Qualification of Drivers; Exemption Applications; Epilepsy and Seizure Disorders |
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Larry W. Minor
Federal Motor Carrier Safety Administration
August 21, 2015
[Federal Register Volume 80, Number 162 (Friday, August 21, 2015)]
[Notices]
[Pages 50918-50920]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-20687]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2008-0355; FMCSA-2010-0203; FMCSA-2011-0389; FMCSA-
2012-0050; FMCSA-2012-0094; FMCSA-2012-0294; FMCSA-2013-0106]
Qualification of Drivers; Exemption Applications; Epilepsy and
Seizure Disorders
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.
ACTION: Notice of renewal of exemptions; request for comments.
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SUMMARY: FMCSA announces its decision to renew the exemptions from the
Epilepsy and Seizure Disorders requirement in the Federal Motor Carrier
Safety Regulations for 29 individuals. FMCSA has statutory authority to
exempt individuals from the Epilepsy and Seizure Disorders requirement
if the exemptions granted will not compromise safety. The Agency has
concluded that granting these exemption renewals will provide a level
of safety that is equivalent to or greater than the level of safety
maintained without the exemptions for these commercial motor vehicle
(CMV) drivers.
DATES: This decision is effective July 12, 2015. Comments must be
received on or before September 21, 2015.
ADDRESSES: You may submit comments bearing the Federal Docket
Management System (FDMS) numbers: Docket No. [Docket No. [FMCSA-2008-
0355; FMCSA-2010-0203; FMCSA-2011-0389; FMCSA-2012-0050; FMCSA-2012-
0094; FMCSA-2012-0294; FMCSA-2013-0106], using any of the following
methods:
Federal eRulemaking Portal: Go to www.regulations.gov.
Follow the on-line instructions for submitting comments.
Mail: Docket Management Facility; U.S. Department of
Transportation, 1200 New Jersey Avenue SE., West Building Ground Floor,
Room W12-140, Washington, DC 20590-0001.
Hand Delivery or Courier: West Building Ground Floor, Room
W12-140, 1200 New Jersey Avenue SE., Washington, DC, between 9 a.m. and
5 p.m., Monday through Friday, except Federal Holidays.
Fax: 1-202-493-2251.
Instructions: Each submission must include the Agency name and the
docket number for this notice. Note that DOT posts all comments
received without change to http://www.regulations.gov, including any
personal information included in a
[[Page 50919]]
comment. Please see the Privacy Act heading below.
Docket: For access to the docket to read background documents or
comments, go to www.regulations.gov at any time or 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., Monday through Friday,
except Federal holidays. The Federal Docket Management System (FDMS) is
available 24 hours each day, 365 days each year. If you want
acknowledgment that we received your comments, please include a self-
addressed, stamped envelope or postcard or print the acknowledgement
page that appears after submitting comments on-line.
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.
FOR FURTHER INFORMATION CONTACT: Charles Horan III, Director, Carrier &
Vehicles Safety Standards, 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.
Monday through Friday, except Federal holidays.
SUPPLEMENTARY INFORMATION:
Background
Under 49 U.S.C. 31136(e) and 31315, FMCSA may renew an exemption
from the Epilepsy and Seizure Disorders requirements in 49 CFR
391.41(b)(8), which applies to drivers of CMVs in interstate commerce,
for a two-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.'' The procedures for
requesting an exemption (including renewals) are set out in 49 CFR part
381.
Exemption Decision
This notice addresses 29 individuals who have requested renewal of
their exemptions in accordance with FMCSA procedures. FMCSA has
evaluated these applications for renewal on their merits and decided to
extend each exemption for a renewable two-year period. They are:
Patrick N. Andreasen (PA), Prince Austin, Jr. (OH), Samuel D.
Beverly, Jr. (VA), John W. Boerth (WI), Michael C. Breitbach (IA), Todd
W. Brock (CO), Craig R. Bugella ((WI), Frank J. Cekovic (PA), Joseph
D'Angelo (NY), Todd A. Davis (WI), Steven Gordon (MT), James R. Gorniak
(WI), Brian R. Hanson (OR), Eric A. Hilmer (WI), Kevin A. Jandreau
(ME), David Kietzman (WI), Jason Kirkham (WI), Joseph A. Kogut (NY),
William P. Lago (MA), Michael K. Lail (NC), Robert J. Mooney (OH),
Jeffrey P. Moore (NY), Diana J. Mugford (VT), Brian J. Porter (PA),
Michael Righter (PA), Douglas S. Slagel (OH), Robert C. Spencer (FL),
Brian J. Wiggins (ID), Timothy M. Zahratka (MN).
