Qualification of Drivers; Exemption Applications; Epilepsy and Seizure Disorders, 77912-77914 [2022-27539]
Download as PDF
77912
Federal Register / Vol. 87, No. 243 / Tuesday, December 20, 2022 / Notices
lotter on DSK11XQN23PROD with NOTICES1
continued availability and confirm that
the biographical information on file
with the Board remains accurate and, if
not, provide any necessary updates.
Arbitrators who do not confirm their
continued availability will be removed
from the roster. This decision will be
served on all current arbitrators.
Any person who wishes to be added
to the roster should file an application
that describes the applicant’s experience
with rail transportation and economic
regulation, as well as professional or
business experience, including
agriculture, in the private sector. The
submission should also describe the
applicant’s training in dispute
resolution and/or experience in
arbitration or other forms of dispute
resolution, including the number of
years of experience. Lastly, the
submission should provide the
applicant’s contact information and
information on fees.
All comments—including filings from
new applicants, updates to existing
arbitrator information, and
confirmations of continued
availability—should be submitted either
via e-filing on the Board’s website or in
writing addressed to 395 E Street SW,
Washington, DC 20423–0001 by January
19, 2023. The Board will assess each
new applicant’s qualifications to
determine which individuals can ably
serve as arbitrators based on the criteria
established under 49 CFR 1108.6(b). The
Board will then establish an updated
roster of arbitrators by no-objection vote.
The roster will include a brief
biographical sketch of each arbitrator,
including information such as
background, area(s) of expertise,
arbitration experience, and geographical
location, as well as contact information
and fees. The roster will be published
on the Board’s website.
It is ordered:
1. Applications from persons
interested in being added to the Board’s
roster of arbitrators, and confirmations
of continued availability (with updates,
if any, to existing arbitrator information)
from persons currently on the
arbitration roster, are due by January 19,
2023.
2. This decision will be served on all
current arbitrators and published in the
Federal Register.
3. This decision is effective on the
date of service.
Decided: December 15, 2022.
By the Board, Mai T. Dinh, Director, Office
of Proceedings.
Kenyatta Clay,
Clearance Clerk.
[FR Doc. 2022–27590 Filed 12–19–22; 8:45 am]
BILLING CODE 4915–01–P
VerDate Sep<11>2014
18:41 Dec 19, 2022
Jkt 259001
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
[Docket No. FAA–2022–1502]
Agency Information Collection
Activities: Requests for Comments;
Clearance of Renewed Approval of
Information Collection: Renewal,
Maintenance, Preventive Maintenance,
Rebuilding, and Alteration
Federal Aviation
Administration (FAA), Department of
Transportation (DOT).
ACTION: Notice and request for
comments.
AGENCY:
In accordance with the
Paperwork Reduction Act of 1995, FAA
invites public comments about our
intention to request the Office of
Management and Budget (OMB)
approval to renew an information
collection. The information to be
collected is necessary to insure the
safety of the flying public.
Documentation of maintenance repair
actions record who, what, when, where
and how of the task performed. This
collection focuses on the Form 337
which is collected by the FAA. Other
records for preventative maintenance,
and logbook entries are not collected by
the FAA serve as a responsibility of the
owner to maintain in case of verification
of airworthiness when seeking
approvals or sale of the aircraft. This
insures proper certification of
personnel; proper tooling is utilized and
accurate measures to insure safety. Total
Form 337s submitted in 2017 is 54,237.
Total aircraft registrations on file is
289,490. It is estimated by the numbers
collected one in every five aircraft have
a 337 form submitted for major
alteration and repairs performed. Each
337 takes approximately 1 hour.
DATES: Written comments should be
submitted by January 16, 2023.
ADDRESSES: Please send written
comments:
By Electronic Docket:
www.regulations.gov (Enter docket
number into search field).
By email: Jude Sellers, jude.n.sellers@
faa.gov.
SUPPLEMENTARY INFORMATION: All
maintenance actions as well as
documentation are required by title 14
CFR part 43.
