Qualification of Drivers; Exemption Applications; Vision, 68408-68409 [2020-23805]
Download as PDF
<![CDATA[
jbell on DSKJLSW7X2PROD with NOTICES
68408
Federal Register / Vol. 85, No. 209 / Wednesday, October 28, 2020 / Notices
assist medical examiners (MEs) in
determining whether drivers with
certain medical conditions are qualified
to operate a CMV in interstate
commerce.
The criteria states that if an individual
has had a sudden episode of a nonepileptic seizure or loss of
consciousness of unknown cause that
did not require anti-seizure 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 ME in
consultation with the treating physician.
Before certification is considered, it is
suggested that a 6-month 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 anti-seizure medication is
not required, then the driver may be
qualified.
In those individual cases where a
driver has 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 5year period or more.
As a result of MEs 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 ME 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
www.gpo.gov/fdsys/pkg/CFR-2015-title49-vol5/pdf/
CFR-2015-title49-vol5-part391-appA.pdf.
VerDate Sep<11>2014
18:29 Oct 27, 2020
Jkt 253001
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 that time, the Agency has
published additional notices granting
requests from individuals for
exemptions from the regulatory
requirement regarding epilepsy found in
§ 391.41(b)(8).
To be considered for an exemption
from the epilepsy and seizure disorders
prohibition in § 391.41(b)(8), applicants
must meet the criteria in the 2007
recommendations of the Agency’s
Medical Expert Panel (78 FR 3069).
III. Qualifications of Applicants
Scott Baggarley
Mr. Baggarley is a 49-year old CDL
holder in Washington. He has a history
of epilepsy, and has been seizure free
since 2012. He takes anti-seizure
medication with the dosage and
frequency remaining the same for over
2 years. His physician states that he is
supportive of Mr. Baggarley receiving an
exemption.
Keith E. Hubbard
Mr. Hubbard is a 37-year old CDL
holder in West Virginia. He has a
history of seizures, and has been seizure
free since May 2012. He takes antiseizure medication with the dosage and
frequency remaining the same since
2013. His physician states that he is
supportive of Mr. Hubbard receiving an
exemption.
Billy R. Hunter
Mr. Hunter is a 34-year old CDL
holder in Kentucky. He has a history of
epilepsy, and has been seizure free since
2012. He takes anti-seizure medication
with the dosage and frequency
remaining the same since 2013. His
physician states that he is supportive of
Mr. Hunter receiving an exemption.
Devyn R. Roberts
Mr. Roberts is a 25-year old Class D
driver license holder in Kentucky. He
has a history of seizures, and has been
seizure free since 2012. He takes antiseizure medication with the dosage and
frequency remaining the same since
2016. His physician states that he is
supportive of Mr. Roberts receiving an
exemption.
Saundra Wesselman
Ms. Wesselman is a 66-year old
operator license holder in Indiana. She
has a history of epilepsy, and has been
seizure free since April 2006. She takes
anti-seizure medication with the dosage
and frequency remaining the same since
PO 00000
Frm 00124
Fmt 4703
Sfmt 4703
February 2018. Her physician states that
she is supportive of Ms. Wesselman
receiving an exemption.
IV. Request for Comments
In accordance with 49 U.S.C. 31136(e)
and 31315(b), 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
under the DATES section of the notice.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2020–23832 Filed 10–27–20; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2020–0013]
Qualification of Drivers; Exemption
Applications; Vision
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Notice of denials.
AGENCY:
FMCSA announces its
decision to deny applications from 36
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. If you have questions
regarding viewing materials in the
docket, contact Dockets Operations,
(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/
docket?D=FMCSA-2020-0013 and
choose the document to review. If you
do not have access to the internet, you
may view the docket online by visiting
Dockets 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.
E:\FR\FM\28OCN1.SGM
28OCN1
Federal Register / Vol. 85, No. 209 / Wednesday, October 28, 2020 / Notices
and 5 p.m., ET, Monday through Friday,
except Federal holidays. To be sure
someone is there to help you, please call
(202) 366–9317 or (202) 366–9826
before visiting Dockets Operations.
