Qualification of Drivers; Exemption Applications; Epilepsy and Seizure Disorders, 33807-33808 [2019-14974]
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Federal Register / Vol. 84, No. 135 / Monday, July 15, 2019 / Notices
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).
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).
supportive of Mr. Haslip receiving an
exemption.
III. Qualifications of Applicants
Ms. Miller is a 52 year-old class C
driver in Texas. She has a history of a
single unprovoked seizure and has been
seizure free since 2015. She takes antiseizure medication with the dosage and
frequency remaining the same since
2016. Her physician states that he is
supportive of Ms. Miller receiving an
exemption.
Aaron Ashford
Mr. Ashford is a 22 year-old class C
driver in Michigan. He has history of
childhood seizures and has been seizure
free since 2002. His anti-seizure
medication was discontinued in 2002.
His physician states that he is
supportive of Mr. Ashford receiving an
exemption.
Elton Behnken
Mr. Behnken is a 64 year-old class A
CDL holder in Minnesota. He has a
history of a single disorder and has been
seizure free since 2000. He takes antiseizure medication with the dosage and
frequency remaining the same since
2000. His physician states that he is
supportive of Mr. Behnken receiving an
exemption.
Tina Farmer
Ms. Farmer is a 45 year-old class C
driver in Pennsylvania. She has a
history of epilepsy and has been seizure
free since 2009. She takes anti-seizure
medication with the dosage and
frequency remaining the same since
December 2016. Her physician states
that she is supportive of Ms. Farmer
receiving an exemption.
Elizabeth Galvin
khammond on DSKBBV9HB2PROD with NOTICES
Ms. Galvin is a 56 year-old class C
driver in Georgia. She has a history of
a seizure disorder and has been seizure
free since 2009. She takes anti-seizure
medication with the dosage and
frequency remaining the same since
1998. Her physician states that he is
supportive of Ms. Galvin receiving an
exemption.
Roderick Haslip
Mr. Haslip is a 58 year-old class A
CDL holder in New York. He has a
history of a seizure disorder and has
been seizure free since 2010. He takes
anti-seizure medication with the dosage
and frequency remaining the same since
2010. His physician states that he is
VerDate Sep<11>2014
16:08 Jul 12, 2019
Jkt 247001
Brian E. Kinkade
Barbara Miller
Ryan Moore
Mr. Moore is a 38 year-old class A
CDL holder in North Carolina. He has a
history of epilepsy and has been seizure
free since 2009. He takes anti-seizure
medication with the dosage and
frequency remaining the same since
2014. His physician states that he is
supportive of Mr. Moore receiving an
exemption.
Roger Prynn
Mr. Prynn is a 58 year-old class DM
CDL holder in New York. He has a
history of syncopal episodes and has
been syncope episode free since 2009.
He takes anti-seizure medication with
the dosage and frequency remaining the
same since 2010. His physician states
that he is supportive of Mr. Prynn
receiving an exemption.
Jerel Sayers
Mr. Sayers is a 51 year-old class A
CDL holder in Idaho. He has a history
of epilepsy and has been seizure free
since 2006. He takes anti-seizure
medication with the dosage and
frequency remaining the same since
2014. His physician states that he is
supportive of Mr. Sayers 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.
Frm 00075
Fmt 4703
Issued on: July 5, 2019.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2019–14968 Filed 7–12–19; 8:45 am]
Mr. Kinkade is a 58 year-old class B
CDL holder in Missouri. He has a
history of a seizure disorder and has
been seizure free since 2002. He takes
anti-seizure medication with the dosage
and frequency remaining the same since
2012. His physician states that he is
supportive of Mr. Kinkade receiving an
exemption.
