Qualification of Drivers; Exemption Applications; Epilepsy and Seizure Disorders

Larry W. Minor
Federal Motor Carrier Safety Administration
27 November 2017

[Federal Register Volume 82, Number 226 (Monday, November 27, 2017)]
[Notices]
[Pages 56107-56108]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-25518]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-FMCSA-2017-0251]


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 35 
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, 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 or submitting material to the docket, 
contact Docket Services, telephone (202) 366-9826.

SUPPLEMENTARY INFORMATION:

I. Electronic Access

    You may see all the comments online through the Federal Document 
Management System (FDMS) at: http://www.regulations.gov.
    Docket: For access to the docket to read background documents or 
comments, go to http://www.regulations.gov and/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., ET, Monday through Friday, 
except Federal holidays.
    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 http://www.regulations.gov, as described in 
the system of records notice (DOT/ALL-14 FDMS), which can be reviewed 
at http://www.dot.gov/privacy.

[[Page 56108]]

II. Background

    FMCSA received applications from 35 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 
criteria eligibility 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 35 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 25 applicants do not meet the minimum time 
requirement for being seizure-free, either on or off of anti-seizure 
medication:

Terrence Aires (CO)
Zackary Anderson (KS)
Adolfito Arciaga, Jr. (CA)
Melissa N. Barregan (NC)
Bret R. Calderwood (PA)
Paul E. Capozzi (MA)
William F. Castle (IA)
Norma Coffin (NY)
Joel Duffina (NH)
Robert R. Freeman (NC)
Albert Giovianazzi (NJ)
Cecilia L. Gonzalez (CA)
Peter M. Gustey (OR)
Phillip W. Helms (NC)
Jadwin Johnson (OH)
Franklin King (AR)
Buck Konkol (WI)
Shaun G. McChesney (ND)
Donald McGlamery (NC)
Anthony J. Melillo (CT)
Joseph M. Ruley (IA)
Lucas T. Sorey (NC)
Robert C. Spencer (FL)
David J. Tune (MN)
Robbie Weiland (WI)

    The following applicant did not obtain the support of his physician 
to operate a vehicle in interstate commerce:

Taylor Valentine (NY)

    The following nine applicants are intrastate drivers:

Anthony Anello, III (NJ)
Sonny Chase (MN)
Thomas G. Davis (PA)
Jarel Hathaway (UT)
Joe L. King, Jr. (NC)
Edward C. McCachren (NJ)
Sean Plover (PA)
William Swick (MI)
Kevin D. Weber (WV)

    Issued on: November 17, 2017.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2017-25518 Filed 11-24-17; 8:45 am]
 BILLING CODE 4910-EX-P