81 FR 62555 - 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 | 62555-62556 | |
| FR Document | 2016-21716 |
[Federal Register Volume 81, Number 175 (Friday, September 9, 2016)] [Notices] [Pages 62555-62556] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-21716] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA-2015-0117] 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 seven 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 August 12, 2015, FMCSA published a notice announcing receipt of applications from 12 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 48406). The public comment period closed on September 11, 2015, and one comment was received. FMCSA has evaluated the eligibility of these applicants and concluded that granting seven of the 12 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 12 exemptions and providing a response to the one comment received was published on June 13, 2016 (FR 81 38262). 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 seven 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 [[Page 62556]] Notice FMCSA-2015-0117 published on August 12, 2015: Nicholes Arroyo--Mr. Arroyo has a history of epilepsy. His last seizure was in 2014. He takes anti-seizure medication. He does not meet the MEP guidelines at this time. Kevin Scott Brelsford--Mr. Brelsford has a history of epilepsy. His last seizure was in 2010. He takes anti-seizure medication. He does not meet the MEP guidelines at this time. Donald Adin Horst--Mr. Horst has a history of a single provoked seizure in 2009 as the result of a subdural hematoma. He takes anti- seizure medication. He does not meet the MEP guidelines at this time. Bradley Jolley--Mr. Jolley has a history of a epilepsy. Mr. Jolley did not provide enough medical information to determine the date of his last seizure. He takes anti-seizure medication. He does not meet the MEP guidelines at this time. Charles Ray Paul--Mr. Paul has a history of epilepsy. His last seizure was in 2006, and his medical documentation notes that he experiences stereotypical auras. He takes anti-seizure medication. He does not meet the MEP guidelines at this time. Eric Lee Troendle--Mr. Troendle has a history of a brain tumor. His last seizure was in 2014. He takes anti-seizure medication. He does not meet the MEP guidelines at this time. Brian J. Underwood--Mr. Underwood has a history of epilepsy. His last seizure was in 2003. Mr. Underwood did not provide enough medical information to determine the last change in his 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. 2016-21716 Filed 9-8-16; 8:45 am] BILLING CODE 4910-EX-P
![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_62730/page/1.svg)
![62556 Federal Register / Vol. 81, No. 175 / Friday, September 9, 2016 / Notices
Notice FMCSA–2015–0117 published exemption from the Federal Motor granting nine of the 31 exemptions
on August 12, 2015: Carrier Safety Regulations (FMCSRs) would not provide a level of safety that
Nicholes Arroyo—Mr. Arroyo has a prohibiting persons with a clinical would be equivalent to or greater than,
history of epilepsy. His last seizure was diagnosis of epilepsy or any other the level of safety that would be
in 2014. He takes anti-seizure condition that is likely to cause a loss obtained by complying with the
medication. He does not meet the MEP of consciousness or any loss of ability to regulation 49 CFR 391.41(b)(8). A final
guidelines at this time. operate a commercial motor vehicle notice announcing a decision on the
Kevin Scott Brelsford—Mr. Brelsford (CMV) from operating CMVs in remaining 22 requests will be published
has a history of epilepsy. His last interstate commerce. at a later date.
seizure was in 2010. He takes anti- FOR FURTHER INFORMATION CONTACT: III. Basis for Exemption Determination
seizure medication. He does not meet Christine A. Hydock, Chief, Medical
the MEP guidelines at this time. Programs Division, (202) 366–4001, Under 49 U.S.C. 31136(e) and
Donald Adin Horst—Mr. Horst has a fmcsamedical@dot.gov, FMCSA, 31315(b), FMCSA may grant an
history of a single provoked seizure in Department of Transportation, 1200 exemption from the Federal epilepsy
2009 as the result of a subdural New Jersey Avenue SE., Room W64– standard for a renewable two-year
hematoma. He takes anti-seizure 224, Washington, DC 20590–0001. period if it finds ‘‘such exemption is
medication. He does not meet the MEP Office hours are 8:30 a.m. to 5 p.m., e.t., likely achieve a level of safety that is
guidelines at this time. Monday through Friday, except Federal equivalent to or greater than the level
Bradley Jolley—Mr. Jolley has a holidays. If you have questions that would be achieved absent such
history of a epilepsy. Mr. Jolley did not regarding viewing or submitting exemption.’’