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 FAA’s
performance; (b) the accuracy of the
estimated burden; (c) ways for FAA to
SUMMARY:
PO 00000
Frm 00126
Fmt 4703
Sfmt 4703
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.
OMB Control Number: 2120–0020.
Title: Maintenance, Preventive
Maintenance, Rebuilding, and
Alteration.
Form Numbers: Aircraft maintenance
logbooks and Form 337.
Type of Review: Renewal of
information collection.
Background: Title 14 CFR part 43
mandates information to be provided
when an alteration or major repair is
performed on an aircraft of United Sates
registry. Submission of Form 337 is
required for capture in the aircraft
permanent records for current and
future owners to substantiate the
requirements of the regulations, prior to
operation of the aircraft. Aircraft owners
have the responsibility of
documentation and submission of all
maintenance records performed to their
aircraft.
Respondents: 289,490 Aircraft
owners.
Frequency: On occasion.
Estimated Average Burden per
Response: 1 hour.
Estimated Total Annual Burden:
Industry Annual burden 54,237 man
hours.
Issued in Washington, DC.
Jude Sellers,
Aviation Safety Inspector, AFS–340 General
Aviation Maintenance Branch.
[FR Doc. 2022–27602 Filed 12–19–22; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2013–0108; FMCSA–
2013–0442; FMCSA–2013–0443; FMCSA–
2014–0381; FMCSA–2015–0115; FMCSA–
2015–0116; FMCSA–2015–0119; FMCSA–
2015–0320; FMCSA–2015–0321; FMCSA–
2017–0181; FMCSA–2017–0253; FMCSA–
2017–0254; FMCSA–2018–0050; FMCSA–
2018–0051; FMCSA–2019–0030; FMCSA–
2019–0034; FMCSA–2019–0036; FMCSA–
2019–0206; FMCSA–2019–0211; FMCSA–
2019–0212; FMCSA–2020–0045; FMCSA–
2020–0046]
Qualification of Drivers; Exemption
Applications; Epilepsy and Seizure
Disorders
Federal Motor Carrier Safety
Administration (FMCSA), Department
of Transportation (DOT).
AGENCY:
E:\FR\FM\20DEN1.SGM
20DEN1
Federal Register / Vol. 87, No. 243 / Tuesday, December 20, 2022 / Notices
ACTION:
Notice of final disposition.
FMCSA announces its
decision to renew exemptions for 32
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: Each group of renewed
exemptions were applicable on the
dates stated in the discussions below
and will expire on the dates provided
below.
FOR FURTHER INFORMATION CONTACT: Ms.
Christine A. Hydock, Chief, Medical
Programs Division, FMCSA, DOT, 1200
New Jersey Avenue SE, Room
W64–224, Washington, DC 20590–
0001, (202) 366–4001, fmcsamedical@
dot.gov. 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 Dockets Operations, (202) 366–
9826.
SUPPLEMENTARY INFORMATION:
SUMMARY:
lotter on DSK11XQN23PROD with NOTICES1
I. Public Participation
A. Viewing Comments
To view comments go to
www.regulations.gov. Insert the docket
number (FMCSA–2013–0108, FMCSA–
2013–0442, FMCSA–2013–0443,
FMCSA–2014–0381, FMCSA–2015–
0115, FMCSA–2015–0116, FMCSA–
2015–0119, FMCSA–2015–0320,
FMCSA–2015–0321, FMCSA–2017–
0181, FMCSA–2017–0253, FMCSA–
2017–0254, FMCSA–2018–0050,
FMCSA–2018–0051, FMCSA–2019–
0030, FMCSA–2019–0034, FMCSA–
2019–0036, FMCSA–2019–0206,
FMCSA–2019–0211, FMCSA–2019–
0212, FMCSA–2020–0045, or FMCSA–
2020–0046) in the keyword box and
click ‘‘Search.’’ Next, sort the results by
‘‘Posted (Newer-Older),’’ choose the first
notice listed, and click ‘‘Browse
Comments.’’ 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
20590–0001, between 9 a.m. and 5 p.m.
