Qualification of Drivers; Exemption Applications; Epilepsy and Seizure Disorders

Larry W. Minor
Federal Motor Carrier Safety Administration
5 August 2019

[Federal Register Volume 84, Number 150 (Monday, August 5, 2019)]
[Notices]
[Pages 38091-38092]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-16649]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2019-0032]


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 40 
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. 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-2019-0032, 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.

[[Page 38092]]

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 40 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 40 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 publication of this notice, received a 
letter of final disposition regarding his/her exemption request. Those 
decision letters fully outlined the basis for the denial and constitute 
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 40 applicants do not meet the minimum time 
requirement for being seizure-free, either on or off of anti-seizure 
medication:

Virgen L. Acevedo (NJ)
Niles Bartelson (UT)
Alex Becker (WV)
Joseph Bellamy (MD)
Randson Burdette (OH)
Lorenzo Cardenas (CA)
Lucas Choinard (WA)
Walter Cook (AK)
Kyle Dona (WY)
Jeffrey Douglass (ME)
Pamela Eastridge (VA)
Leonel Escobedo (TX)
Mark A. Gallegos (NM)
Lamont Hardy (MS)
Dustan Hendrickson (OR)
Zachary C. Herrin (OK)
Terry Kahle (PA)
Nickon Knight (MI)
David Kummer (MN)
Dan Liners (MN)
Bradley W. Looney (NC)
Wesley Moses (NC)
Christopher Nelson (SC)
Johanna Pfiester (SD)
Gary Pierson (CA)
Shadow T. Ramsay (NH)
Joel Rowe (MD)
Elsa Santos (NJ)
Robert G. Schauer III (IA)
Earl Seams (ME)
Michael Shea (NJ)
Brian D. Six (IA)
Sergio Soto Huicochea (AZ)
Tyler Sozcka (WI)
Joseph Stark (WI)
Matthew Stoss (WI)
Daisy Tapia (NY)
Juan Toribio (CA)
Shawn M. Tupick (NH)
Jason Viar (FL)

    Issued on: July 26, 2019.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2019-16649 Filed 8-2-19; 8:45 am]
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