Qualification of Drivers; Exemption Applications; Epilepsy and Seizure Disorders, 27690-27691 [2019-12491]

Download as PDF 27690 Federal Register / Vol. 84, No. 114 / Thursday, June 13, 2019 / Notices 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 be physically examined every year (a) by an ophthalmologist or optometrist who attests that the vision in the better eye continues to meet the standard in 49 CFR 391.41(b)(10) and (b) by a certified Medical Examiner who attests that the individual is otherwise physically qualified under 49 CFR 391.41; (2) each driver must provide a copy of the ophthalmologist’s or optometrist’s report to the Medical Examiner at the time of the annual medical examination; and (3) each driver must provide a copy of the annual medical certification to the employer for retention in the driver’s qualification file, or keep a copy in his/ her driver’s qualification file if he/she is self-employed. The driver must also have a copy of the exemption when driving, for presentation to a duly authorized Federal, State, or local enforcement official. khammond on DSKBBV9HB2PROD with NOTICES VI. Preemption 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. VII. Conclusion Based upon its evaluation of the 12 exemption applications, FMCSA exempts the following drivers from the vision requirement, 49 CFR 391.41(b)(10), subject to the requirements cited above: Vilas R. Adank (MN) Lance S. Binner (MN) Jody E. Bondi (AZ) Stephen L. Cornish (MN) Dale A. Dodson (KS) Jorge Estol (FL) Bret S. Graham (ME) Daniel W. Hodge (TN) Russell P. Kosinko (PA) Joe M. Perez (TX) Samuel Sanchez (NY) Curtis M. Tharpe (VA) In accordance with 49 U.S.C. 31136(e) and 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 VerDate Sep<11>2014 16:55 Jun 12, 2019 Jkt 247001 would not be consistent with the goals and objectives of 49 U.S.C. 31136 and 31315. Issued on: June 7, 2019. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2019–12490 Filed 6–12–19; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION B. Privacy Act Federal Motor Carrier Safety Administration [Docket No. FMCSA–2010–0203; FMCSA– 2016–0011; FMCSA–2016–0313] 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 February 3, 2019. The exemptions expire on February 3, 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: 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–2010–0203; FMCSA–2016–0011; FMCSA–2016– 0313, in the keyword box, and click PO 00000 Frm 00112 Fmt 4703 Sfmt 4703 ‘‘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. 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 April 1, 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 12320). The public comment period ended on May 1, 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. E:\FR\FM\13JNN1.SGM 13JNN1 Federal Register / Vol. 84, No. 114 / Thursday, June 13, 2019 / Notices 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). In accordance with 49 U.S.C. 31136(e) and 31315, the following groups of drivers received renewed exemptions in the month of February and are discussed below. As of February 2019, 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 12320): Ryan Babler (WI) James Connelly (NJ) Ricky Conway, Jr. (MO) Bradley Hollister (PA) Henrietta Ketcham (NY) Michael Merical (NY) Elvin P. Morgan (CA) Larry Nicholson (NC) Daniel Zielinski (OR) The drivers were included in docket numbers FMCSA–2010–0203; FMCSA– 2016–0011; FMCSA–2016–0313. Their exemptions are applicable as of February 3, 2019, and will expire on February 3, 2021. 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: June 7, 2019. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2019–12491 Filed 6–12–19; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION khammond on DSKBBV9HB2PROD with NOTICES [Docket No. DOT–OST–2015–0271] Agency Request for Renewal of a Previously Approved Information Collection: Prioritization and Allocation Authority Exercised by the Secretary of Transportation Under the Defense Production Act Office of the Secretary of Transportation, DOT. AGENCY: VerDate Sep<11>2014 16:55 Jun 12, 2019 Notice and request for comments. ACTION: Jkt 247001 The Department of Transportation (DOT) invites public comments about our intention to request the Office of Management and Budget (OMB) approval to renew an information collection. The collection involves information required in an application to request Special Priorities Assistance. The information to be collected is necessary to facilitate the supply of civil transportation resources to promote the national defense. We are required to publish this notice in the Federal Register by the Paperwork Reduction Act of 1995. A 60-day notice was published in the Federal Register on March 25, 2019. No comments were received. DATES: Written comments should be submitted by July 15, 2019. ADDRESSES: Your comments should be identified by Docket No. DOT–OST– 2015–0271 and may be submitted through one of the following methods: • Office of Management and Budget, Attention: Desk Officer for U.S. Department of Transportation, Office of Information and Regulatory Affairs, Office of Management and Budget, Docket Library, Room 10102, 725 17th Street NW, Washington, DC 20503. • Email: oira_submission@ omb.eop.gov. • Fax: (202) 395–5806. Attention: DOT/OST Desk Officer. FOR FURTHER INFORMATION CONTACT: Anita Womack, 202–366–2250, Office of Intelligence, Security and Emergency Response, Office of the Secretary of Transportation, U.S. Department of Transportation, 1200 New Jersey Avenue SE, Washington, DC 20590. SUPPLEMENTARY INFORMATION: OMB Control Number: 2105–0567. Title: Prioritization and Allocation Authority Exercised by the Secretary of Transportation Under the Defense Production Act. Form Numbers: OST F 1254. Type of Review: Renewal of a previously approved information collection. Background: The Defense Production Act Reauthorization of 2009 (Pub. L. 111–67, September 30, 2009) requires each Federal agency with delegated authority under section 101 of the Defense Production Act of 1950, as amended (50 U.S.C. App. Sec. 2061 et seq.) to issue final rules establishing standards and procedures by which the priorities and allocations authority is used to promote the national defense. The Secretary of Transportation has the delegated authority for all forms of civil SUMMARY: PO 00000 Frm 00113 Fmt 4703 Sfmt 4703 27691 transportation. DOT’s final rule, Transportation Priorities and Allocation System (TPAS), published October 2012, requires this information collection. Form OST F 1254, Request for Special Priorities Assistance, would be filled out by private sector applicants, such as transportation companies or organizations. The private sector applicant must submit company information, the services or items for which the assistance is requested, and specific information about those services or items. Respondents: Private sector applicants, such as transportation companies or organizations. Number of Respondents: We estimate 6 respondents. Total Annual Burden: We estimate an average burden of 30 minutes per respondent for an estimated total annual burden of 3 hours. Public Comments Invited: You are asked to comment on any aspect of this information collection, including (a) Whether the proposed collection of information is necessary for the Department’s performance; (b) the accuracy of the estimated burden; (c) ways for the Department to enhance the quality, utility and clarity of the information collection; and (d) ways that the burden could be minimized without reducing the quality of the collected information. The agency will summarize and/or include your comments in the request for OMB’s clearance of this information collection. Authority: The Paperwork Reduction Act of 1995; 44 U.S.C. Chapter 35, as amended; and 49 CFR 1:48. Issued in Washington, DC, on June 7, 2019. Donna O’Berry, Deputy Director, Office of Intelligence, Security and Emergency Response. [FR Doc. 2019–12488 Filed 6–12–19; 8:45 am] BILLING CODE 4910–9X–P DEPARTMENT OF THE TREASURY Internal Revenue Service Proposed Collection; Comment Request for Form 8824 Internal Revenue Service (IRS), Treasury. ACTION: Notice and request for comments. AGENCY: The Internal Revenue Service, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to take this opportunity to comment on information collections, as required by the SUMMARY: E:\FR\FM\13JNN1.SGM 13JNN1