ET Monday through Friday, except
Federal holidays. To be sure someone is
VerDate Sep<11>2014
18:41 Dec 19, 2022
Jkt 259001
there to help you, please call (202) 366–
9317 or (202) 366–9826 before visiting
Dockets Operations.
B. Privacy Act
In accordance with 49 U.S.C.
31315(b)(6), DOT solicits comments
from the public on the exemption
request. 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 (Federal Docket Management System
(FDMS)), which can be reviewed at
https://www.transportation.gov/
individuals/privacy/privacy-act-systemrecords-notices, the comments are
searchable by the name of the submitter.
II. Background
On May 13, 2022, FMCSA published
a notice announcing its decision to
renew exemptions for 32 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 (87 FR 29430). The public
comment period ended on August 13,
2022, and no comments were received.
FMCSA has evaluated the eligibility
of these applicants and determined that
renewing these exemptions would likely
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
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
FMCSA received no comments in this
preceding.
IV. Conclusion
Based on its evaluation of the 32
renewal exemption applications,
FMCSA announces its decision to
exempt the following drivers from the
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.
PO 00000
Frm 00127
Fmt 4703
Sfmt 4703
77913
epilepsy and seizure disorders
prohibition in § 391.41(b)(8).
In accordance with 49 U.S.C. 31136(e)
and 31315(b), the following groups of
drivers received renewed exemptions in
the month of May and are discussed
below.
As of May 15, 2022, and in
accordance with 49 U.S.C. 31136(e) and
31315(b), the following 29 individuals
have satisfied the renewal conditions for
obtaining an exemption from the
epilepsy and seizure disorders
prohibition in the FMCSRs for interstate
CMV drivers (87 FR 29430):
William Brown (NC)
Frank Corino (NJ)
Barry Dull (OH)
Robert J. Forney (WI)
Scott William Gessner (PA)
Daniel Halstead (NV)
Aaron Harms (MO)
Matthew Heinen (MN)
Logan Hertzler (PA)
Brian Johnson (MN)
Preston R. Kanagy (TN)
Kenneth L. Lewis (NC)
Larry Lintelman (AK)
Kevin Market (OH)
Shane W. Martinek (OK)
Jeffrey Mills (NC)
Gary Olsen (MN)
Randy Pinto (PA)
Matthew Scarlata (NY)
Steven Shirley (UT)
Chad Smith (MA)
Alvin Strite (PA)
Jeffrey Totten (KS)
Paul Vitous (WA)
Thomas B. Vivirito (PA)
Mohammad S. Warrad (IA)
Richard J. Wenner (MN)
Michael R. Weymouth (NH)
Dennis R. Zayic (MN)
The drivers were included in docket
number FMCSA–2013–0108, FMCSA–
2013–0442, FMCSA–2014–0381,
FMCSA–2015–0115, FMCSA–2015–
0116, FMCSA–2015–0119, FMCSA–
2015–0320, FMCSA–2015–0321,
FMCSA–2017–0181, FMCSA–2017–
0253, FMCSA–2017–0254, FMCSA–
2018–0050, FMCSA–2019–0030,
FMCSA–2019–0034, FMCSA–2019–
0036, FMCSA–2019–0206, FMCSA–
2019–0211, FMCSA–2019–0212,
FMCSA–2020–0045, or FMCSA–2020–
0046. Their exemptions were applicable
as of May 15, 2022 and will expire on
May 15, 2024.
As of May 19, 2022, and in
accordance with 49 U.S.C. 31136(e) and
31315(b), 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:
E:\FR\FM\20DEN1.SGM
20DEN1
77914
Federal Register / Vol. 87, No. 243 / Tuesday, December 20, 2022 / Notices
Ronald Hartl (WI) and Michael Miller
(WI).
The drivers were included in docket
number FMCSA–2013–0443. Their
exemptions were applicable as of May
19, 2022 and will expire on May 19,
2024.
