81 FR 62552 - Denial of 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		62552-62553
FR Document		2016-21718

FMCSA announces its decision to deny applications from three 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 62552-62553]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-21718]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2015-0118]


Denial of Exemption Applications; Epilepsy and Seizure Disorders

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION: Notice of denial.

-----------------------------------------------------------------------

SUMMARY: FMCSA announces its decision to deny applications from three 
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.

II. Background

    On September 21, 2015, FMCSA published a notice announcing receipt 
of applications from eight individuals requesting an exemption from the 
prohibition against 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 in interstate commerce and 
requested comments from the public (80 FR 57036). The public comment 
period closed on October 21, 2015, and 13 comments were received.
    FMCSA has evaluated the eligibility of these applicants and 
concluded that granting three of the eight 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). A final notice announcing the decision to grant 
five of the eight exemptions and providing a response to the 13 
comments received was published on May 26, 2016 (FR 81 33577).

III. Basis for Exemption Determination

    Under 49 U.S.C. 31136(e) and 31315(b), FMCSA may grant an exemption 
from the Federal epilepsy standard for a renewable two-year period if 
it finds ``such exemption is likely achieve a level of safety that is 
equivalent to or greater than the level that would be achieved absent 
such exemption.''
    The Agency's decision regarding these exemption applications is 
based on an individualized assessment of each applicant's medical 
information, including the root cause of the respective seizure(s) and 
medical information about the applicant's seizure history, the length 
of time that has elapsed since the individual's last

[[Page 62553]]

seizure, the stability of each individual's treatment regimen and the 
duration of time on or off of anti-seizure medication. The Agency 
considered the 2007 recommendations of the Agency's Medical Expert 
Panel (MEP). The January 15, 2013 Federal Register notice (78 FR 3069) 
provides the current MEP recommendations which is the criteria the 
Agency uses to make decisions regarding seizure exemptions.

IV. Conclusion

    The Agency has determined that these three 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 applicants in this notice have been 
denied an exemption 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 drivers were 
listed previously in Federal Register Notice FMCSA-2015-0118 published 
on September 21, 2015:
    Ricky B. Alegre--Mr. Alegre has a history of a single provoked 
seizure in 2014. He takes anti-seizure medication. He does not meet the 
MEP guidelines at this time.
    Michael Todd Hill--Mr. Hill has a history of a seizure disorder. 
His last seizure was in 2013. He takes anti-seizure medication. He does 
not meet the MEP guidelines at this time.
    Billy Ray Hunter--Mr. Hunter has a history of a seizure disorder. 
His last seizure was in 2012. He takes anti-seizure medication. He does 
not meet the MEP guidelines at this time.

    Issued on: August 26, 2016.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2016-21718 Filed 9-8-16; 8:45 am]
 BILLING CODE 4910-EX-P

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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Federal Register / Vol. 81, No. 175 / Friday, September 9, 2016 / Notices 62553

