Qualification of Drivers; Exemption Applications; Vision, 2320-2321 [2019-01254]
Download as PDF
<![CDATA[
2320
Federal Register / Vol. 84, No. 25 / Wednesday, February 6, 2019 / Notices
C. 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.
amozie on DSK3GDR082PROD with NOTICES1
II. Background
Under 49 U.S.C. 31136(e) and 31315,
FMCSA may grant an exemption from
the FMCSRs for a five-year period if it
finds such exemption would likely
achieve a level of safety that is
equivalent to, or greater than, the level
that would be achieved absent such
exemption. The statute also allows the
Agency to renew exemptions at the end
of the five-year period. FMCSA grants
exemptions from the FMCSRs for a twoyear period to align with the maximum
duration of a driver’s medical
certification.
The three individuals listed in this
notice have requested an exemption
from the epilepsy and seizure disorders
prohibition in 49 CFR 391.41(b)(8).
Accordingly, the Agency will evaluate
the qualifications of each applicant to
determine whether granting the
exemption will achieve the required
level of safety mandated by statute.
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 1 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.]
The advisory criteria states the
following:
If an individual has had a sudden
episode of a non-epileptic seizure or
loss of consciousness of unknown cause
that did not require anti-seizure
1 See https://www.ecfr.gov/cgi-bin/text-idx?SID=
e47b48a9ea42dd67d999246e23d97970&mc=true&
node=pt49.5.391&rgn=div5#ap49.5.391_171.a and
https://www.gpo.gov/fdsys/pkg/CFR-2015-title49vol5/pdf/CFR-2015-title49-vol5-part391-appA.pdf.
VerDate Sep<11>2014
18:09 Feb 05, 2019
Jkt 247001
medication, the decision whether that
person’s condition is likely to cause the
loss of consciousness or loss of ability
to control a CMV should be made on an
individual basis by the Medical
Examiner in consultation with the
treating physician. Before certification is
considered, it is suggested that a sixmonth waiting period elapse from the
time of the episode. Following the
waiting period, it is suggested that the
individual have a complete neurological
examination. If the results of the
examination are negative and antiseizure medication is not required, then
the driver may be qualified.
In those individual cases where a
driver had a seizure or an episode of
loss of consciousness that resulted from
a known medical condition (e.g., drug
reaction, high temperature, acute
infectious disease, dehydration, or acute
metabolic disturbance), certification
should be deferred until the driver has
recovered fully from that condition, has
no existing residual complications, and
is not taking anti-seizure medication.
Drivers who have a history of
epilepsy/seizures, off anti-seizure
medication and seizure-free for 10 years,
may be qualified to operate a CMV in
interstate commerce. Interstate drivers
with a history of a single unprovoked
seizure may be qualified to drive a CMV
in interstate commerce if seizure-free
and off anti-seizure medication for a
five-year period or more.
As a result of Medical Examiners
misinterpreting advisory criteria as
regulation, numerous drivers have been
prohibited from operating a CMV in
interstate commerce based on the fact
that they have had one or more seizures
and are taking anti-seizure medication,
rather than an individual analysis of
their circumstances by a qualified
Medical Examiner based on the physical
qualification standards and medical best
practices.
On January 15, 2013, FMCSA
announced in a Notice of Final
Disposition titled, Qualification of
Drivers; Exemption Applications;
Epilepsy and Seizure Disorders, (78 FR
3069), its decision to grant requests from
22 individuals for exemptions from the
regulatory requirement that interstate
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.’’
Since the January 15, 2013 notice, the
Agency has published additional
notices granting requests from
individuals for exemptions from the
regulatory requirement regarding
epilepsy found in 49 CFR 391.41(b)(8).
PO 00000
Frm 00182
Fmt 4703
Sfmt 4703
To be considered for an exemption
from the epilepsy and seizure disorders
prohibition in 49 CFR 391.41(b)(8),
applicants must meet the criteria in the
2007 recommendations of the Agency’s
Medical Expert Panel (MEP) (78 FR
3069).
III. Qualifications of Applicants
Christopher M. Dowling
Mr. Dowling is a 39-year-old class A
CDL holder in Indiana. He has a history
of a seizure disorder and has been
seizure free since 2006. He takes antiseizure medication with the dosage and
frequency remaining the same since
April 2016. His physician states that he
is supportive of Mr. Dowling receiving
an exemption.
Robert Drake
Mr. Drake is a 46-year-old class D
driver in Arizona. He has a history of
epilepsy and has been seizure free since
2010. He takes anti-seizure medication
with the dosage and frequency
remaining the same since 2007. His
physician states that he is supportive of
Mr. Brown receiving an exemption.
Daniel H. Threatt
Mr. Threatt is a 21-year-old class C
driver in North Carolina. He has a
history of epilepsy and has been seizure
free since 2009. His anti-seizure
medication was discontinued in 2010.
His physician states that he is
supportive of Mr. Threatt receiving an
exemption.
IV. Request for Comments
In accordance with 49 U.S.C. 31136(e)
and 31315, FMCSA requests public
comment from all interested persons on
the exemption petitions described in
this notice. We will consider all
comments received before the close of
business on the closing date indicated
in the dates section of the notice.
Issued on: January 30, 2019.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2019–01275 Filed 2–5–19; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2019–0003]
Qualification of Drivers; Exemption
Applications; Vision
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Notice of denials.
AGENCY:
E:\FR\FM\06FEN1.SGM
06FEN1
Federal Register / Vol. 84, No. 25 / Wednesday, February 6, 2019 / Notices
FMCSA announces its
decision to deny applications from 62
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
https://www.regulations.gov. Insert the
docket number, FMCSA–2019–0003, 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.
amozie on DSK3GDR082PROD with NOTICES1
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
FMCSA received applications from 62
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
Under 49 U.S.C.31136(e) and 31315,
FMCSA may grant an exemption if it
finds such an exemption would likely
VerDate Sep<11>2014
18:09 Feb 05, 2019
Jkt 247001
achieve a level of safety that is
equivalent to, or greater than, 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 eligibility
criteria 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 62
applicants in this notice have been
denied exemptions from the physical
qualification standards in 49 CFR
391.41(b)(10).
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:
Colin H. Goss (KY); Samuel R.
Jennings (WA); and Michael A. Tomsha
(IA).
The following 29 applicants had no
experience operating a CMV:
Michael J. Baragona (NY)
Daniel E. Barnes (FL)
David R. Baskin (PA)
Victor D. Calderon (FL)
Onesimus C. Callaway (WA)
Daryl K. Chavis (MO)
Kevin F. Christof (TX)
William T. Comer (OH)
Kevin E. Curry (TX)
Patrick M. Cynar (IL)
Wondimu L. Fantawu (OH)
Phillip T. Ferraro (NJ)
Juan A. Flores (TX)
Gregory B. Gosha (AL)
Raymond W. Gudenau (MI)
Lucian D. Jackson (OH)
Anthony Jenkins (AL)
Eric C. Johnson (PA)
Candice Lambert (IL)
Dakota P. Mayberry (IL)
Ryan K. McConnell (SC)
Cameron A. Mote (TX)
PO 00000
Frm 00183
Fmt 4703
Sfmt 9990
2321
Edwin J. Orellana (NJ)
Javier A. Outeiro (UT)
Ryan T. Roberts (MN)
Robert Singley (NY)
Matthew A. Spaits (CO)
Joshua B. Wells (KY)
Matthew Zappi (PA)
The following four applicants did not
have three years of experience driving a
CMV on public highways with their
vision deficiencies:
Dale R. Bratcher (NM)
Robert A. Maston (GA)
Thomas W. Rush (TN)
Lance L. Russell (NY)
The following 16 applicants did not
have three years of recent experience
driving a CMV on public highways with
their vision deficiencies:
Ronald D. Averill (CO)
Mihail Bendos (WA)
Jeffrey W. Blackmon (TX)
Waynetta J. Evans (FL)
James L. Fourcher (UT)
William C. Kelley (WI)
Earl D. Lilley (TX)
Alan M. Mahler (IN)
Scott M. McDonnell (MI)
Ricky Moore (LA)
Anthony J. Mumphrey (IA)
William L. Peterson (NE)
Gregory D. Shirah (AL)
Shannon R. Smit (AZ)
Steve Trought (FL)
Joshua D. Wilcox (MD)
The following applicant, William T.