As of May 30, 2022, and in
accordance with 49 U.S.C. 31136(e) and
31315(b), Nathan Kanouff (GA) has
satisfied the renewal conditions for
obtaining an exemption from the
epilepsy and seizure disorders
prohibition in the FMCSRs for interstate
CMV drivers.
This driver was included in docket
number FMCSA–2018–0051. The
exemption was applicable as of May 30,
2022 and will expire on May 30, 2024.
In accordance with 49 U.S.C.
31315(b), each 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).
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2022–27539 Filed 12–19–22; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2015–0329; FMCSA–
2016–0002; FMCSA–2017–0058; FMCSA–
2017–0059; FMCSA–2017–0061; FMCSA–
2018–0135; FMCSA–2018–0138; FMCSA–
2020–0027]
Qualification of Drivers; Exemption
Applications; Hearing
Federal Motor Carrier Safety
Administration (FMCSA), Department
of Transportation (DOT).
ACTION: Notice of final disposition.
AGENCY:
FMCSA announces its
decision to renew exemptions for 23
individuals from the hearing
requirement in the Federal Motor
Carrier Safety Regulations (FMCSRs) for
interstate commercial motor vehicle
(CMV) drivers. The exemptions enable
these hard of hearing and deaf
individuals to continue to operate CMVs
in interstate commerce.
DATES: Each group of renewed
exemptions were applicable on the
lotter on DSK11XQN23PROD with NOTICES1
SUMMARY:
VerDate Sep<11>2014
18:41 Dec 19, 2022
Jkt 259001
dates stated in the discussions below
and will expire on the dates provided
below.
FOR FURTHER INFORMATION CONTACT: Ms.
Christine A. Hydock, Chief, Medical
Programs Division, FMCSA, DOT, 1200
New Jersey Avenue SE, Room W64–224,
Washington, DC 20590–0001, (202) 366–
4001, fmcsamedical@dot.gov. Office
hours are 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 Dockets Operations, (202) 366–
9826.
SUPPLEMENTARY INFORMATION:
I. Public Participation
A. Viewing Comments
To view comments go to
www.regulations.gov. Insert the docket
number (FMCSA–2015–0329, FMCSA–
2016–0002, FMCSA–2017–0058,
FMCSA–2017–0059, FMCSA–2017–
0061, FMCSA–2018–0135, FMCSA–
2018–0138, or FMCSA–2020–0027) in
the keyword box and click ‘‘Search.’’
Next, sort the results by ‘‘Posted
(Newer-Older),’’ choose the first notice
listed, and click ‘‘Browse Comments.’’ 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–
0001, 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 Dockets
Operations.
B. Privacy Act
In accordance with 49 U.S.C.
31315(b)(6), DOT solicits comments
from the public on the exemption
requests. 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 (Federal Docket Management System
(FDMS)), which can be reviewed at
https://www.transportation.gov/
individuals/privacy/privacy-act-systemrecords-notices, the comments are
searchable by the name of the submitter.
Background
On November 1, 2022, FMCSA
published a notice announcing its
decision to renew exemptions for 23
individuals from the hearing standard in
49 CFR 391.41(b)(11) to operate a CMV
in interstate commerce and requested
comments from the public (87 FR
65849). The public comment period
PO 00000
Frm 00128
Fmt 4703
Sfmt 4703
ended on December 1, 2022, and no
comments were received.
FMCSA has evaluated the eligibility
of these applicants and determined that
renewing these exemptions would likely
achieve a level of safety equivalent to,
or greater than, the level that would be
achieved by complying with
§ 391.41(b)(11).
The physical qualification standard
for drivers regarding hearing found in
§ 391.41(b)(11) states that a person is
physically qualified to drive a CMV if
that person first perceives a forced
whispered voice in the better ear at not
less than 5 feet with or without the use
of a hearing aid or, if tested by use of
an audiometric device, does not have an
average hearing loss in the better ear
greater than 40 decibels at 500 Hz, 1,000
Hz, and 2,000 Hz with or without a
hearing aid when the audiometric
device is calibrated to American
National Standard (formerly ASA
Standard) Z24.5—1951.
