>2014 18:28 Aug 14, 2018 Jkt 244001 On June 18, 2018, FMCSA published a notice announcing receipt of applications from 53 individuals requesting an exemption from diabetes requirement in 49 CFR 391.41(b)(3) and requested comments from the public (83 FR 28310). The public comment period ended on July 18, 2018, and two comments were received. FMCSA has evaluated the eligibility of these applicants and determined that granting the exemptions to these individuals 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)(3). The physical qualification standard for drivers regarding diabetes found in 49 CFR 391.41(b)(3) states that a person is physically qualified to drive a CMV if that person has no established medical history or clinical diagnosis of diabetes mellitus currently requiring insulin for control. III. Discussion of Comments FMCSA received two comments in this proceeding. Vicky Johnson from the Minnesota Department of Public Safety stated that Minnesota has no objections to granting diabetes exemptions to Bobby R. Isaacson, and Heath A. Woodiwiss. PO 00000 Frm 00132 Fmt 4703 Sfmt 4703 Mick Torok from N.A.T. Transportation, Inc. stated that he has no objections to granting a diabetes exemption to Zachary Fairbanks. IV. Basis for Exemption Determination Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption from the diabetes standard in 49 CFR 391.41(b)(3) if the exemption is likely to achieve an equivalent or greater level of safety than would be achieved without the exemption. The exemption allows the applicants to operate CMVs in interstate commerce. The Agency’s decision regarding these exemption applications is based on the program eligibility criteria and an individualized assessment of information submitted by each applicant. The qualifications, experience, and medical condition of each applicant were stated and discussed in detail in the June 18, 2018, Federal Register notice (83 FR 28310) and will not be repeated in this notice. These 53 applicants have had ITDM over a range of 1 to 34 years. These applicants report no severe hypoglycemic reactions resulting in loss of consciousness or seizure, requiring the assistance of another person, or resulting in impaired cognitive function that occurred without warning symptoms, in the past 12 months and no recurrent (two or more) severe hypoglycemic episodes in the past five years. In each case, an endocrinologist verified that the driver has demonstrated a willingness to properly monitor and manage his/her diabetes mellitus, received education related to diabetes management, and is on a stable insulin regimen. These drivers report no other disqualifying conditions, including diabetes related complications. Each meets the vision requirement at 49 CFR 391.41(b)(10). Consequently, FMCSA finds that in each case exempting these applicants from the diabetes requirement in 49 CFR 391.41(b)(3) is likely to achieve a level of safety equal to that existing without the exemption. V. Conditions and Requirements The terms and conditions of the exemption are provided to the applicants in the exemption document and includes the following: (1) Each driver must submit a quarterly monitoring checklist completed by the treating endocrinologist as well as an annual checklist with a comprehensive medical evaluation; (2) each driver must report within two business days of occurrence, all episodes of severe hypoglycemia, significant complications, or inability to manage E:\FR\FM\15AUN1.SGM 15AUN1

Agencies

[Federal Register Volume 83, Number 158 (Wednesday, August 15, 2018)]
[Notices]
[Pages 40629-40630]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[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.

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

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: https://www.regulations.gov.
    Docket: For access to the docket to read background documents or 
comments, go to https://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 https://www.regulations.gov, as described in 
the system of records notice (DOT/ALL-14 FDMS), which can be reviewed 
at https://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