[Federal Register Volume 82, Number 45 (Thursday, March 9, 2017)]
[Notices]
[Page 13190]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-04637]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2016-0314]
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 14
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 8:30 a.m. to 5 p.m., e.t.,
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., e.t., 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.
II. Background
FMCSA received applications from 14 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 two 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.''
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 for a 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 14 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 12 applicants do not meet the minimum time
requirement for being seizure-free, either on or off of anti-seizure
medication:
Daniel Bretz (PA)
Hunter Domagala (ND)
Michael Duno (NY)
Paul Gibson (AZ)
Patrick Hall (NY)
Cody Hitchcock (PA)
Robert Newton (NV)
Christopher Sparacino (NY)
Alexander Stepp (VA)
Carlos Thompson (PA)
Mark Tucker (WA)
Terry Watson (NC)
The following applicant is a citizen of Canada:
Jimmy Bore
The following applicant is an intrastate driver:
Thomas Ork (NY)
Issued on: March 3, 2017.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2017-04637 Filed 3-8-17; 8:45 am]
BILLING CODE 4910-EX-P