81 FR 62554 - 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)
Federal Motor Carrier Safety Administration
Federal Register Volume 81, Issue 175 (September 9, 2016)
| Page Range | 62554-62555 | |
| FR Document | 2016-21717 |
[Federal Register Volume 81, Number 175 (Friday, September 9, 2016)] [Notices] [Pages 62554-62555] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-21717] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA-2015-0320] 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 nine 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 December 21, 2015, FMCSA published a notice announcing receipt of applications from 17 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 79397). The public comment period closed on January 20, 2016, and no comments were received. FMCSA has evaluated the eligibility of these applicants and concluded that granting nine of the 17 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 eight of the 17 exemptions was published on May 9, 2016 (FR 81 28134). 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 nine 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-2015-0320 published on December 21, 2015: Richard Bailey--Mr. Bailey has a history of a seizure disorder. His last seizure was in 2009. He takes anti-seizure medication. He does not meet the MEP guidelines at this time. [[Page 62555]] James P. Murphy--Mr. Murphy has a history of seizure related to a brain tumor. His last seizure was in 2011. He takes anti-seizure medication. He does not meet the MEP guidelines at this time. Jason Christopher Nikolas--Mr. Nikolas has a history of epilepsy. His last seizure was in 2012. He takes anti-seizure medication. He does not meet the MEP guidelines at this time. Curtis Joseph Palubicki--Mr. Palubicki has a history of epilepsy. His last seizure was September 2008. He takes anti-seizure medication. He does not meet the MEP guidelines at this time. Franklin Prettyman--Mr. Prettyman 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. Chad Riemenschneider--Mr. Riemenschneider 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. Isaac E. Rogers--Mr. Rogers has a history of a seizure disorder. His last seizure was in 2009. He takes anti-seizure medication. He not meet the MEP guidelines at this time. Kenneth P. Schmitt--Mr. Schmitt has a history of a seizure disorder. He did not provide sufficient medical documentation to determine the date of his last seizure. He does not meet the MEP guidelines at this time. Alfonso Valdivieso--Mr. Valdivieso has a history of seizures. His last seizure was in 2011. 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. 2016-21717 Filed 9-8-16; 8:45 am] BILLING CODE 4910-EX-P
![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.
VerDate Sep<11>2014 17:11 Sep 08, 2016 Jkt 238001 PO 00000 Frm 00085 Fmt 4703 Sfmt 4703 E:\FR\FM\09SEN1.SGM 09SEN1](https://thefederalregister.org/doc/81_FR_62729/page/1.svg)
![Federal Register / Vol. 81, No. 175 / Friday, September 9, 2016 / Notices 62555
James P. Murphy—Mr. Murphy has a Carrier Safety Regulations (FMCSRs) would be equivalent to or greater than,
history of seizure related to a brain prohibiting persons with a clinical the level of safety that would be
tumor. His last seizure was in 2011. He diagnosis of epilepsy or any other obtained by complying with the
takes anti-seizure medication. He does condition that is likely to cause a loss regulation 49 CFR 391.41(b)(8). A final
not meet the MEP guidelines at this of consciousness or any loss of ability to notice announcing the decision to grant
time. operate a commercial motor vehicle five of the 12 exemptions and providing
Jason Christopher Nikolas—Mr. (CMV) from operating CMVs in a response to the one comment received
Nikolas has a history of epilepsy. His interstate commerce. was published on June 13, 2016 (FR 81
last seizure was in 2012. He takes anti- FOR FURTHER INFORMATION CONTACT: 38262).
seizure medication. He does not meet Christine A. Hydock, Chief, Medical III. Basis for Exemption Determination
the MEP guidelines at this time. Programs Division, (202) 366–4001,
Curtis Joseph Palubicki—Mr. fmcsamedical@dot.gov, FMCSA, Under 49 U.S.C. 31136(e) and
Palubicki has a history of epilepsy. His Department of Transportation, 1200 31315(b), FMCSA may grant an
last seizure was September 2008. He New Jersey Avenue SE., Room W64– exemption from the Federal epilepsy
takes anti-seizure medication. He does 224, Washington, DC 20590–0001. standard for a renewable two-year
not meet the MEP guidelines at this Office hours are 8:30 a.m. to 5 p.m., e.t., period if it finds ‘‘such exemption is
time. Monday through Friday, except Federal likely achieve a level of safety that is
Franklin Prettyman—Mr. Prettyman holidays. If you have questions equivalent to or greater than the level
has a history of a seizure disorder. His regarding viewing or submitting that would be achieved absent such
last seizure was in 2012. He takes anti- material to the docket, contact Docket exemption.’’
