81 FR 62551 - Qualification of Drivers; Exemption Applications; Epilepsy and Seizure Disorders

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration

Federal Register Volume 81, Issue 175 (September 9, 2016)

Page Range		62551-62552
FR Document		2016-21715

FMCSA announces its decision to deny applications from 18 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.

Federal Register, Volume 81 Issue 175 (Friday, September 9, 2016)

[Federal Register Volume 81, Number 175 (Friday, September 9, 2016)]
[Notices]
[Pages 62551-62552]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-21715]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2015-0324]


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 18 
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: 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 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., 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.

[[Page 62552]]

II. Background

    FMCSA received applications from 18 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 18 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 17 applicants do not meet the minimum time 
requirement for being seizure-free, either on or off of anti-seizure 
medication:

Timothy Arthur (TX)
Thomas Fish (NY)
Richard Fryman (MN)
David Harrell (MD)
Patrick Hahn (WI)
Allan Jones (NY)
Angela Kalik (CA)
Douglas Kelbley (OH)
Richard Koewacich (OH)
Brent Krock (PA)
Donald Kuritz (MO)
Ryan Lewis (CA)
Donna Nardi (NJ)
Harold Seaton (KY)
Eric Smits (WI)
Scott Tucker (KY)
Jammian Weaver (MO)

    The following applicant is a citizen of Canada:

Michael Murchison

    Issued on: August 26, 2016.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2016-21715 Filed 9-8-16; 8:45 am]
BILLING CODE 4910-EX-P

Federal Register / Vol. 81, No. 175 / Friday, September 9, 2016 / Notices 62551

OMB Control Number: 2120–0739. after the flammability reduction system DEPARTMENT OF TRANSPORTATION
Title: Qualification, Service, and Use is incorporated into the fleet. The data
of Crewmembers and Aircraft is needed to assure system performance Federal Motor Carrier Safety
Dispatchers. meets that predicted at the time of Administration
Form Numbers: There are no FAA certification.
forms associated with this collection. DATES: Written comments should be [Docket No. FMCSA–2015–0324]
Type of Review: Renewal of an submitted by November 8, 2016.
information collection. Qualification of Drivers; Exemption
ADDRESSES: Send comments to the FAA
Background: The Airline Safety and Applications; Epilepsy and Seizure
at the following address: Ronda
Federal Aviation Administration Disorders
Thompson, Room 441, Federal Aviation
Extension Act of 2010 (Pub. L. 111–216)
Administration, ASP–110, 950 L’Enfant AGENCY:Federal Motor Carrier Safety
specifically required the FAA to
Plaza SW., Washington, DC 20024. Administration (FMCSA), DOT.
conduct rulemaking to ensure that all Public Comments Invited: You are
flightcrew members receive ground asked to comment on any aspect of this ACTION: Notice of denials.
training and flight training in information collection, including (a)
recognizing and avoiding stalls, Whether the proposed collection of SUMMARY: FMCSA announces its
recovering from stalls, and recognizing information is necessary for FAA’s decision to deny applications from 18
and avoiding upset of an aircraft, as well performance; (b) the accuracy of the individuals who requested an
as the proper techniques to recover from estimated burden; (c) ways for FAA to exemption from the Federal Motor
upset. Public Law 111–216 also directed enhance the quality, utility and clarity Carrier Safety Regulations (FMCSRs)
the FAA to require air carriers to of the information collection; and (d) prohibiting persons with a clinical
develop remedial training programs for ways that the burden could be diagnosis of epilepsy or any other
flightcrew members who have minimized without reducing the quality condition that is likely to cause a loss
demonstrated performance deficiencies of the collected information. The agency of consciousness or any loss of ability to
or experienced failures in the training will summarize and/or include your operate a commercial motor vehicle
environment. comments in the request for OMB’s (CMV) from operating CMVs in
Respondents: Approximately 83 interstate commerce.
clearance of this information collection.
operators.
FOR FURTHER INFORMATION CONTACT: FOR FURTHER INFORMATION CONTACT:
Frequency: Approximately 10 times.
Ronda Thompson by email at: Christine A. Hydock, Chief, Medical
Estimated Average Burden per
Ronda.Thompson@faa.gov. Programs Division, (202) 366–4001,
Response: 1 hour.
SUPPLEMENTARY INFORMATION: fmcsamedical@dot.gov, FMCSA,
Estimated Total Annual Burden: 802
OMB Control Number: 2120–0710. Department of Transportation, 1200
hours.
Title: Reduction of Fuel Tank New Jersey Avenue SE., Room W64–
Issued in Washington, DC, on September 2, Flammability on Transport Category 224, Washington, DC 20590–0001.
2016. Airplanes. Office hours are 8:30 a.m. to 5 p.m., e.t.,
Ronda Thompson, Form Numbers: There are no FAA Monday through Friday, except Federal
FAA Information Collection Clearance forms associated with this collection. holidays. If you have questions
Officer, Performance, Policy, and Records Type of Review: Renewal of an regarding viewing or submitting
Management Branch, ASP–110. information collection. material to the docket, contact Docket
[FR Doc. 2016–21708 Filed 9–8–16; 8:45 am] Background: Design approval holders Services, telephone (202) 366–9826.
BILLING CODE 4910–13–P use flammability analysis
SUPPLEMENTARY INFORMATION:
documentation to demonstrate to their
FAA Oversight Office that they are I. Electronic Access
DEPARTMENT OF TRANSPORTATION compliant with the Fuel Tank
Flammability Safety rule (73 FR 42443). You may see all the comments online
Federal Aviation Administration Semi-annual reports submitted by through the Federal Document
design approval holders provide listings Management System (FDMS) at: http://
Agency Information Collection www.regulations.gov.
of component failures discovered during
Activities: Requests for Comments; Docket: For access to the docket to
scheduled or unscheduled maintenance
Clearance of Renewed Approval of read background documents or
so that the reliability of the flammability
Information Collection: Reduction of comments, go to http://
reduction means can be verified by the
Fuel Tank Flammability on Transport www.regulations.gov and/or Room
FAA.
Category Airplanes Respondents: Approximately 5 design W12–140 on the ground level of the
AGENCY: Federal Aviation approval holders. West Building, 1200 New Jersey Avenue
Administration (FAA), DOT. Frequency: Information is collected SE., Washington, DC, between 9 a.m.
on occasion. and 5 p.m., Monday through Friday,
ACTION: Notice and request for
Estimated Average Burden per except Federal holidays.
comments.
Response: 100 hours. Privacy Act: In accordance with 5
SUMMARY: In accordance with the Estimated Total Annual Burden: 4000 U.S.C. 553(c), DOT solicits comments
Paperwork Reduction Act of 1995, FAA hours. from the public to better inform its
asabaliauskas on DSK3SPTVN1PROD with NOTICES