seizure, the stability of each individual’s DEPARTMENT OF TRANSPORTATION of applications from 13 individuals
treatment regimen and the duration of requesting an exemption from the
time on or off of anti-seizure Federal Motor Carrier Safety prohibition against persons with a
medication. The Agency considered the Administration clinical diagnosis of epilepsy or any
2007 recommendations of the Agency’s [Docket No. FMCSA–2015–0119] other condition that is likely to cause a
Medical Expert Panel (MEP). The loss of consciousness or any loss of
January 15, 2013 Federal Register notice Denial of Exemption Applications; ability to operate a CMV in interstate
(78 FR 3069) provides the current MEP Epilepsy and Seizure Disorders commerce and requested comments
recommendations which is the criteria from the public (80 FR 70065). The
AGENCY: Federal Motor Carrier Safety public comment period closed on
the Agency uses to make decisions Administration (FMCSA), DOT. December 14, 2015, and seven
regarding seizure exemptions. ACTION: Notice of denial. comments were received.
IV. Conclusion FMCSA has evaluated the eligibility
SUMMARY: FMCSA announces its of these applicants and concluded that
The Agency has determined that these decision to deny applications from four granting four of the 13 exemptions
three applicants do not satisfy the individuals who requested an would not provide a level of safety that
criteria eligibility or meet the terms and exemption from the Federal Motor would be equivalent to or greater than,
conditions for a Federal exemption and Carrier Safety Regulations (FMCSRs) the level of safety that would be
granting these exemptions would not prohibiting persons with a clinical obtained by complying with the
diagnosis of epilepsy or any other regulation 49 CFR 391.41(b)(8). A final
provide a level of safety that would be
condition that is likely to cause a loss notice announcing the decision to grant
equivalent to or greater than, the level
of consciousness or any loss of ability to nine of the 13 exemptions and
of safety that would be obtained by operate a commercial motor vehicle
complying with the regulation 49 CFR providing a response to the seven
(CMV) from operating CMVs in comments received was published on
391.41(b)(8). Therefore, the applicants interstate commerce.
in this notice have been denied an May 9, 2016 (FR 80 28130).
FOR FURTHER INFORMATION CONTACT:
exemption from the physical Christine A. Hydock, Chief, Medical III. Basis for Exemption Determination
qualification standards in 49 CFR Programs Division, (202) 366–4001, Under 49 U.S.C. 31136(e) and
391.41(b)(8). fmcsamedical@dot.gov, FMCSA, 31315(b), FMCSA may grant an
Each applicant has, prior to this Department of Transportation, 1200 exemption from the Federal epilepsy
notice, received a letter of final New Jersey Avenue SE., Room W64– standard for a renewable two-year
disposition regarding his/her exemption 224, Washington, DC 20590–0001. period if it finds ‘‘such exemption is
request. Those decision letters fully Office hours are 8:30 a.m. to 5 p.m., e.t., likely achieve a level of safety that is
outlined the basis for the denial and Monday through Friday, except Federal equivalent to or greater than the level
constitutes final action by the Agency. holidays. If you have questions that would be achieved absent such
This notice summarizes the Agency’s regarding viewing or submitting exemption.’’
recent denials as required under 49 material to the docket, contact Docket The Agency’s decision regarding these
Services, telephone (202) 366–9826. exemption applications is based on an
U.S.C. 31315(b)(4) by periodically
SUPPLEMENTARY INFORMATION: individualized assessment of each
publishing names and reasons for
applicant’s medical information,
denial. The following drivers were I. Electronic Access including the root cause of the
listed previously in Federal Register respective seizure(s) and medical
You may see all the comments online
Notice FMCSA–2015–0118 published information about the applicant’s
through the Federal Document
on September 21, 2015: Management System (FDMS) at: http:// seizure history, the length of time that
Ricky B. Alegre—Mr. Alegre has a www.regulations.gov. has elapsed since the individual’s last
history of a single provoked seizure in Docket: For access to the docket to seizure, the stability of each individual’s
2014. He takes anti-seizure medication. read background documents or treatment regimen and the duration of
He does not meet the MEP guidelines at comments, go to http:// time on or off of anti-seizure
this time. www.regulations.gov and/or Room medication. The Agency considered the
W12–140 on the ground level of the 2007 recommendations of the Agency’s
Michael Todd Hill—Mr. Hill has a
West Building, 1200 New Jersey Avenue Medical Expert Panel (MEP). The
history of a seizure disorder. His last
SE., Washington, DC, between 9 a.m. January 15, 2013 Federal Register notice
seizure was in 2013. He takes anti- (78 FR 3069) provides the current MEP
and 5 p.m., Monday through Friday,
seizure medication. He does not meet except Federal holidays. recommendations which is the criteria
the MEP guidelines at this time. Privacy Act: In accordance with 5 the Agency uses to make decisions
Billy Ray Hunter—Mr. Hunter has a U.S.C. 553(c), DOT solicits comments regarding seizure exemptions.
history of a seizure disorder. His last from the public to better inform its
IV. Conclusion
seizure was in 2012. He takes anti- rulemaking process. DOT posts these
seizure medication. He does not meet comments, without edit, including any The Agency has determined that these
the MEP guidelines at this time. personal information the commenter four applicants do not satisfy the criteria
eligibility or meet the terms and
asabaliauskas on DSK3SPTVN1PROD with NOTICES

provides, to http://www.regulations.gov,
Issued on: August 26, 2016. conditions for a Federal exemption and
as described in the system of records
Larry W. Minor, notice (DOT/ALL–14 FDMS), which can granting these exemptions would not
Associate Administrator for Policy. be reviewed at http://www.dot.gov/ provide a level of safety that would be
[FR Doc. 2016–21718 Filed 9–8–16; 8:45 am] privacy. equivalent to or greater than, the level
BILLING CODE 4910–EX–P
of safety that would be obtained by
II. Background complying with the regulation 49 CFR
On November 12, 2015, FMCSA 391.41(b)(8). Therefore, the applicants
published a notice announcing receipt in this notice have been denied an

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Document Created: 2018-02-09 13:15:23
Document Modified: 2018-02-09 13:15:23

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 denial.
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 62552

81 FR 62552 - Denial of 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