seizure medication. He does not meet Services, telephone (202) 366–9826. The Agency’s decision regarding these
the MEP guidelines at this time. SUPPLEMENTARY INFORMATION: exemption applications is based on an
Chad Riemenschneider—Mr. individualized assessment of each
Riemenschneider has a history of a I. Electronic Access applicant’s medical information,
seizure disorder. His last seizure was in You may see all the comments online including the root cause of the
2011. He takes anti-seizure medication. through the Federal Document respective seizure(s) and medical
He does not meet the MEP guidelines at Management System (FDMS) at: http:// information about the applicant’s
this time. www.regulations.gov. seizure history, the length of time that
Isaac E. Rogers—Mr. Rogers has a Docket: For access to the docket to has elapsed since the individual’s last
history of a seizure disorder. His last read background documents or seizure, the stability of each individual’s
seizure was in 2009. He takes anti- comments, go to http:// treatment regimen and the duration of
seizure medication. He not meet the www.regulations.gov and/or Room time on or off of anti-seizure
MEP guidelines at this time. W12–140 on the ground level of the medication. The Agency considered the
Kenneth P. Schmitt—Mr. Schmitt has West Building, 1200 New Jersey Avenue 2007 recommendations of the Agency’s
a history of a seizure disorder. He did SE., Washington, DC, between 9 a.m. Medical Expert Panel (MEP). The
not provide sufficient medical and 5 p.m., Monday through Friday, January 15, 2013 Federal Register notice
documentation to determine the date of except Federal holidays. (78 FR 3069) provides the current MEP
his last seizure. He does not meet the Privacy Act: In accordance with 5 recommendations which is the criteria
MEP guidelines at this time. U.S.C. 553(c), DOT solicits comments the Agency uses to make decisions
Alfonso Valdivieso—Mr. Valdivieso from the public to better inform its regarding seizure exemptions.
has a history of seizures. His last seizure rulemaking process. DOT posts these
was in 2011. He takes anti-seizure IV. Conclusion
comments, without edit, including any
medication. He does not meet the MEP personal information the commenter The Agency has determined that these
guidelines at this time. provides, to http://www.regulations.gov, seven applicants do not satisfy the
Issued on: August 26, 2016. as described in the system of records criteria eligibility or meet the terms and
Larry W. Minor, notice (DOT/ALL–14 FDMS), which can conditions for a Federal exemption and
Associate Administrator for Policy. be reviewed at http://www.dot.gov/ granting these exemptions would not
privacy. provide a level of safety that would be
[FR Doc. 2016–21717 Filed 9–8–16; 8:45 am]
equivalent to or greater than, the level
BILLING CODE 4910–EX–P II. Background of safety that would be obtained by
On August 12, 2015, FMCSA complying with the regulation 49 CFR
DEPARTMENT OF TRANSPORTATION published a notice announcing receipt 391.41(b)(8). Therefore, the applicants
of applications from 12 individuals in this notice have been denied an
Federal Motor Carrier Safety requesting an exemption from the exemption from the physical
Administration prohibition against persons with a qualification standards in 49 CFR
clinical diagnosis of epilepsy or any 391.41(b)(8).
[Docket No. FMCSA–2015–0117] other condition that is likely to cause a Each applicant has, prior to this
loss of consciousness or any loss of notice, received a letter of final
Denial of Exemption Applications;
ability to operate a CMV in interstate disposition regarding his/her exemption
Epilepsy and Seizure Disorders
commerce and requested comments request. Those decision letters fully
asabaliauskas on DSK3SPTVN1PROD with NOTICES
AGENCY: Federal Motor Carrier Safety from the public (80 FR 48406). The outlined the basis for the denial and
Administration (FMCSA), DOT. public comment period closed on constitutes final action by the Agency.
ACTION: Notice of denial. September 11, 2015, and one comment This notice summarizes the Agency’s
was received. recent denials as required under 49
SUMMARY: FMCSA announces its FMCSA has evaluated the eligibility U.S.C. 31315(b)(4) by periodically
decision to deny applications from of these applicants and concluded that publishing names and reasons for
seven individuals who requested an granting seven of the 12 exemptions denial. The following drivers were
exemption from the Federal Motor would not provide a level of safety that listed previously in Federal Register
VerDate Sep<11>2014 17:11 Sep 08, 2016 Jkt 238001 PO 00000 Frm 00086 Fmt 4703 Sfmt 4703 E:\FR\FM\09SEN1.SGM 09SEN1](https://thefederalregister.org/doc/81_FR_62729/page/2.svg)
Document Created: 2018-02-09 13:15:10
Document Modified: 2018-02-09 13:15:10
| 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 62554 |
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