Qualification of Drivers; Exemption Applications; Epilepsy and Seizure Disorders, 5274-5275 [2020-01551]

Download as PDF lotter on DSKBCFDHB2PROD with NOTICES 5274 Federal Register / Vol. 85, No. 19 / Wednesday, January 29, 2020 / Notices Daryl A. Lee (IN) Trey K. Legg (NE) Sabah K. Noori (NY) Dale K. Norris (MN) Larry M. Pratt (WI) Rodney J. Redmon (FL) Todd M. Roth (IN) Kenneth W. Schmidt (PA) Keith L. Spence (CT) Latonia B. Spicer (NC) Ronald E. Sutton (VA) Larry M. Tabish (MT) Forrest K. Williams (MO) The following seven applicants did not have 3 years of recent experience driving a CMV on public highways with their vision deficiencies: Lawrence A. DiVetro (NV) Madeline C. Duran (NM) Jack M. Elliott (KS) Johnnie R. Johnson (OK) William C. Kelley (WI) Jon A. Stevens (MN) Trent C. Tonner (IN) The following seven applicants did not have sufficient driving experience over the past 3 years under normal highway operating conditions (gaps in driving record): Alfredo E. Carrillo Posada (CO) Gregory B. Gosha (AL) Kelvin A. Hulett (MS) Leon J. Kirksey (MD) Jerred R. Murray (NY) Thomas A. Paukowits (MI) Rogelio Rocha Monjaraz (MD) The following applicant was charged with moving violations in conjunction with CMV accidents: Michael W. Leverett (MI) The following applicant had his commercial driver’s license suspended during the 3-year period in relation to a moving violation: Thomas M. Bakeberg (SD) The following applicant contributed to accident(s) in which the applicant was operating a CMV, which is a disqualifying offense: Bruce E. Hemmer (WI) The following two applicants did not hold a license which allowed operation of vehicles over 26,000 lbs. for all or part of the 3-year period: Norman D. Mosley (NJ); and Robert L. Strange (NC) The following 13 applicants were denied for multiple reasons: Gema L. Alvarado (UT) Eduardo Arguelles (TX) John N. Azzopardi (MT) Frank L. Crenshaw (OH) Tommie L. Dailey (AL) Giovanni Gualdron (NJ) Monica M. Hernandez (CA) Roman I. Hrabovskyi (NJ) VerDate Sep<11>2014 17:27 Jan 28, 2020 Jkt 250001 Johnny M. Kruprzak (OH) Elvin E. Martin (PA) Kevin D. Melvin (NY) Michael C. Shelp (NY) Raymond F. Sitter (ND) The following two applicants have not had stable vision for the preceding 3-year period: William C. Hurtgen (WI); and James N. Robbins (FL) The following applicant does not meet the vision standard in his better eye: Keith D. Smith (FL) The following nine applicants drove interstate while restricted to intrastate driving: Norlan A. Acosta (MD) Adam J. Crull (WA) Trina L. Garcia (CA) Jureco M. Hall (MD) Nathan J. Plumley (NY) Izone W. Pulley (MD) Sonya Rankins (CA) Arthur L. Spaventa (PA) Marlon A. Wilson (CT) Issued on: January 16, 2020. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2020–01549 Filed 1–28–20; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA–2015–0118] 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 an exemption for one individual 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 exemption enables this individual who has had one or more seizures and is taking anti-seizure medication to continue to operate CMVs in interstate commerce. DATES: The exemption was applicable on October 22, 2019. The exemption expires on October 22, 2021. FOR FURTHER INFORMATION CONTACT: Ms. Christine A. Hydock, Chief, Medical SUMMARY: PO 00000 Frm 00085 Fmt 4703 Sfmt 4703 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 Operations, (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 or http://www.regulations.gov/ docket?D=FMCSA-2015-0118 and choose the document to review. If you do not have access to the internet, you may view the docket online by visiting Docket Operations 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.transportation.gov/privacy. II. Background On December 4, 2019, FMCSA published a notice announcing its decision to renew an exemption for one individual 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 66454). The public comment period ended on January 3, 2020, and no comments were received. FMCSA has evaluated the eligibility of this applicant and determined that renewing the exemption would achieve a level of safety equivalent to, or greater than, the level that would be achieved by complying with § 391.41(b)(8). The physical qualification standard for drivers regarding epilepsy found in § 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 E:\FR\FM\29JAN1.SGM 29JAN1 Federal Register / Vol. 85, No. 19 / Wednesday, January 29, 2020 / Notices 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. III. Discussion of Comments Federal Motor Carrier Safety Administration [Docket No. FMCSA–2019–0167] Qualification of Drivers; Exemption Applications; Implantable Cardioverter Defibrillator (ICD) FMCSA received no comments in this proceeding. Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice of denials. IV. Conclusion SUMMARY: AGENCY: Based on its evaluation of the one renewal exemption application, FMCSA announces its decision to exempt the following driver from the epilepsy and seizure disorders prohibition in § 391.41(b)(8). As of October 22, 2019, and in accordance with 49 U.S.C. 31136(e) and 31315(b), Anthony Martens (SD) has satisfied the renewal conditions for obtaining an exemption from the epilepsy and seizure disorders prohibition in the FMCSRs for interstate CMV drivers (84 FR 66454). This driver was included in docket number FMCSA–2015–0118. The exemption is applicable as of October 22, 2019, and will expire on October 22, 2021. In accordance with 49 U.S.C. 31315(b), the exemption will be valid for 2 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(e) and 31315(b). Issued on: January 23, 2020. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2020–01551 Filed 1–28–20; 8:45 am] BILLING CODE 4910–EX–P lotter on DSKBCFDHB2PROD with NOTICES DEPARTMENT OF TRANSPORTATION 1 These criteria may be found in APPENDIX A TO PART 391—MEDICAL ADVISORY CRITERIA, section H. Epilepsy: § 391.41(b)(8), paragraphs 3, 4, and 5, which is available on the internet at https:// www.gpo.gov/fdsys/pkg/CFR-2015-title49-vol5/pdf/ CFR-2015-title49-vol5-part391-appA.pdf. VerDate Sep<11>2014 17:27 Jan 28, 2020 Jkt 250001 FMCSA announces its decision to deny applications from four individuals treated with Implantable Cardioverter Defibrillators (ICDs) who requested an exemption from the Federal Motor Carrier Safety Regulations (FMCSRs) prohibiting operation of a commercial motor vehicle (CMV) in interstate commerce by persons with a current clinical diagnosis of myocardial infarction, angina pectoris, coronary insufficiency, thrombosis, or any other cardiovascular disease of a variety known to be accompanied by syncope (transient loss of consciousness), dyspnea (shortness of breath), collapse, or congestive heart failure. 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 materials in the docket, contact Docket Operations, (202) 366–9826. SUPPLEMENTARY INFORMATION: FOR FURTHER INFORMATION CONTACT: 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/ docket?D=FMCSA-2019-0167 and choose the document to review. If you do not have access to the internet, you may view the docket online by visiting Docket Operations 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. PO 00000 Frm 00086 Fmt 4703 Sfmt 4703 5275 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.transportation.dot.gov/privacy. II. Background On October 1, 2019 FMCSA published a Federal Register notice (84 FR 52163) announcing receipt of applications from four individuals treated with ICDs and requesting comments from the public. These four individuals requested an exemption from 49 CFR 391.41(b)(4) that prohibits operation of a CMV in interstate commerce by persons with a current clinical diagnosis of myocardial infarction, angina pectoris, coronary insufficiency, thrombosis, or any other cardiovascular disease of a variety known to be accompanied by syncope, dyspnea, collapse, or congestive heart failure. The public comment period closed on October 31, 2019 and three comments were received. 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 § 391.41(b)(4). A summary of each applicant’s medical history related to their ICD exemption request was discussed in the October 1, 2019, Federal Register notice and will not be repeated here. The Agency’s decision regarding these exemption applications is based on information from the cardiovascular Medical Advisory Criteria, an April 2007 evidence report titled ‘‘Cardiovascular Disease and Commercial Motor Vehicle Driver Safety,’’ 1 and further supported in a December 2014 focused research report titled ‘‘Implantable Cardioverter Defibrillators and the Impact of a Shock in a Patient When Deployed.’’ Copies of these reports are included in the docket. 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.2 The advisory criteria for § 391.41(b)(4) indicates that coronary artery bypass surgery and pacemaker 1 The April 2007 Evidence report is available on the internet at https://rosap.ntl.bts.gov/view/dot/ 16462. 2 These criteria may be found in 49 CFR part 391, APPENDIX A TO PART 391—MEDICAL ADVISORY CRITERIA, section D. Cardiovascular: § 391.41(b)(4), paragraph 4, which is available on the internet at https://www.gpo.gov/fdsys/pkg/CFR2015-title49-vol5/pdf/CFR-2015-title49-vol5part391-appA.pdf. E:\FR\FM\29JAN1.SGM 29JAN1

Agencies

[Federal Register Volume 85, Number 19 (Wednesday, January 29, 2020)]
[Notices]
[Pages 5274-5275]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-01551]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2015-0118]


Qualification of Drivers; Exemption Applications; Epilepsy and 
Seizure Disorders

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION: Notice of final disposition.

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SUMMARY: FMCSA announces its decision to renew an exemption for one 
individual 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 exemption 
enables this individual who has had one or more seizures and is taking 
anti-seizure medication to continue to operate CMVs in interstate 
commerce.

DATES: The exemption was applicable on October 22, 2019. The exemption 
expires on October 22, 2021.

FOR FURTHER INFORMATION CONTACT: Ms. Christine A. Hydock, Chief, 
Medical Programs Division, (202) 366-4001, [email protected]t.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 Operations, (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 or http://www.regulations.gov/docket?D=FMCSA-2015-0118 and choose the document to review. If you do 
not have access to the internet, you may view the docket online by 
visiting Docket Operations 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.transportation.gov/privacy.

II. Background

    On December 4, 2019, FMCSA published a notice announcing its 
decision to renew an exemption for one individual 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 
66454). The public comment period ended on January 3, 2020, and no 
comments were received.
    FMCSA has evaluated the eligibility of this applicant and 
determined that renewing the exemption would achieve a level of safety 
equivalent to, or greater than, the level that would be achieved by 
complying with Sec.  391.41(b)(8).
    The physical qualification standard for drivers regarding epilepsy 
found in Sec.  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

[[Page 5275]]

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.
---------------------------------------------------------------------------

    \1\ These criteria may be found in APPENDIX A TO PART 391--
MEDICAL ADVISORY CRITERIA, section H. Epilepsy: Sec.  391.41(b)(8), 
paragraphs 3, 4, and 5, which is available on the internet at 
https://www.gpo.gov/fdsys/pkg/CFR-2015-title49-vol5/pdf/CFR-2015-title49-vol5-part391-appA.pdf.
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III. Discussion of Comments

    FMCSA received no comments in this proceeding.

IV. Conclusion

    Based on its evaluation of the one renewal exemption application, 
FMCSA announces its decision to exempt the following driver from the 
epilepsy and seizure disorders prohibition in Sec.  391.41(b)(8).
    As of October 22, 2019, and in accordance with 49 U.S.C. 31136(e) 
and 31315(b), Anthony Martens (SD) has satisfied the renewal conditions 
for obtaining an exemption from the epilepsy and seizure disorders 
prohibition in the FMCSRs for interstate CMV drivers (84 FR 66454).
    This driver was included in docket number FMCSA-2015-0118. The 
exemption is applicable as of October 22, 2019, and will expire on 
October 22, 2021.
    In accordance with 49 U.S.C. 31315(b), the exemption will be valid 
for 2 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(e) and 
31315(b).

     Issued on: January 23, 2020.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2020-01551 Filed 1-28-20; 8:45 am]
BILLING CODE 4910-EX-P