[Federal Register Volume 85, Number 17 (Monday, January 27, 2020)]
[Notices]
[Pages 4763-4764]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-01274]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2019-0207]
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 41
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 material in the docket, contact Docket
Operations, (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/docket?D=FMCSA-2019-0207 and choose the document to review. If you do
not have access to the internet, you may view the docket online by
visiting Docket Operations 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.transportation.gov/privacy.
II. Background
FMCSA received applications from 41 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 Sec. 391.41(b)(8).
III. Basis for Exemption Determination
Under 49 U.S.C. 31136(e) and 31315(b), FMCSA may grant an exemption
from the FMCSRs for no longer than a 5-year period if it finds such
exemption would likely achieve a
[[Page 4764]]
level of safety that is equivalent to, or greater than, the level that
would be achieved absent such exemption. The statute also allows the
Agency to renew exemptions at the end of the 5-year period. FMCSA
grants medical exemptions from the FMCSRs for a 2-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 Sec. 391.41(b)(8).
Therefore, the 41 applicants in this notice have been denied exemptions
from the physical qualification standards in Sec. 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 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 41 applicants do not meet the minimum time
requirement for being seizure-free, either on or off of anti-seizure
medication:
Justin Bartlett (ME)
Robert Bonds (SC)
Michael Bretz (MN)
Theresa Buchanan (MI)
Kenneth Caldwell (CA)
Joseph Campbell (AK)
Timothy Campbell (IN)
Leslie Dillard (NC)
Earnest Drummond (GA)
Jackie Frolund (MN)
Michael Galloway (WI)
Aaron Gnoinsky (ND)
Kenny Goins (TN)
Michael Gravley (NV)
Nathanial Harmon (WI)
Dustan Hendrickson (OR)
Alfonzo Hennigan (GA)
Timothy Howard (NY)
Billy Hunter (KY)
Brian Iverson (CA)
Lance Johnson (TN)
Michael Kramer (KS)
Kurtis Kuhl (OH)
Blake Kunkel (MN)
Michael Leiterman (WI)
Nicholas Liebe (WI)
Robert Macarthur (MO)
Brian Manning (NJ)
Kevin Mast (CA)
Anthony Middleton (NJ)
Christopher Monsky (CT)
Joshua Pittman (CA)
Lee Riebe (OH)
Blake Shaw (NY)
Gregory Stone (SC)
David Thomas (OK)
Laranzo White (SC)
Patrick Willis (CO)
Kenneth Winn (UT)
James Woltz (GA)
David Wright (MA)
Issued on: January 17, 2020.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2020-01274 Filed 1-24-20; 8:45 am]
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