PO 00000
33807
Sfmt 4703
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2010–0203; FMCSA–
2014–0381]
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 two
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 March 10, 2019. The exemptions
expire on March 10, 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 or
FMCSA–2014–0381, 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
E:\FR\FM\15JYN1.SGM
15JYN1
33808
Federal Register / Vol. 84, No. 135 / Monday, July 15, 2019 / Notices
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.
khammond on DSKBBV9HB2PROD with NOTICES
II. Background
On April 18, 2019, FMCSA published
a notice announcing its decision to
renew exemptions for two 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 16331). The public
comment period ended on May 20,
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 two
renewal exemption applications,
FMCSA announces its decision to
VerDate Sep<11>2014
16:08 Jul 12, 2019
Jkt 247001
exempt the following drivers from the
epilepsy and seizure disorders
prohibition in 49 CFR 391.41(b)(8).
As of March 10, 2019, 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 (84 FR 16331): John C.
Griffith (ND) and Denton Hineline
(WA).
The drivers were included in docket
numbers FMCSA–2010–0203; FMCSA–
2014–0381. Their exemptions are
applicable as of March 10, 2019, and
will expire on March 10, 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: July 5, 2019.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2019–14974 Filed 7–12–19; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2016–0315]
Qualification of Drivers; Exemption
Applications; Epilepsy and Seizure
Disorders
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Notice of renewal of
exemptions; request for comments.
AGENCY:
FMCSA announces its
decision to renew exemptions for three
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
SUMMARY:
PO 00000
Frm 00076
Fmt 4703
Sfmt 4703
continue to operate CMVs in interstate
commerce.
DATES: The exemptions were applicable
on May 5, 2019. The exemptions expire
on May 5, 2021. Comments must be
received on or before received on or
before August 14, 2019.
ADDRESSES: You may submit comments
identified by the Federal Docket
Management System (FDMS) Docket No.
FMCSA–2016–0315 using any of the
following methods:
• Federal eRulemaking Portal: Go to
https://www.regulations.gov. Follow the
online instructions for submitting
comments.
• Mail: Docket Management Facility;
U.S. Department of Transportation, 1200
New Jersey Avenue SE, West Building
Ground Floor, Room W12–140,
Washington, DC 20590–0001.
• Hand Delivery: West Building
Ground Floor, Room W12–140, 1200
New Jersey Avenue SE, Washington,
DC, between 9 a.m. and 5 p.m., ET,
Monday through Friday, except Federal
Holidays.
• Fax: 1–202–493–2251.
To avoid duplication, please use only
one of these four methods. See the
‘‘Public Participation’’ portion of the
SUPPLEMENTARY INFORMATION section for
instructions on submitting comments.
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. Submitting Comments
If you submit a comment, please
include the docket number for this
notice (Docket No. FMCSA–2016–0315),
indicate the specific section of this
document to which each comment
applies, and provide a reason for each
suggestion or recommendation. You
may submit your comments and
material online or by fax, mail, or hand
delivery, but please use only one of
these means. FMCSA recommends that
you include your name and a mailing
address, an email address, or a phone
number in the body of your document
so that FMCSA can contact you if there
are questions regarding your
submission.
E:\FR\FM\15JYN1.SGM
15JYN1
Agencies
[Federal Register Volume 84, Number 135 (Monday, July 15, 2019)]
[Notices]
[Pages 33807-33808]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-14974]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2010-0203; FMCSA-2014-0381]
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 two
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 March 10, 2019. The exemptions
expire on March 10, 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 or FMCSA-2014-0381, 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
[[Page 33808]]
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 18, 2019, FMCSA published a notice announcing its decision
to renew exemptions for two 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
16331). The public comment period ended on May 20, 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 two 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 March 10, 2019, 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 (84 FR
16331): John C. Griffith (ND) and Denton Hineline (WA).
The drivers were included in docket numbers FMCSA-2010-0203; FMCSA-
2014-0381. Their exemptions are applicable as of March 10, 2019, and
will expire on March 10, 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: July 5, 2019.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2019-14974 Filed 7-12-19; 8:45 am]
BILLING CODE 4910-EX-P