Qualification of Drivers; Exemption Applications; Epilepsy and Seizure Disorders, 16326-16327 [2019-07792]

Download as PDF 16326 Federal Register / Vol. 84, No. 75 / Thursday, April 18, 2019 / Notices significantly increasing the cost of the fireworks display. The applicant asserts that without the extra duty period provided by the exemption, safety would decline as firework drivers would be unable to return to their home base following each show should they have fireworks remaining after the display. They would be forced to park the CMVs carrying Division 1.3G and 1.4G products in areas less secure than the motor carrier’s home base. Method To Ensure an Equivalent or Greater Level of Safety jbell on DSK30RV082PROD with NOTICES [FR Doc. 2019–07784 Filed 4–17–19; 8:45 am] BILLING CODE 4910–EX–P VerDate Sep<11>2014 17:37 Apr 17, 2019 Jkt 247001 Federal Motor Carrier Safety Administration 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 nine 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: The exemptions were applicable on December 21, 2018. The exemptions expire on December 21, 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., 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 https://www.regulations.gov. Insert the docket number, FMCSA–2013–0108; FMCSA–2014–0382; FMCSA–2015– 0322; FMCSA–2015–0323; FMCSA– 2016–0008, 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, PO 00000 Frm 00088 Fmt 4703 Sfmt 4703 Washington, DC 20590, between 9 a.m. and 5 p.m., ET, Monday through Friday, except Federal holidays. B. Privacy Act [Docket No. FMCSA- FMCSA–2013–0108; FMCSA–2014–0382; FMCSA–2015–0322; FMCSA–2015–0323; FMCSA–2016–0008] SUMMARY: As a condition for maintaining the exemption, each motor carrier would be required to notify FMCSA within 5 business days of any crash (as defined in 49 CFR 390.5) involving the operation of any CMVs under this exemption. The applicant advised that its drivers have never been involved in an accident and that it does not believe the exemption would change that record. In the exemption request, the applicant asserts that the operational demands of this unique industry minimize the risks of CMV crashes. In the last few days before the Independence Day holiday, these drivers transport fireworks over relatively short routes from distribution points to the site of the fireworks display and normally do so in the early morning when traffic is light. The applicant noted that during the 2018 Independence Day season, the farthest show from its home base was 150 miles. At the site, drivers spend considerable time installing, wiring, and checking the safety of fireworks displays, followed by several hours of duty in the late afternoon and early evening prior to the event. Before beginning another duty day, these drivers must take 10 consecutive hours off duty, the same as other CMV drivers. A copy of the application for exemption is available for review in the docket for this notice. Issued on: April 11, 2019. Larry W. Minor, Associate Administrator for Policy. DEPARTMENT OF TRANSPORTATION 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 February 19, 2019, FMCSA published a notice announcing its decision to renew exemptions for nine 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 (84 FR 4893). The public comment period ended on March 21, 2019, 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: § 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 nine 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). E:\FR\FM\18APN1.SGM 18APN1 Federal Register / Vol. 84, No. 75 / Thursday, April 18, 2019 / Notices As of December 21, 2018, and in accordance with 49 U.S.C. 31136(e) and 31315, the following nine individuals have satisfied the renewal conditions for obtaining an exemption from the epilepsy and seizure disorders prohibition in the FMCSRs for interstate CMV drivers (84 FR 4893): Stephen L. Amell (VT) Mark W. Beery (OH) Douglas Cantwell (TN) Kenneth B. Elder (KY) Ronnie D. Moody (NC) Michael S. Shumake (VA) Douglas J. Simms, Jr. (NC) Shaen C. Smith (MN) Tara VanHorne (PA) The drivers were included in docket number FMCSA–2013–0108; FMCSA– 2014–0382; FMCSA–2015–0322; FMCSA–2015–0323; FMCSA–2016– 0008. Their exemptions are applicable as of December 21, 2018, and will expire on December 21, 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: April 11, 2019. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2019–07792 Filed 4–17–19; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA–2019–0004] Qualification of Drivers; Exemption Applications; Vision Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice of final disposition. AGENCY: FMCSA announces its decision to exempt 12 individuals from the vision requirement in the Federal Motor Carrier Safety Regulations (FMCSRs) to operate a commercial motor vehicle (CMV) in interstate commerce. They are unable to meet the vision requirement in one eye for various reasons. The exemptions enable these individuals to operate CMVs in jbell on DSK30RV082PROD with NOTICES SUMMARY: VerDate Sep<11>2014 17:37 Apr 17, 2019 Jkt 247001 interstate commerce without meeting the vision requirement in one eye. DATES: The exemptions were applicable on March 26, 2019. The exemptions expire on March 26, 2021. 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 https://www.regulations.gov. Insert the docket number, FMCSA–2019–0004, 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 February 21, 2019, FMCSA published a notice announcing receipt of applications from 12 individuals requesting an exemption from vision requirement in 49 CFR 391.41(b)(10) and requested comments from the public (84 FR 5550). The public comment period ended on March 25, 2019, and no 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 PO 00000 Frm 00089 Fmt 4703 Sfmt 4703 16327 complying with the current regulation 49 CFR 391.41(b)(10). The physical qualification standard for drivers regarding vision found in 49 CFR 391.41(b)(10) states that a person is physically qualified to drive a CMV if that person has distant visual acuity of at least 20/40 (Snellen) in each eye without corrective lenses or visual acuity separately corrected to 20/40 (Snellen) or better with corrective lenses, distant binocular acuity of a least 20/40 (Snellen) in both eyes with or without corrective lenses, field of vision of at least 70° in the horizontal meridian in each eye, and the ability to recognize the colors of traffic signals and devices showing red, green, and amber. III. Discussion of Comments FMCSA received no comments in this proceeding. IV. Basis for Exemption Determination Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption for up to five years from the vision standard in 49 CFR 391.41(b)(10) if the exemption is likely to achieve an equivalent or greater level of safety than would be achieved without the exemption. The exemption allows applicants to operate CMVs in interstate commerce. 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 medical reports about the applicants’ vision, as well as their driving records and experience driving with the vision deficiency. The qualifications, experience, and medical condition of each applicant were stated and discussed in detail in the February 21, 2019, Federal Register notice (84 FR 5550) and will not be repeated in this notice. FMCSA recognizes that some drivers do not meet the vision requirement but have adapted their driving to accommodate their limitation and demonstrated their ability to drive safely. The 12 exemption applicants listed in this notice are in this category. They are unable to meet the vision requirement in one eye for various reasons, including amblyopia, chorioretinal scar, macular degeneration, macular hole, macular scar, prosthesis, and retinal vein occlusion. In most cases, their eye conditions were not recently developed. Six of the applicants were either born with their vision impairments or have had them since childhood. The six individuals that sustained their vision conditions as adults have had it for a E:\FR\FM\18APN1.SGM 18APN1