Agencies

[Federal Register Volume 84, Number 114 (Thursday, June 13, 2019)]
[Notices]
[Pages 27690-27691]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-12491]


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

DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2010-0203; FMCSA-2016-0011; FMCSA-2016-0313]


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 February 3, 2019. The 
exemptions expire on February 3, 2021.

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-2010-0203; FMCSA-2016-0011; FMCSA-2016-
0313, 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 April 1, 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 
12320). The public comment period ended on May 1, 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.

[[Page 27691]]

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).
    In accordance with 49 U.S.C. 31136(e) and 31315, the following 
groups of drivers received renewed exemptions in the month of February 
and are discussed below. As of February 2019, 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 12320):

Ryan Babler (WI)
James Connelly (NJ)
Ricky Conway, Jr. (MO)
Bradley Hollister (PA)
Henrietta Ketcham (NY)
Michael Merical (NY)
Elvin P. Morgan (CA)
Larry Nicholson (NC)
Daniel Zielinski (OR)

    The drivers were included in docket numbers FMCSA-2010-0203; FMCSA-
2016-0011; FMCSA-2016-0313. Their exemptions are applicable as of 
February 3, 2019, and will expire on February 3, 2021.
    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: June 7, 2019.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2019-12491 Filed 6-12-19; 8:45 am]
BILLING CODE 4910-EX-P

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.