This standard was adopted in 1970
and was revised in 1971 to allow drivers
to be qualified under this standard
while wearing a hearing aid (35 FR
6458, 6463 (Apr. 22, 1970) and 36 FR
12857 (July 8, 1971), respectively).
II. Discussion of Comments
FMCSA received no comments in this
proceeding.
III. Conclusion
Based upon its evaluation of the 23
renewal exemption applications,
FMCSA announces its decision to
exempt the following drivers from the
hearing requirement in
§ 391.41
(b)(11).
In accordance with 49 U.S.C. 31136(e)
and 31315(b), the following groups of
drivers received renewed exemptions in
the month of October and are discussed
below:
As of October 13, 2022, and in
accordance with 49 U.S.C. 31136(e) and
31315(b), the following 14 individuals
have satisfied the renewal conditions for
obtaining an exemption from the
hearing requirement in the FMCSRs for
interstate CMV drivers (87 FR 65849):
Matthew Albrecht (PA)
Cory Adkins (FL)
Richard Blaine (PA)
Jacquelyn Hetherington (OK)
Agustin Hernandez (TX)
Andrew Hippler (ID)
Scott Lufkin (NC)
Paul Mansfield (KS)
Berenice Martinez (TX)
Jose Ramirez (IL)
Thomas Sneer (MN)
E:\FR\FM\20DEN1.SGM
20DEN1
Agencies
[Federal Register Volume 87, Number 243 (Tuesday, December 20, 2022)]
[Notices]
[Pages 77912-77914]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-27539]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2013-0108; FMCSA-2013-0442; FMCSA-2013-0443; FMCSA-
2014-0381; FMCSA-2015-0115; FMCSA-2015-0116; FMCSA-2015-0119; FMCSA-
2015-0320; FMCSA-2015-0321; FMCSA-2017-0181; FMCSA-2017-0253; FMCSA-
2017-0254; FMCSA-2018-0050; FMCSA-2018-0051; FMCSA-2019-0030; FMCSA-
2019-0034; FMCSA-2019-0036; FMCSA-2019-0206; FMCSA-2019-0211; FMCSA-
2019-0212; FMCSA-2020-0045; FMCSA-2020-0046]
Qualification of Drivers; Exemption Applications; Epilepsy and
Seizure Disorders
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), Department
of Transportation (DOT).
[[Page 77913]]
ACTION: Notice of final disposition.
-----------------------------------------------------------------------
SUMMARY: FMCSA announces its decision to renew exemptions for 32
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: Each group of renewed exemptions were applicable on the dates
stated in the discussions below and will expire on the dates provided
below.
FOR FURTHER INFORMATION CONTACT: Ms. Christine A. Hydock, Chief,
Medical Programs Division, FMCSA, DOT, 1200 New Jersey Avenue SE, Room
W64-224, Washington, DC 20590-0001, (202) 366-4001,
[email protected]. 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 Dockets
Operations, (202) 366-9826.
SUPPLEMENTARY INFORMATION:
I. Public Participation
A. Viewing Comments
To view comments go to www.regulations.gov. Insert the docket
number (FMCSA-2013-0108, FMCSA-2013-0442, FMCSA-2013-0443, FMCSA-2014-
0381, FMCSA-2015-0115, FMCSA-2015-0116, FMCSA-2015-0119, FMCSA-2015-
0320, FMCSA-2015-0321, FMCSA-2017-0181, FMCSA-2017-0253, FMCSA-2017-
0254, FMCSA-2018-0050, FMCSA-2018-0051, FMCSA-2019-0030, FMCSA-2019-
0034, FMCSA-2019-0036, FMCSA-2019-0206, FMCSA-2019-0211, FMCSA-2019-
0212, FMCSA-2020-0045, or FMCSA-2020-0046) in the keyword box and click
``Search.'' Next, sort the results by ``Posted (Newer-Older),'' choose
the first notice listed, and click ``Browse Comments.'' 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 20590-0001, 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 Dockets Operations.
