Notice2024-08520
Qualification of Drivers; Exemption Applications; Epilepsy and Seizure Disorders
Primary source
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Published
April 22, 2024
Issuing agencies
Transportation DepartmentFederal Motor Carrier Safety Administration
Abstract
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.
Full Text
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<title>Federal Register, Volume 89 Issue 78 (Monday, April 22, 2024)</title>
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[Federal Register Volume 89, Number 78 (Monday, April 22, 2024)]
[Notices]
[Page 29427]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-08520]
[[Page 29427]]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2024-0020]
Qualification of Drivers; Exemption Applications; Epilepsy and
Seizure Disorders
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), Department
of Transportation (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, FMCSA, Department of Transportation, 1200
New Jersey Avenue SE, Washington, DC 20590-0001, (202) 366-4001,
<a href="/cdn-cgi/l/email-protection#94f2f9f7e7f5f9f1f0fdf7f5f8d4f0fbe0baf3fbe2"><span class="__cf_email__" data-cfemail="e0868d8393818d85848983818ca0848f94ce878f96">[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-2024-0020) in the keyword box, and click ``Search.''
Next, choose the only 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 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 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 14 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 14 applicants do not meet the minimum time
requirement for being seizure-free, either on or off anti-seizure
medication:
Randall Bernath (MI)
Kyle Cattelona (NJ)
Dennis Gilles (IN)
Donald Gloy (AZ)
Jerome Hayes (OK)
Corey Mehrwerth (MN)
Brandon Murray (IN)
Geethma Perera (NY)
Connor Quinlan (TX)
Scott Summers (IL)
Hunter Thompson (PA)
Sarah Warner (CA)
Alex Weddle (OR)
Ammon Zimmerman (PA)
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2024-08520 Filed 4-19-24; 8:45 am]
BILLING CODE 4910-EX-P
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