invites public comments about our Issued in Washington, DC, on September 2, rulemaking process. DOT posts these
intention to request the Office of 2016. comments, without edit, including any
Management and Budget (OMB) Ronda Thompson, personal information the commenter
approval to renew a previously FAA Information Collection Clearance provides, to http://www.regulations.gov,
approved information collection. The Officer, Performance, Policy, and Records as described in the system of records
FAA’s Fuel Tank Flammability rule Management Branch, ASP–110. notice (DOT/ALL–14 FDMS), which can
requires manufacturers to report to the [FR Doc. 2016–21710 Filed 9–8–16; 8:45 am] be reviewed at http://www.dot.gov/
FAA every six months for up to 5 years BILLING CODE 4910–13–P privacy.

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62552 Federal Register / Vol. 81, No. 175 / Friday, September 9, 2016 / Notices

II. Background David Harrell (MD) Docket: For access to the docket to
Patrick Hahn (WI) read background documents or
FMCSA received applications from 18
Allan Jones (NY) comments, go to http://
individuals who requested an Angela Kalik (CA)
exemption from the FMCSRs www.regulations.gov and/or Room
Douglas Kelbley (OH) W12–140 on the ground level of the
prohibiting persons with a clinical Richard Koewacich (OH)
diagnosis of epilepsy or any other West Building, 1200 New Jersey Avenue
Brent Krock (PA) SE., Washington, DC, between 9 a.m.
condition that is likely to cause a loss Donald Kuritz (MO)
of consciousness or any loss of ability to Ryan Lewis (CA) and 5 p.m., Monday through Friday,
Donna Nardi (NJ) except Federal holidays.
operate a CMV from operating CMVs in
Harold Seaton (KY) Privacy Act: In accordance with 5
interstate commerce.
Eric Smits (WI) U.S.C. 553(c), DOT solicits comments
FMCSA has evaluated the eligibility
Scott Tucker (KY) from the public to better inform its
of these applicants and concluded that
Jammian Weaver (MO) rulemaking process. DOT posts these
granting these exemptions would not comments, without edit, including any
provide a level of safety that would be The following applicant is a citizen of
Canada: personal information the commenter
equivalent to or greater than, the level provides, to http://www.regulations.gov,
of safety that would be obtained by Michael Murchison
as described in the system of records
complying with the regulation 49 CFR Issued on: August 26, 2016. notice (DOT/ALL–14 FDMS), which can
391.41(b)(8). Larry W. Minor, be reviewed at http://www.dot.gov/
III. Basis for Exemption Determination Associate Administrator for Policy. privacy.
[FR Doc. 2016–21715 Filed 9–8–16; 8:45 am]
Under 49 U.S.C. 31136(e) and 31315, II. Background
BILLING CODE 4910–EX–P
FMCSA may grant an exemption for two On September 21, 2015, FMCSA
years if it finds ‘‘such an exemption published a notice announcing receipt
would likely achieve a level of safety of applications from eight individuals
DEPARTMENT OF TRANSPORTATION
that is equivalent to, or greater than, the requesting an exemption from the
level that would be achieved absent Federal Motor Carrier Safety prohibition against persons with a
such an exemption.’’ Administration clinical diagnosis of epilepsy or any
The Agency’s decision regarding these other condition that is likely to cause a
exemption applications is based on the [Docket No. FMCSA–2015–0118]
loss of consciousness or any loss of
eligibility criteria, the terms and ability to operate a CMV in interstate
conditions for Federal exemptions, and Denial of Exemption Applications;
Epilepsy and Seizure Disorders commerce and requested comments
an individualized assessment of each from the public (80 FR 57036). The
applicant’s medical information AGENCY: Federal Motor Carrier Safety public comment period closed on
provided by the applicant. Administration (FMCSA), DOT. October 21, 2015, and 13 comments