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
FMCSA received applications from 36
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 § 391.41(b)(10).
jbell on DSKJLSW7X2PROD with NOTICES
III. Basis for Exemption Determination
Under 49 U.S.C. 31136(e) and
31315(b), FMCSA may grant an
exemption from the FMCSRs for no
longer than a 5-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.
FMCSA grants exemptions from the
FMCSRs for a 2-year 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.
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 § 391.41(b)(10).
Therefore, the 36 applicants in this
notice have been denied exemptions
from the physical qualification
standards in § 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
VerDate Sep<11>2014
18:29 Oct 27, 2020
Jkt 253001
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 19 applicants had no
experience operating a CMV:
Stanley F. Ahlfield (IL)
James E. Aldrich (NM)
Wynton D. Blake (OH)
Benjamin Boyles (WV)
Larry W. Brown (AL)
Mitulkumar A. Chaudhari (WY)
Robert Cullen (NJ)
David C. Finn (TN)
Charles G. Hicks (GA)
Luther S. Horne (NC)
Nick Hughes (MD)
Felix C. Lopez (TX)
Shokrukh Mamadaliev (FL)
Steven G. Moore (CA)
Thomas W. Nugent (TX)
Kevin R. Sautter (MD)
Bobby T. Stevens (KY)
James Thompson (ID)
Akeem T. Williams (PA)
The following six applicants did not
have 3 years of experience driving a
CMV on public highways with their
vision deficiencies:
Lesle Barber (GA)
Jorge Delgado (TX)
Owen R. Dossett (AL)
Austin J. Ortiz (MN)
Marcel L. Paul (WA)
Ethan T. Wheeler (KY)
The following two applicants did not
have 3 years of recent experience
driving a CMV on public highways with
their vision deficiencies:
Thomas E. Price (OH) and Joe R.
Wells (PA)
The following four applicants did not
have sufficient driving experience over
the past 3 years under normal highway
operating conditions (gaps in driving
record):
Philip S. Crews (NC)
Mark Kupke (WY)
Scott M. McDonnell (TX)
Jovan Popovic (IL)
The following two applicants did not
have an optometrist or ophthalmologist
willing to make a statement that they are
able to operate a commercial vehicle
from a vision standpoint:
Seth M. Cross (OR) and Gary Wright
(TX)
The following three applicants were
denied for multiple reasons:
Jarrie L. King (Al); John Mulrooney
(FL); and Brandon R. Stacey (MD).
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2020–23805 Filed 10–27–20; 8:45 am]
BILLING CODE 4910–EX–P
PO 00000
Frm 00125
Fmt 4703
Sfmt 4703
68409
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2020–0112]
Parts and Accessories Necessary for
Safe Operation; Application for an
Exemption From Samsara Networks
Inc.
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Notice of final disposition.
AGENCY:
The Federal Motor Carrier
Safety Administration (FMCSA)
announces its decision to grant the
Samsara Networks, Inc. (Samsara)
application for a limited 5-year
exemption to allow its AI Dash Cam
device to be mounted lower in the
windshield on commercial motor
vehicles (CMV) than is currently
permitted. The Agency has determined
that lower placement of the AI Dash
Cam device would not have an adverse
impact on safety and that adherence to
the terms and conditions of the
exemption would likely achieve a level
of safety equivalent to, or greater than,
the level of safety provided by the
regulation.
SUMMARY:
This exemption is effective
October 28, 2020 and ending October
28, 2025.
FOR FURTHER INFORMATION CONTACT: Mr.
Jose´ R. Cestero, Vehicle and Roadside
Operations Division, Office of Carrier,
Driver, and Vehicle Safety, MC–PSV,
(202) 366–5541, Federal Motor Carrier
Safety Administration, 1200 New Jersey
Avenue SE, Washington, DC 20590–
0001.
