81 FR 62553 - 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		62553-62554
FR Document		2016-21720

FMCSA announces its decision to deny applications from four 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 62553-62554]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-21720]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2015-0119]


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 four 
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, [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., 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 November 12, 2015, FMCSA published a notice announcing receipt 
of applications from 13 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 70065). The public comment 
period closed on December 14, 2015, and seven comments were received.
    FMCSA has evaluated the eligibility of these applicants and 
concluded that granting four of the 13 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 nine 
of the 13 exemptions and providing a response to the seven comments 
received was published on May 9, 2016 (FR 80 28130).

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 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 four 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

[[Page 62554]]

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-2015-0119 published 
on November 12, 2015:
    Christopher Wayne Beaver--Mr. Beaver has a history of a single 
seizure in 2014.
    He takes anti-seizure medication. He does not meet the MEP 
guidelines at this time.
    Daniel Gerald Bretz, Jr.--Mr. Bretz has a history of a seizure 
disorder. His last seizure was in 2011. He takes anti-seizure 
medication. He does not meet the MEP guidelines at this time.
    Patrick P. Griffis, Sr.--Mr. Griffis has a history of two seizures. 
His last seizure was in 2015. He takes anti-seizure medication. He does 
not meet the MEP guidelines at this time.
    Trevor Bryant Jacobson--Mr. Jacobson has a history of a single 
seizure prior to the removal of a benign brain tumor. 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. 2016-21720 Filed 9-8-16; 8:45 am]
 BILLING CODE 4910-EX-P

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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62554 Federal Register / Vol. 81, No. 175 / Friday, September 9, 2016 / Notices

