Qualification of Drivers; Exemption Applications; Hearing, 9317-9318 [2023-03020]
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khammond on DSKJM1Z7X2PROD with NOTICES
Federal Register / Vol. 88, No. 29 / Monday, February 13, 2023 / Notices
In addition to the regulations, FMCSA
has published advisory criteria 1 to
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 5-year 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
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
17:10 Feb 10, 2023
Jkt 259001
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
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
Joseph Harbaugh
are supportive of Herman Lee receiving
an exemption.
Joel Vasquez
Joel Vasquez is a 21-year-old class D
license holder in New York. They have
a history of generalized epilepsy and
have been seizure free since July 2014.
They take anti-seizure medication with
the dosage and frequency remaining the
same since 2014. Their physician states
that they are supportive of Joel Vasquez
receiving an exemption.
Spencer William
Spencer William is a 31-year-old class
A CDL holder in Ohio. They have a
history of generalized seizure and
myoclonic jerks and have been seizure
free since 2008. They take anti-seizure
medication with the dosage and
frequency remaining the same since
2009. Their physician states that they
are supportive of Spencer William
receiving an exemption.
Joseph Harbaugh is a 36-year-old class
D license holder in Illinois. They have
a history of complex partial seizure and
have been seizure free since 2012. They
take anti-seizure medication with the
dosage and frequency remaining the
same since December 2019. Their
physician states that they are supportive
of Joseph Harbaugh receiving an
exemption.
IV. Request for Comments
Erik Hernandez
Larry W. Minor,
Associate Administrator for Policy.
Erik Hernandez is a 28-year-old class
B commercial driver’s license (CDL)
holder in Alaska. They have a history of
epilepsy and have been seizure free
since 2011. They take anti-seizure
medication with the dosage and
frequency remaining the same since
December 2020. Their physician states
that they are supportive of Erik
Hernandez receiving an exemption.
Robert Hilburn
Robert Hilburn is a 58-year-old class
A CDL holder in Texas. They have a
history of generalized seizure disorder
and has been seizure free since 1992.
They take anti-seizure medication with
the dosage and frequency remaining the
same since January 2011. Their
physician states that they are supportive
of Robert Hilburn receiving an
exemption.
Herman Lee
Herman Lee is a 35-year-old class A
CDL holder in Virginia. They have a
history of epilepsy and have been
seizure free since 2013. They take antiseizure medication with the dosage and
frequency remaining the same since
2013. Their physician states that they
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9317
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.
[FR Doc. 2023–03042 Filed 2–10–23; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2014–0106; FMCSA–
2015–0326; FMCSA–2016–0002; FMCSA–
2020–0026]
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 seven
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.
SUMMARY:
E:\FR\FM\13FEN1.SGM
13FEN1
9318
Federal Register / Vol. 88, No. 29 / Monday, February 13, 2023 / Notices
The exemptions were applicable
on September 6, 2022. The exemptions
expire on September 6, 2024.
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:
DATES:
I. Public Participation
A. Viewing Comments
To view comments go to
www.regulations.gov. Insert the docket
number (FMCSA–2014–0106, FMCSA–
2015–0326, FMCSA–2016–0002, or
FMCSA–2020–0026) 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), 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.
khammond on DSKJM1Z7X2PROD with NOTICES
II. Background
On August 24, 2022, FMCSA
published a notice announcing its
decision to renew exemptions for seven
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
52107). The public comment period
ended on September 23, 2022, and three
comments were received.
VerDate Sep<11>2014
17:10 Feb 10, 2023
Jkt 259001
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).
III. Discussion of Comments
FMCSA received three comments in
this proceeding. Jeff Daniels’ comment
regarding drug testing was outside the
scope of this notice. The Commercial
Vehicle Training Association’s (CVTA’s)
comment was found identical to the
comment they submitted to the August
17, 2022, Federal Register notice (87 FR
50690). FMCSA provided a response to
this comment in the December 29, 2022,
Federal Register notice (87 FR 80254)
that will not be repeated in this notice.
Lastly, an anonymous individual
opposed the same comment by CVTA.
IV. Conclusion
Based upon its evaluation of the seven
renewal exemption applications and
comments received, FMCSA announces
its decision to exempt the following
drivers from the hearing requirement in
§ 391.41(b)(11).