B. Privacy Act
In accordance with 49 U.S.C. 31315(b)(6), DOT solicits comments
from the public on the exemption request. 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 (Federal Docket Management System (FDMS)), which can
be reviewed at https://www.transportation.gov/individuals/privacy/privacy-act-system-records-notices, the comments are searchable by the
name of the submitter.
II. Background
On May 13, 2022, FMCSA published a notice announcing its decision
to renew exemptions for 32 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 (87 FR
29430). The public comment period ended on August 13, 2022, and no
comments were received.
FMCSA has evaluated the eligibility of these applicants and
determined that renewing these exemptions would likely 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 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.
---------------------------------------------------------------------------
III. Discussion of Comments
FMCSA received no comments in this preceding.
IV. Conclusion
Based on its evaluation of the 32 renewal exemption applications,
FMCSA announces its decision to exempt the following drivers from the
epilepsy and seizure disorders prohibition in Sec. 391.41(b)(8).
In accordance with 49 U.S.C. 31136(e) and 31315(b), the following
groups of drivers received renewed exemptions in the month of May and
are discussed below.
As of May 15, 2022, and in accordance with 49 U.S.C. 31136(e) and
31315(b), the following 29 individuals have satisfied the renewal
conditions for obtaining an exemption from the epilepsy and seizure
disorders prohibition in the FMCSRs for interstate CMV drivers (87 FR
29430):
William Brown (NC)
Frank Corino (NJ)
Barry Dull (OH)
Robert J. Forney (WI)
Scott William Gessner (PA)
Daniel Halstead (NV)
Aaron Harms (MO)
Matthew Heinen (MN)
Logan Hertzler (PA)
Brian Johnson (MN)
Preston R. Kanagy (TN)
Kenneth L. Lewis (NC)
Larry Lintelman (AK)
Kevin Market (OH)
Shane W. Martinek (OK)
Jeffrey Mills (NC)
Gary Olsen (MN)
Randy Pinto (PA)
Matthew Scarlata (NY)
Steven Shirley (UT)
Chad Smith (MA)
Alvin Strite (PA)
Jeffrey Totten (KS)
Paul Vitous (WA)
Thomas B. Vivirito (PA)
Mohammad S. Warrad (IA)
Richard J. Wenner (MN)
Michael R. Weymouth (NH)
Dennis R. Zayic (MN)
The drivers were included in docket number FMCSA-2013-0108, FMCSA-
2013-0442, FMCSA-2014-0381, FMCSA-2015-0115, FMCSA-2015-0116, FMCSA-
2015-0119, FMCSA-2015-0320, FMCSA-2015-0321, FMCSA-2017-0181, FMCSA-
2017-0253, FMCSA-2017-0254, FMCSA-2018-0050, FMCSA-2019-0030, FMCSA-
2019-0034, FMCSA-2019-0036, FMCSA-2019-0206, FMCSA-2019-0211, FMCSA-
2019-0212, FMCSA-2020-0045, or FMCSA-2020-0046. Their exemptions were
applicable as of May 15, 2022 and will expire on May 15, 2024.
As of May 19, 2022, and in accordance with 49 U.S.C. 31136(e) and
31315(b), 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:
[[Page 77914]]
Ronald Hartl (WI) and Michael Miller (WI).
The drivers were included in docket number FMCSA-2013-0443. Their
exemptions were applicable as of May 19, 2022 and will expire on May
19, 2024.
As of May 30, 2022, and in accordance with 49 U.S.C. 31136(e) and
31315(b), Nathan Kanouff (GA) has satisfied the renewal conditions for
obtaining an exemption from the epilepsy and seizure disorders
prohibition in the FMCSRs for interstate CMV drivers.
This driver was included in docket number FMCSA-2018-0051. The
exemption was applicable as of May 30, 2022 and will expire on May 30,
2024.
In accordance with 49 U.S.C. 31315(b), each 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).
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2022-27539 Filed 12-19-22; 8:45 am]
BILLING CODE 4910-EX-P