exemption from the physical operate a commercial motor vehicle eight of the 17 exemptions was
qualification standards in 49 CFR (CMV) from operating CMVs in published on May 9, 2016 (FR 81
391.41(b)(8). interstate commerce. 28134).
Each applicant has, prior to this FOR FURTHER INFORMATION CONTACT: III. Basis for Exemption Determination
notice, received a letter of final Christine A. Hydock, Chief, Medical
disposition regarding his/her exemption Programs Division, (202) 366–4001, Under 49 U.S.C. 31136(e) and
request. Those decision letters fully fmcsamedical@dot.gov, FMCSA, 31315(b), FMCSA may grant an
outlined the basis for the denial and Department of Transportation, 1200 exemption from the Federal epilepsy
constitutes final action by the Agency. standard for a renewable two-year
New Jersey Avenue SE., Room W64–
This notice summarizes the Agency’s period if it finds ‘‘such exemption is
224, Washington, DC 20590–0001.
recent denials as required under 49 likely achieve a level of safety that is
Office hours are 8:30 a.m. to 5 p.m., e.t.,
U.S.C. 31315(b)(4) by periodically equivalent to or greater than the level
Monday through Friday, except Federal
publishing names and reasons for that would be achieved absent such
holidays. If you have questions
denial. The following drivers were exemption.’’
regarding viewing or submitting The Agency’s decision regarding these
listed previously in Federal Register material to the docket, contact Docket
Notice FMCSA–2015–0119 published exemption applications is based on an
Services, telephone (202) 366–9826. individualized assessment of each
on November 12, 2015: SUPPLEMENTARY INFORMATION:
Christopher Wayne Beaver—Mr. applicant’s medical information,
Beaver has a history of a single seizure I. Electronic Access including the root cause of the
in 2014. respective seizure(s) and medical
You may see all the comments online information about the applicant’s
He takes anti-seizure medication. He through the Federal Document
does not meet the MEP guidelines at seizure history, the length of time that
Management System (FDMS) at: http:// has elapsed since the individual’s last
this time. www.regulations.gov.
Daniel Gerald Bretz, Jr.—Mr. Bretz seizure, the stability of each individual’s
Docket: For access to the docket to treatment regimen and the duration of
has a history of a seizure disorder. His read background documents or
last seizure was in 2011. He takes anti- time on or off of anti-seizure
comments, go to http:// medication. The Agency considered the
seizure medication. He does not meet www.regulations.gov and/or Room
the MEP guidelines at this time. 2007 recommendations of the Agency’s
W12–140 on the ground level of the Medical Expert Panel (MEP). The
Patrick P. Griffis, Sr.—Mr. Griffis has West Building, 1200 New Jersey Avenue
a history of two seizures. His last January 15, 2013 Federal Register notice
SE., Washington, DC, between 9 a.m. (78 FR 3069) provides the current MEP
seizure was in 2015. He takes anti- and 5 p.m., Monday through Friday,
seizure medication. He does not meet recommendations which is the criteria
except Federal holidays. the Agency uses to make decisions
the MEP guidelines at this time. Privacy Act: In accordance with 5
Trevor Bryant Jacobson—Mr. regarding seizure exemptions.
U.S.C. 553(c), DOT solicits comments
Jacobson has a history of a single seizure from the public to better inform its IV. Conclusion
prior to the removal of a benign brain rulemaking process. DOT posts these The Agency has determined that these
tumor. He takes anti-seizure medication. comments, without edit, including any nine applicants do not satisfy the
He does not meet the MEP guidelines at personal information the commenter criteria eligibility or meet the terms and
this time. provides, to http://www.regulations.gov, conditions for a Federal exemption and
Issued on: August 26, 2016. as described in the system of records granting these exemptions would not
Larry W. Minor, notice (DOT/ALL–14 FDMS), which can provide a level of safety that would be
Associate Administrator for Policy. be reviewed at http://www.dot.gov/ equivalent to or greater than, the level
[FR Doc. 2016–21720 Filed 9–8–16; 8:45 am] privacy. of safety that would be obtained by
BILLING CODE 4910–EX–P II. Background complying with the regulation 49 CFR
391.41(b)(8). Therefore, the applicants
On December 21, 2015, FMCSA in this notice have been denied an
DEPARTMENT OF TRANSPORTATION published a notice announcing receipt exemption from the physical
of applications from 17 individuals qualification standards in 49 CFR
Federal Motor Carrier Safety requesting an exemption from the 391.41(b)(8).
Administration prohibition against persons with a Each applicant has, prior to this
clinical diagnosis of epilepsy or any notice, received a letter of final
[Docket No. FMCSA–2015–0320] other condition that is likely to cause a disposition regarding his/her exemption
loss of consciousness or any loss of request. Those decision letters fully
Denial of Exemption Applications;
ability to operate a CMV in interstate outlined the basis for the denial and
Epilepsy and Seizure Disorders
commerce and requested comments constitutes final action by the Agency.
AGENCY: Federal Motor Carrier Safety from the public (80 FR 79397). The This notice summarizes the Agency’s
Administration (FMCSA), DOT. public comment period closed on recent denials as required under 49
ACTION: Notice of denial. January 20, 2016, and no comments U.S.C. 31315(b)(4) by periodically
were received. publishing names and reasons for
SUMMARY: FMCSA announces its FMCSA has evaluated the eligibility denial. The following drivers were
asabaliauskas on DSK3SPTVN1PROD with NOTICES

decision to deny applications from nine of these applicants and concluded that listed previously in Federal Register
individuals who requested an granting nine of the 17 exemptions Notice FMCSA–2015–0320 published
exemption from the Federal Motor would not provide a level of safety that on December 21, 2015:
Carrier Safety Regulations (FMCSRs) would be equivalent to or greater than, Richard Bailey—Mr. Bailey has a
prohibiting persons with a clinical the level of safety that would be history of a seizure disorder. His last
diagnosis of epilepsy or any other obtained by complying with the seizure was in 2009. He takes anti-
condition that is likely to cause a loss regulation 49 CFR 391.41(b)(8). A final seizure medication. He does not meet
of consciousness or any loss of ability to notice announcing the decision to grant the MEP guidelines at this time.

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Document Created: 2018-02-09 13:15:27
Document Modified: 2018-02-09 13:15:27

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 62553

81 FR 62553 - 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