Notice2023-13034
Qualification of Drivers; Exemption Applications; Epilepsy and Seizure Disorders
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
June 20, 2023
Issuing agencies
Transportation DepartmentFederal Motor Carrier Safety Administration
Abstract
FMCSA announces its decision to deny applications from 27 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.
Full Text
<html>
<head>
<title>Federal Register, Volume 88 Issue 117 (Tuesday, June 20, 2023)</title>
</head>
<body><pre>
[Federal Register Volume 88, Number 117 (Tuesday, June 20, 2023)]
[Notices]
[Pages 39906-39907]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-13034]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2023-0034]
Qualification of Drivers; Exemption Applications; Epilepsy and
Seizure Disorders
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), Department
of Transportation (DOT).
ACTION: Notice of denials.
-----------------------------------------------------------------------
SUMMARY: FMCSA announces its decision to deny applications from 27
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, FMCSA, Department of Transportation, 1200
New Jersey Avenue SE, Room W64-224, Washington, DC 20590-0001, (202)
366-4001, <a href="/cdn-cgi/l/email-protection#ec8a818f9f8d818988858f8d80ac888398c28b839a"><span class="__cf_email__" data-cfemail="5533383626343830313c36343915313a217b323a23">[email protected]</span></a>. 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 Dockets
Operations, (202) 366-9826.
SUPPLEMENTARY INFORMATION:
I. Public Participation
A. Comments
To view comments go to <a href="http://www.regulations.gov">www.regulations.gov</a>. Insert the docket
number (FMCSA-2023-0034) in the keyword box, and click ``Search.''
Next, sort the results by ``Posted (Newer-Older),'' choose the first
notice listed, and click ``Browse Comments.'' If you do not have access
to the internet, you may view the docket online by visiting Dockets
Operations on the ground floor of the DOT West Building, 1200 New
Jersey Avenue SE, Washington, DC 20590-0001, between 9 a.m. and 5 p.m.
ET Monday through Friday, except Federal holidays. To be sure someone
is there to help you, please call (202) 366-9317 or (202) 366-9826
before visiting Dockets Operations.
B. Privacy Act
In accordance with 49 U.S.C. 31315(b)(6), DOT solicits comments
from the public on the exemption request. DOT posts these comments,
without edit, including any personal information the commenter
provides, to <a href="http://www.regulations.gov">www.regulations.gov</a>. As described in the system of records
notice DOT/ALL 14 (Federal Docket Management System), which can be
reviewed at <a href="https://www.transportation.gov/individuals/privacy/privacy-act-system-records-notices">https://www.transportation.gov/individuals/privacy/privacy-act-system-records-notices</a>, the comments are searchable by the name of
the submitter.
II. Background
FMCSA received applications from 27 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 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 27 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 27 applicants do not meet the minimum time
requirement for being seizure-free, either on or off of anti-seizure
medication:
Larry Attles (MI)
Julio Baez-Soto (NY)
Charles Boman (PA)
Christopher Carver (TX)
Ryan Cecchini (WI)
Joey Cerniglia (GA)
Jason Ebert (OH)
Muhammad Elbaba (MN)
Jonathan Flight (NE)
Marcus Foster (NJ)
Deyanira Gonzalez (TX)
[[Page 39907]]
Bryan Hsu (CA)
Gabriel Ihm (IL)
Scott Jensen (WI)
Evin Ksiezarcyzk (NY)
Zachery Lieske (WI)
Juanita Liscano (TX)
Brandon Mullican (GA)
Matthew Nipper (TN)
Jeremy Olson (WI)
Elizabeth Orr (NC)
Brody Scott (CA)
Andonia Smith (MI)
Joshua Sunderland (PA)
Adriana Torres (WA)
Gabriel Wilcox (CA)
Cornelius Wilson (GA)
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2023-13034 Filed 6-16-23; 8:45 am]
BILLING CODE 4910-EX-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on June 20, 2023.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.