Satterley (KY), did not have sufficient
driving experience over the past three
years under normal highway operating
conditions (gaps in driving record).
The following seven applicants were
denied for multiple reasons:
Megin Berlin (NE)
Curtis V. Boys (IL)
Howard L. Jenkins (VA)
Joan C. Landis (FL)
Carlos Smith (LA)
Thomas L. Stollings (IN)
Michael R. Wilder (CO)
The following two applicants have
not had stable vision for the preceding
three-year period:
Earl W. Gibson (MO); and Donald E.
Ratliff (KY).
Issued on: January 30, 2019.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2019–01254 Filed 2–5–19; 8:45 am]
BILLING CODE 4910–EX–P
E:\FR\FM\06FEN1.SGM
06FEN1
]]>Agencies
[Federal Register Volume 84, Number 25 (Wednesday, February 6, 2019)]
[Notices]
[Pages 2320-2321]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-01254]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2019-0003]
Qualification of Drivers; Exemption Applications; Vision
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.
ACTION: Notice of denials.
-----------------------------------------------------------------------
[[Page 2321]]
SUMMARY: FMCSA announces its decision to deny applications from 62
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:
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 https://www.regulations.gov.
Insert the docket number, FMCSA-2019-0003, 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
FMCSA received applications from 62 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
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 than, 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
eligibility criteria 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 62 applicants in this notice have been
denied exemptions from the physical qualification standards in 49 CFR
391.41(b)(10).
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:
Colin H. Goss (KY); Samuel R. Jennings (WA); and Michael A. Tomsha
(IA).
The following 29 applicants had no experience operating a CMV:
Michael J. Baragona (NY)
Daniel E. Barnes (FL)
David R. Baskin (PA)
Victor D. Calderon (FL)
Onesimus C. Callaway (WA)
Daryl K. Chavis (MO)
Kevin F. Christof (TX)
William T. Comer (OH)
Kevin E. Curry (TX)
Patrick M. Cynar (IL)
Wondimu L. Fantawu (OH)
Phillip T. Ferraro (NJ)
Juan A. Flores (TX)
Gregory B. Gosha (AL)
Raymond W. Gudenau (MI)
Lucian D. Jackson (OH)
Anthony Jenkins (AL)
Eric C. Johnson (PA)
Candice Lambert (IL)
Dakota P. Mayberry (IL)
Ryan K. McConnell (SC)
Cameron A. Mote (TX)
Edwin J. Orellana (NJ)
Javier A. Outeiro (UT)
Ryan T. Roberts (MN)
Robert Singley (NY)
Matthew A. Spaits (CO)
Joshua B. Wells (KY)
Matthew Zappi (PA)
The following four applicants did not have three years of
experience driving a CMV on public highways with their vision
deficiencies:
Dale R. Bratcher (NM)
Robert A. Maston (GA)
Thomas W. Rush (TN)
Lance L. Russell (NY)
The following 16 applicants did not have three years of recent
experience driving a CMV on public highways with their vision
deficiencies:
Ronald D. Averill (CO)
Mihail Bendos (WA)
Jeffrey W. Blackmon (TX)
Waynetta J. Evans (FL)
James L. Fourcher (UT)
William C. Kelley (WI)
Earl D. Lilley (TX)
Alan M. Mahler (IN)
Scott M. McDonnell (MI)
Ricky Moore (LA)
Anthony J. Mumphrey (IA)
William L. Peterson (NE)
Gregory D. Shirah (AL)
Shannon R. Smit (AZ)
Steve Trought (FL)
Joshua D. Wilcox (MD)
The following applicant, William T. Satterley (KY), did not have
sufficient driving experience over the past three years under normal
highway operating conditions (gaps in driving record).
The following seven applicants were denied for multiple reasons:
Megin Berlin (NE)
Curtis V. Boys (IL)
Howard L. Jenkins (VA)
Joan C. Landis (FL)
Carlos Smith (LA)
Thomas L. Stollings (IN)
Michael R. Wilder (CO)
The following two applicants have not had stable vision for the
preceding three-year period:
Earl W. Gibson (MO); and Donald E. Ratliff (KY).
Issued on: January 30, 2019.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2019-01254 Filed 2-5-19; 8:45 am]
BILLING CODE 4910-EX-P