Agencies

[Federal Register Volume 84, Number 75 (Thursday, April 18, 2019)]
[Notices]
[Pages 16326-16327]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-07792]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA- FMCSA-2013-0108; FMCSA-2014-0382; FMCSA-2015-0322; 
FMCSA-2015-0323; FMCSA-2016-0008]


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 nine 
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: The exemptions were applicable on December 21, 2018. The 
exemptions expire on December 21, 2020.

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 https://www.regulations.gov. 
Insert the docket number, FMCSA-2013-0108; FMCSA-2014-0382; FMCSA-2015-
0322; FMCSA-2015-0323; FMCSA-2016-0008, 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 February 19, 2019, FMCSA published a notice announcing its 
decision to renew exemptions for nine 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 (84 FR 
4893). The public comment period ended on March 21, 2019, 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 nine 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).

[[Page 16327]]

    As of December 21, 2018, and in accordance with 49 U.S.C. 31136(e) 
and 31315, the following nine individuals have satisfied the renewal 
conditions for obtaining an exemption from the epilepsy and seizure 
disorders prohibition in the FMCSRs for interstate CMV drivers (84 FR 
4893):

Stephen L. Amell (VT)
Mark W. Beery (OH)
Douglas Cantwell (TN)
Kenneth B. Elder (KY)
Ronnie D. Moody (NC)
Michael S. Shumake (VA)
Douglas J. Simms, Jr. (NC)
Shaen C. Smith (MN)
Tara VanHorne (PA)

    The drivers were included in docket number FMCSA-2013-0108; FMCSA-
2014-0382; FMCSA-2015-0322; FMCSA-2015-0323; FMCSA-2016-0008. Their 
exemptions are applicable as of December 21, 2018, and will expire on 
December 21, 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: April 11, 2019.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2019-07792 Filed 4-17-19; 8:45 am]
 BILLING CODE 4910-EX-P
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