Qualification of Drivers; Exemption Applications; Epilepsy and Seizure Disorders, 56907-56908 [2018-24844]

Download as PDF Federal Register / Vol. 83, No. 220 / Wednesday, November 14, 2018 / Notices requirements. Each exemption will be valid for two years unless rescinded earlier by FMCSA. The exemption will be rescinded if: (1) The person fails to comply with the terms and conditions of the exemption; (2) the exemption has resulted in a lower level of safety than was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 before it was granted; or (3) continuation of the exemption would not be consistent with the goals and objectives of 49 U.S.C. 31136(e) and 31315. During the period the exemption is in effect, no State shall enforce any law or regulation that conflicts with this exemption with respect to a person operating under the exemption. 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, 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: VII. Conclusion I. Public Participation VI. Preemption Based upon its evaluation of the 11 exemption applications, FMCSA renews the exemptions of the aforementioned drivers from the hearing requirement in 49 CFR 391.41 (b)(11). In accordance with 49 U.S.C. 31136(e) and 31315, each exemption will be valid for two years unless revoked earlier by FMCSA. Issued on: November 5, 2018. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2018–24852 Filed 11–13–18; 8:45 am] BILLING CODE 4910–EX–P 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 Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice of final disposition. AGENCY: 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. SUMMARY: VerDate Sep<11>2014 18:29 Nov 13, 2018 Jkt 247001 DATES: 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 PO 00000 Frm 00110 Fmt 4703 Sfmt 4703 56907 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: § 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 E:\FR\FM\14NON1.SGM 14NON1 56908 Federal Register / Vol. 83, No. 220 / Wednesday, November 14, 2018 / Notices 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. BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA–2018–0019] Qualification of Drivers; Exemption Applications; Vision FMCSA announces its decision to deny applications from 77 individuals who requested an exemption from the vision standard in the Federal Motor Carrier Safety Regulations (FMCSRs) to operate a CMV 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., ET, Monday through Friday, except Federal holidays. SUPPLEMENTARY INFORMATION: SUMMARY: 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–2018–0019, in the keyword box, and click ‘‘Search.’’ Jkt 247001 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. FMCSA received applications from 77 individuals who requested an exemption from the vision standard in the FMCSRs. 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)(10). III. Basis for Exemption Determination Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice of denials. AGENCY: 18:29 Nov 13, 2018 B. Privacy Act II. Background [FR Doc. 2018–24844 Filed 11–13–18; 8:45 am] VerDate Sep<11>2014 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. Under 49 U.S.C.31136 (e) and 31315, FMCSA may grant an exemption if it finds such an exemption would likely achieve a level of safety that is equivalent to, or greater then, the level that would be achieved absent such an exemption. 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)(10). Therefore, the 77 applicants in this notice have been denied exemptions from the physical qualification standards in 49 CFR 391.41(b)(10). PO 00000 Frm 00111 Fmt 4703 Sfmt 4703 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 constitute 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 three applicants did not have sufficient driving experience over the past three years under normal highway operating conditions: Sallie R. Brenner (TX); Kenneth R. Jordan (IL); and Jackie R. Karst (MS) The following 36 applicants had no experience operating a CMV: Scott A. Allnutt (KY) Linas Brock (LA) Landon M. Brown (CA) Shaletta C. Buford (TN) Jackueline D. Bullock (TX) Peter K. Chege (MN) Christopher J. Dantoni (PA) Catherine Davis (IL) Davidson Dorce (FL) Jimi L. Engler (OH) Kevin Ezell (CA) Darrien W. Ferrell (IL) Terrence H. Flick (IL) Lonnie R. Gale (MD) Liliana Gonzalez (IL) Raheel Hameed (IL) Jemminson R. Homesombath (CA) Billy M. Lamb (MI) Brian J. Loch (MN) Eli Mast (ND) Israel W. McAfee (VA) Lamar P. Moore (IL) Amanda M. Morse (IL) Nicolas R. Motta (NC) Bryan C. Pratt (PA) Harold B. Rainwater (MO) Ashley L. Reed (AR) Keith G. Roberts (OH) Sinisa Sabljic (NV) Selemani A. Said (VA) Joseph E. Saint Jean (NY) Allen D. Sedwick (AR) Ronald W. Smith (TX) Ryan J. Smith (PA) Kip R. Stringer (OR) Jerred L. Thomas (OK) The following 11 applicants did not have three years of experience driving a CMV on public highways with their vision deficiencies: Bruce Banwell (IA) Anthony C. Bears (MO) Donald D. Brown (NC) Ray E. Caldwell (WA) Robert Evans (NH) Harold J. Hughes (FL) David E. Nelson (ID) Perry E. Principi (MS) Peter J. Urlacher (WA) E:\FR\FM\14NON1.SGM 14NON1

Agencies

[Federal Register Volume 83, Number 220 (Wednesday, November 14, 2018)]
[Notices]
[Pages 56907-56908]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-24844]


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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