As of September 6, 2022, and in
accordance with 49 U.S.C. 31136(e) and
31315(b), the following four individuals
have satisfied the renewal conditions for
obtaining an exemption from the
hearing requirement in the FMCSRs for
interstate CMV drivers (87 FR 52107):
Weston Arthurs (CA)
Charles DePriest (TX)
Richard Hoots (AR),
D’Nielle Smith (OH)
The drivers were included in docket
number FMCSA–2014–0106, FMCSA–
2015–0326, or FMCSA–2016–0002.
Their exemptions were applicable as of
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Fmt 4703
Sfmt 4703
September 6, 2022 and will expire on
September 6, 2024.
As of September 14, 2022, and in
accordance with 49 U.S.C. 31136(e) and
31315(b), the following three
individuals have satisfied the renewal
conditions for obtaining an exemption
from the hearing requirement in the
FMCSRs for interstate CMV drivers:
Jonathan Kelly (TX)
Eddie Martinez (TX)
Willie Miller (IA)
The drivers were included in docket
number FMCSA–2020–0026. Their
exemptions were applicable as of
September 14, 2022 and will expire on
September 14, 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. 2023–03020 Filed 2–10–23; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2023–0041]
Qualification of Drivers; Exemption
Applications; Implantable Cardioverter
Defibrillators (ICDs)
Federal Motor Carrier Safety
Administration (FMCSA), Department
of Transportation (DOT).
ACTION: Notice of applications for
exemption; request for comments.
AGENCY:
FMCSA announces receipt of
applications from four individuals for
an exemption from the prohibition in
the Federal Motor Carrier Safety
Regulations (FMCSRs) against operation
of a commercial motor vehicle (CMV) 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. If granted, the exemptions
SUMMARY:
E:\FR\FM\13FEN1.SGM
13FEN1
]]>Agencies
[Federal Register Volume 88, Number 29 (Monday, February 13, 2023)]
[Notices]
[Pages 9317-9318]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-03020]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2014-0106; FMCSA-2015-0326; FMCSA-2016-0002; FMCSA-
2020-0026]
Qualification of Drivers; Exemption Applications; Hearing
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), Department
of Transportation (DOT).
ACTION: Notice of final disposition.
-----------------------------------------------------------------------
SUMMARY: FMCSA announces its decision to renew exemptions for seven
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.
[[Page 9318]]
DATES: The exemptions were applicable on September 6, 2022. The
exemptions expire on September 6, 2024.
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 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-2014-0106, FMCSA-2015-0326, FMCSA-2016-0002, or FMCSA-
2020-0026) 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), 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 August 24, 2022, FMCSA published a notice announcing its
decision to renew exemptions for seven 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 52107). The
public comment period ended on September 23, 2022, and three 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)(11).
The physical qualification standard for drivers regarding hearing
found in Sec. 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).
III. Discussion of Comments
FMCSA received three comments in this proceeding. Jeff Daniels'
comment regarding drug testing was outside the scope of this notice.
The Commercial Vehicle Training Association's (CVTA's) comment was
found identical to the comment they submitted to the August 17, 2022,
Federal Register notice (87 FR 50690). FMCSA provided a response to
this comment in the December 29, 2022, Federal Register notice (87 FR
80254) that will not be repeated in this notice. Lastly, an anonymous
individual opposed the same comment by CVTA.
IV. Conclusion
Based upon its evaluation of the seven renewal exemption
applications and comments received, FMCSA announces its decision to
exempt the following drivers from the hearing requirement in Sec.
391.41(b)(11).
As of September 6, 2022, and in accordance with 49 U.S.C. 31136(e)
and 31315(b), the following four individuals have satisfied the renewal
conditions for obtaining an exemption from the hearing requirement in
the FMCSRs for interstate CMV drivers (87 FR 52107):
Weston Arthurs (CA)
Charles DePriest (TX)
Richard Hoots (AR),
D'Nielle Smith (OH)
The drivers were included in docket number FMCSA-2014-0106, FMCSA-
2015-0326, or FMCSA-2016-0002. Their exemptions were applicable as of
September 6, 2022 and will expire on September 6, 2024.
As of September 14, 2022, and in accordance with 49 U.S.C. 31136(e)
and 31315(b), the following three individuals have satisfied the
renewal conditions for obtaining an exemption from the hearing
requirement in the FMCSRs for interstate CMV drivers:
Jonathan Kelly (TX)
Eddie Martinez (TX)
Willie Miller (IA)
The drivers were included in docket number FMCSA-2020-0026. Their
exemptions were applicable as of September 14, 2022 and will expire on
September 14, 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. 2023-03020 Filed 2-10-23; 8:45 am]
BILLING CODE 4910-EX-P
