Qualification of Drivers; Exemption Applications; Vision, 68408-68409 [2020-23805]

Download as PDF 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 http://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]


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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.

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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 http://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