These exemptions are extended subject to the driver maintaining a
stable treatment regimen and remaining seizure-free during the 2-year
exemption period. The exempted drivers must submit a physician
statement from their treating physician attesting to the stability of
treatment and that the driver has remained seizure-free. The driver
must undergo an annual medical examination by a medical examiner, as
defined by 49 CFR 390.5, following the FCMSA's regulations for the
physical qualifications for CMV drivers. The exemption will be
rescinded if: (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 before it was 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.
Basis for Renewing Exemptions
Under 49 U.S.C. 31315(b)(1), an exemption may be granted for no
longer than two years from its approval date and may be renewed upon
application for additional two year periods. In accordance with 49
U.S.C. 31136(e) and 31315, each of the 29 applicants has satisfied the
entry conditions for obtaining an exemption from the Epilepsy and
Seizure Disorder requirements (73 FR 75167; 75 FR 38599; 77 FR 537; 77
FR 12360; 78 FR 3077; 78 FR 3079; 78 FR 24301). Each of these 29
applicants has requested renewal of the exemption and has submitted
evidence showing that they have maintained a stable treatment regimen
and remained seizure-free during the 2-year exemption period. The
exempted drivers must submit a physician statement from their treating
physicians attesting to the stability of treatment and that the driver
has remained seizure-free. The driver must undergo an annual medical
examination by a medical examiner, as defined by 49 CFR 390.5,
following the FCMSA's regulations for the physical qualifications for
CMV drivers. In addition to evaluating the medical status of each
applicant CDLIS and MCMIS were searched for crash and violation data on
the 29 applicants. For non-CDL holders, the Agency reviewed the driving
records from the State licensing agency. These factors provide an
adequate basis for predicting each driver's ability to continue to
drive safely in interstate commerce. Therefore, FMCSA concludes that
extending the exemption for each renewal applicant for a period of two
years is likely to achieve a level of safety equal to that existing
without the exemption.
Request for Comments
FMCSA will review comments received at any time concerning a
particular driver's safety record and determine if the continuation of
the exemption is consistent with the requirements at 49 U.S.C. 31136(e)
and 31315. However, FMCSA requests that interested parties with
specific data concerning the safety records of these drivers submit
comments by September 21, 2015.
FMCSA believes that the requirements for a renewal of an exemption
under 49 U.S.C. 31136(e) and 31315 can be satisfied by initially
granting the renewal and then requesting and evaluating, if needed,
subsequent comments submitted by interested parties. As indicated
above, the Agency previously published notices of final disposition
announcing its decision to exempt these 29 individuals from the
Epilepsy and Seizure Disorders requirement in 49 CFR 391.41(b)(8). The
final decision to grant an exemption to each of these individuals was
made on the merits of each case and made only after careful
consideration of the comments received to its notices of applications.
The notices of applications stated the medical condition of each
applicant for an exemption from the Epilepsy and Seizure requirements.
That information is available by consulting the above cited Federal
Register publications.
Interested parties or organizations possessing information that
would otherwise show that any, or all, of these drivers are not
currently achieving the statutory level of safety should immediately
notify FMCSA. The Agency will evaluate any adverse evidence submitted
and, if safety is being compromised or if continuation of the exemption
would not be consistent with the goals and objectives of 49 U.S.C.
31136(e) and 31315, FMCSA will take immediate steps to revoke the
exemption of a driver.
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Submitting Comments
You may submit your comments and material online or by fax, mail,
or hand delivery, but please use only one of these means. FMCSA
recommends that you include your name and a mailing address, an email
address, or a phone number in the body of your document so that FMCSA
can contact you if there are questions regarding your submission.
To submit your comment online, go to http://www.regulations.gov and
in the search box insert the docket numbers FMCSA-2008-0355; FMCSA-
2010-0203; FMCSA-2011-0389; FMCSA-2012-0050; FMCSA-2012-0094; FMCSA-
2012-0294; FMCSA-2013-0106 and click the search button. When the new
screen appears, click on the blue ``Comment Now!'' button on the right
hand side of the page. On the new page, enter information required
including the specific section of this document to which each comment
applies, and provide a reason for each suggestion or recommendation. If
you submit your comments by mail or hand delivery, submit them in an
unbound format, no larger than 8\1/2\ by 11 inches, suitable for
copying and electronic filing. If you submit comments by mail and would
like to know that they reached the facility, please enclose a stamped,
self-addressed postcard or envelope. We will consider all comments and
material received during the comment period.
Viewing Comments and Documents
To view comments, as well as any documents mentioned in this
notice, or to submit your comment online, go to http://www.regulations.gov and in the search box insert the docket number
FMCSA-2008-0355; FMCSA-2010-0203; FMCSA-2011-0389; FMCSA-2012-0050;
FMCSA-2012-0094; FMCSA-2012-0294; FMCSA-2013-0106 and click ``Search.''
Next, click ``Open Docket Folder'' and you will find all documents and
comments related to this document.
Issued on: August 3, 2015.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2015-20687 Filed 8-20-15; 8:45 am]
BILLING CODE 4910-EX-P