IV. Conclusion ACTION: Notice of denial. were received.
FMCSA has evaluated the eligibility
The Agency has determined that these SUMMARY: FMCSA announces its of these applicants and concluded that
applicants do not satisfy the criteria decision to deny applications from three granting three of the eight exemptions
eligibility or meet the terms and individuals who requested an would not provide a level of safety that
conditions for a Federal exemption and exemption from the Federal Motor would be equivalent to or greater than,
granting these exemptions would not Carrier Safety Regulations (FMCSRs) the level of safety that would be
provide a level of safety that would be prohibiting persons with a clinical obtained by complying with the
equivalent to or greater than, the level diagnosis of epilepsy or any other regulation 49 CFR 391.41(b)(8). A final
of safety that would be obtained by condition that is likely to cause a loss notice announcing the decision to grant
complying with the regulation 49 CFR of consciousness or any loss of ability to five of the eight exemptions and
391.41(b)(8). Therefore, the 18 operate a commercial motor vehicle providing a response to the 13
applicants in this notice have been (CMV) from operating CMVs in comments received was published on
denied exemptions from the physical interstate commerce. May 26, 2016 (FR 81 33577).
qualification standards in 49 CFR FOR FURTHER INFORMATION CONTACT:
391.41(b)(8). Christine A. Hydock, Chief, Medical III. Basis for Exemption Determination
Each applicant has, prior to this Programs Division, (202) 366–4001, Under 49 U.S.C. 31136(e) and
notice, received a letter of final fmcsamedical@dot.gov, FMCSA, 31315(b), FMCSA may grant an
disposition regarding his/her exemption Department of Transportation, 1200 exemption from the Federal epilepsy
request. Those decision letters fully New Jersey Avenue SE., Room W64– standard for a renewable two-year
outlined the basis for the denial and 224, Washington, DC 20590–0001. period if it finds ‘‘such exemption is
constitutes final action by the Agency. Office hours are 8:30 a.m. to 5 p.m., e.t., likely achieve a level of safety that is
This notice summarizes the Agency’s Monday through Friday, except Federal equivalent to or greater than the level
recent denials as required under 49 holidays. If you have questions that would be achieved absent such
U.S.C. 31315(b)(4) by periodically regarding viewing or submitting exemption.’’
publishing names and reasons for material to the docket, contact Docket The Agency’s decision regarding these
asabaliauskas on DSK3SPTVN1PROD with NOTICES

denial. Services, telephone (202) 366–9826. exemption applications is based on an
The following 17 applicants do not SUPPLEMENTARY INFORMATION: individualized assessment of each
meet the minimum time requirement for applicant’s medical information,
being seizure-free, either on or off of I. Electronic Access including the root cause of the
anti-seizure medication: You may see all the comments online respective seizure(s) and medical
Timothy Arthur (TX) through the Federal Document information about the applicant’s
Thomas Fish (NY) Management System (FDMS) at: http:// seizure history, the length of time that
Richard Fryman (MN) www.regulations.gov. has elapsed since the individual’s last

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Document Created: 2018-02-09 13:15:04
Document Modified: 2018-02-09 13:15:04

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
Action		Notice of denials.
Contact		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.
FR Citation		81 FR 62551

81 FR 62551 - Qualification of Drivers; Exemption Applications; Epilepsy and Seizure Disorders

DEPARTMENT OF TRANSPORTATIONFederal Motor Carrier Safety Administration

Federal Register Volume 81, Issue 175 (September 9, 2016)

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration