[Federal Register Volume 84, Number 33 (Tuesday, February 19, 2019)]
[Notices]
[Pages 4895-4896]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-02652]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2018-0059]
Qualification of Drivers; Exemption Applications; Epilepsy and
Seizure Disorders
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 32
individuals who requested an exemption from the Federal Motor Carrier
Safety Regulations (FMCSRs) prohibiting persons with a clinical
diagnosis of epilepsy or any other condition that is likely to cause a
loss of consciousness or any loss of ability to operate a commercial
motor vehicle (CMV) from operating CMVs 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 or submitting material to the docket,
contact Docket Services, telephone (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.
Insert the docket number, FMCSA-2018-0059, in the keyword box, and
click ``Search.'' Next, click the ``Open Docket Folder'' button and
choose the document to review. If you do not have access to the
internet, you may view the docket online by visiting the Docket
Management Facility 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.dot.gov/privacy.
II. Background
FMCSA received applications from 32 individuals who requested an
exemption from the FMCSRs prohibiting persons with a clinical diagnosis
of epilepsy or any other condition that is likely to cause a loss of
consciousness or any loss of ability to operate a CMV from operating
CMVs in interstate commerce.
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 the regulation 49 CFR
391.41(b)(8).
III. Basis for Exemption Determination
Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption
for five years if it finds such an exemption would likely achieve a
level of safety that is equivalent to, or greater than, the level that
would be achieved absent such an exemption. FMCSA grants exemptions
from the FMCSRs for a two-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 the eligibility criteria, the terms and conditions for Federal
exemptions, and an individualized assessment of each applicant's
medical information provided by the applicant.
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 the regulation 49 CFR
391.41(b)(8). Therefore, the 32 applicants in this notice have been
denied exemptions from the physical qualification standards in 49 CFR
391.41(b)(8).
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 constitutes 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 31 applicants do not meet the minimum time
requirement for being seizure-free, either on or off of anti-seizure
medication:
Van D. Allen (VT)
Lance Bacile (LA)
Joseph W. Benton (LA)
William C. Berkley (NJ)
Joseph A. Burckhalter (NC)
Francisco Burila (ME)
Victor Cox (NC)
Larry A. Giese (WI)
John Giraldo-Palau (NJ)
Martin Glipsie (OH)
David Gunzenhauser (NJ)
Cynthia Harris (IN)
Christopher Jurich (PA)
Mark L. Kaiser (CO)
David Kerr (NM)
Ashley Liebler (CA)
Dan Liners (MN)
Alexandria R. Lockhart (PA)
[[Page 4896]]
Luis Lozado (NJ)
Victor Martinez (CA)
Matthew Nelson (NV)
Lance Payne (NV)
Bryian Peterson (OR)
Robert Polsifer Jr. (CA)
Monico Ramirez (IL)
Greg Reninger (IL)
Daniel Ricker (OR)
Devyn Roberts (KY)
Trenton A. Romig (PA)
Dewitt Stafford (WI)
Joshua Trainum (PA)
The following applicant does not meet the minimum time requirement
for a stable anti-seizure medication dosage: Scott McElmury (MN)
Issued on: February 8, 2019.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2019-02652 Filed 2-15-19; 8:45 am]
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