provide enough medical information to material to the docket, contact Docket The Agency’s decision regarding these
determine the date of his last seizure. Services, telephone (202) 366–9826. exemption applications is based on an
He takes anti-seizure medication. He SUPPLEMENTARY INFORMATION: individualized assessment of each
does not meet the MEP guidelines at applicant’s medical information,
this time. I. Electronic Access including the root cause of the
Charles Ray Paul—Mr. Paul has a You may see all the comments online respective seizure(s) and medical
history of epilepsy. His last seizure was through the Federal Document information about the applicant’s
in 2006, and his medical documentation Management System (FDMS) at: http:// seizure history, the length of time that
notes that he experiences stereotypical www.regulations.gov. has elapsed since the individual’s last
auras. He takes anti-seizure medication. Docket: For access to the docket to seizure, the stability of each individual’s
He does not meet the MEP guidelines at read background documents or treatment regimen and the duration of
this time. comments, go to http:// time on or off of anti-seizure
Eric Lee Troendle—Mr. Troendle has www.regulations.gov and/or Room medication. The Agency considered the
a history of a brain tumor. His last W12–140 on the ground level of the 2007 recommendations of the Agency’s
seizure was in 2014. He takes anti- West Building, 1200 New Jersey Avenue Medical Expert Panel (MEP). The
seizure medication. He does not meet SE., Washington, DC, between 9 a.m. January 15, 2013 Federal Register notice
the MEP guidelines at this time. and 5 p.m., Monday through Friday, (78 FR 3069) provides the current MEP
Brian J. Underwood—Mr. Underwood except Federal holidays. recommendations which is the criteria
has a history of epilepsy. His last Privacy Act: In accordance with 5 the Agency uses to make decisions
seizure was in 2003. Mr. Underwood U.S.C. 553(c), DOT solicits comments regarding seizure exemptions.
did not provide enough medical from the public to better inform its
information to determine the last change IV. Conclusion
rulemaking process. DOT posts these
in his anti-seizure medication. He does comments, without edit, including any The Agency has determined that these
not meet the MEP guidelines at this personal information the commenter nine applicants do not satisfy the
time. provides, to http://www.regulations.gov, criteria eligibility or meet the terms and
Issued on: August 26, 2016. as described in the system of records conditions for a Federal exemption and
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
privacy. equivalent to or greater than, the level
[FR Doc. 2016–21716 Filed 9–8–16; 8:45 am]
of safety that would be obtained by
BILLING CODE 4910–EX–P II. Background complying with the regulation 49 CFR
On March 9, 2016, FMCSA published 391.41(b)(8). Therefore, the applicants
DEPARTMENT OF TRANSPORTATION a notice announcing receipt of in this notice have been denied an
applications from 31 individuals exemption from the physical
Federal Motor Carrier Safety requesting an exemption from the qualification standards in 49 CFR
Administration prohibition against persons with a 391.41(b)(8).
clinical diagnosis of epilepsy or any Each applicant has, prior to this
[Docket No. FMCSA–2015–0321] other condition that is likely to cause a notice, received a letter of final
loss of consciousness or any loss of disposition regarding his/her exemption
Denial of Exemption Applications;
ability to operate a CMV in interstate request. Those decision letters fully
asabaliauskas on DSK3SPTVN1PROD with NOTICES
Epilepsy and Seizure Disorders
commerce and requested comments outlined the basis for the denial and
AGENCY: Federal Motor Carrier Safety from the public (81 FR 12553). The constitutes final action by the Agency.
Administration (FMCSA), DOT. public comment period closed on April This notice summarizes the Agency’s
ACTION: Notice of denial. 8, 2016, and three comments were recent denials as required under 49
received, all in support of granting U.S.C. 31315(b)(4) by periodically
SUMMARY: FMCSA announces its seizure exemptions. publishing names and reasons for
decision to deny applications from nine FMCSA has evaluated the eligibility denial. The following drivers were
individuals who requested an of these applicants and concluded that listed previously in Federal Register
VerDate Sep<11>2014 17:11 Sep 08, 2016 Jkt 238001 PO 00000 Frm 00087 Fmt 4703 Sfmt 4703 E:\FR\FM\09SEN1.SGM 09SEN1](https://thefederalregister.org/doc/81_FR_62730/page/2.svg)
Document Created: 2018-02-09 13:15:07
Document Modified: 2018-02-09 13:15:07
| 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 62555 |
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