Docket: For access to the docket to
read background documents or
comments submitted to notice
requesting public comments on the
exemption application, go to
www.regulations.gov at any time or visit
Room W12–140 on the ground level of
the West Building, 1200 New Jersey
Avenue SE, Washington, DC, between 9
a.m. and 5 p.m., ET, Monday through
Friday, except Federal holidays. To be
sure someone is there to help you,
please call (202) 366–9317 or (202) 366–
9826 before visiting Docket Operations.
The online Federal document
management system is available 24
hours each day, 365 days each year. The
docket number is listed at the beginning
of this notice.
SUPPLEMENTARY INFORMATION:
DATES:
Background
FMCSA has authority under 49 U.S.C.
31136(e) and 31315 to grant exemptions
E:\FR\FM\28OCN1.SGM
28OCN1
]]>Agencies
[Federal Register Volume 85, Number 209 (Wednesday, October 28, 2020)]
[Notices]
[Pages 68408-68409]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-23805]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2020-0013]
Qualification of Drivers; Exemption Applications; Vision
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.
ACTION: Notice of denials.
-----------------------------------------------------------------------
SUMMARY: FMCSA announces its decision to deny applications from 36
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, [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 materials in the docket, contact Dockets
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 https://www.regulations.gov/docket?D=FMCSA-2020-0013 and choose the document to review. If you do
not have access to the internet, you may view the docket online by
visiting Dockets 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.
[[Page 68409]]
and 5 p.m., ET, Monday through Friday, except Federal holidays. To be
sure someone is there to help you, please call (202) 366-9317 or (202)
366-9826 before visiting Dockets Operations.
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
FMCSA received applications from 36 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 Sec. 391.41(b)(10).
III. Basis for Exemption Determination
Under 49 U.S.C. 31136(e) and 31315(b), FMCSA may grant an exemption
from the FMCSRs for no longer than a 5-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. FMCSA grants exemptions from the FMCSRs for a 2-year 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.
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 Sec. 391.41(b)(10).
Therefore, the 36 applicants in this notice have been denied exemptions
from the physical qualification standards in Sec. 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 19 applicants had no experience operating a CMV:
Stanley F. Ahlfield (IL)
James E. Aldrich (NM)
Wynton D. Blake (OH)
Benjamin Boyles (WV)
Larry W. Brown (AL)
Mitulkumar A. Chaudhari (WY)
Robert Cullen (NJ)
David C. Finn (TN)
Charles G. Hicks (GA)
Luther S. Horne (NC)
Nick Hughes (MD)
Felix C. Lopez (TX)
Shokrukh Mamadaliev (FL)
Steven G. Moore (CA)
Thomas W. Nugent (TX)
Kevin R. Sautter (MD)
Bobby T. Stevens (KY)
James Thompson (ID)
Akeem T. Williams (PA)
The following six applicants did not have 3 years of experience
driving a CMV on public highways with their vision deficiencies:
Lesle Barber (GA)
Jorge Delgado (TX)
Owen R. Dossett (AL)
Austin J. Ortiz (MN)
Marcel L. Paul (WA)
Ethan T. Wheeler (KY)
The following two applicants did not have 3 years of recent
experience driving a CMV on public highways with their vision
deficiencies:
Thomas E. Price (OH) and Joe R. Wells (PA)
The following four applicants did not have sufficient driving
experience over the past 3 years under normal highway operating
conditions (gaps in driving record):
Philip S. Crews (NC)
Mark Kupke (WY)
Scott M. McDonnell (TX)
Jovan Popovic (IL)
The following two applicants did not have an optometrist or
ophthalmologist willing to make a statement that they are able to
operate a commercial vehicle from a vision standpoint:
Seth M. Cross (OR) and Gary Wright (TX)
The following three applicants were denied for multiple reasons:
Jarrie L. King (Al); John Mulrooney (FL); and Brandon R. Stacey
(MD).
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2020-23805 Filed 10-27-20; 8:45 am]
BILLING CODE 4910-EX-P
