81 FR 62556 - 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 | 62556-62557 | |
| FR Document | 2016-21719 |
[Federal Register Volume 81, Number 175 (Friday, September 9, 2016)] [Notices] [Pages 62556-62557] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-21719] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA-2015-0321] 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, [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 March 9, 2016, FMCSA published a notice announcing receipt of applications from 31 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 (81 FR 12553). The public comment period closed on April 8, 2016, and three comments were received, all in support of granting seizure exemptions. FMCSA has evaluated the eligibility of these applicants and concluded that granting nine of the 31 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 a decision on the remaining 22 requests will be published at a later date. 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 [[Page 62557]] Notice FMCSA-2015-0321 published on March 9, 2016: George J. Conte--Mr. Conte 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. Dean W. Drury--Mr. Drury has a history of seizure following surgery in February 2015. He currently takes anti-seizure medication. He does not meet the MEP guidelines at this time. Ronald Alan Nagy, Jr--Mr. Nagy underwent a craniotomy for resection of an astrocytoma in June 2015. He takes anti-seizure medication. He does not meet the MEP guidelines at this time. Nicholas Ramirez--Mr. Ramirez has a history of a seizure disorder. His last seizure was in 2010. He takes anti-seizure medication. He does not meet the MEP guidelines at this time. Tory J. Shuler--Mr. Shuler has a history of seizure. His last seizure was in 2012. He takes anti-seizure medication. He does not meet the MEP guidelines at this time. Randall T. Slavik--Mr. Slavik has a history of a single seizure in 2015. He takes anti-seizure medication. He not meet the MEP guidelines at this time. Michael Spinelli, IV--Mr. Spinelli has a history of seizure. His last seizure was in 2015. He takes anti-seizure medication. He does not meet the MEP guidelines at this time. Daisy Tapia--Ms. Tapia has a history of a single seizure in 2012 followed by a resection of a benign meningioma. She takes anti-seizure medication. She does not meet the MEP guidelines at this time. Paul Richard Trombley--Mr. Trombley has a history of a seizure disorder. His last seizure was in 2014. 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. 2016-21719 Filed 9-8-16; 8:45 am] BILLING CODE 4910-EX-P
![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
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![Federal Register / Vol. 81, No. 175 / Friday, September 9, 2016 / Notices 62557
Notice FMCSA–2015–0321 published this document provides the public scheduling a public hearing in
on March 9, 2016: notice that by a document dated connection with these proceedings since
George J. Conte—Mr. Conte has a September 17, 2015, the National the facts do not appear to warrant a
history of epilepsy. His last seizure was Railroad Passenger Corporation hearing. If any interested party desires
in 2014. He takes anti-seizure (Amtrak) has requested a Special an opportunity for oral comment, they
medication. He does not meet the MEP Approval of an alternate standard for 49 should notify FRA, in writing, before
guidelines at this time. CFR 238.311(a)—Single car test, as the end of the comment period and
Dean W. Drury—Mr. Drury has a prescribed in 49 CFR 238.21(b)—Special specify the basis for their request.
history of seizure following surgery in approval procedure. FRA assigned the
February 2015. He currently takes anti- request Docket Number FRA–2015– All communications concerning these
seizure medication. He does not meet 0106. proceedings should identify the
the MEP guidelines at this time. Amtrak requests permission to appropriate docket number and may be
Ronald Alan Nagy, Jr—Mr. Nagy continue to maintain and test the 9600 submitted by any of the following
underwent a craniotomy for resection of series cab coach car CCB II brake methods:
an astrocytoma in June 2015. He takes systems under the requirements of 49 • Web site: http://
anti-seizure medication. He does not CFR 229.29 as an alternative www.regulations.gov. Follow the online
meet the MEP guidelines at this time. maintenance procedure that provides
Nicholas Ramirez—Mr. Ramirez has a instructions for submitting comments.
equivalent safety to the standard in
history of a seizure disorder. His last • Fax: 202–493–2251.
APTA–PR–M–S–005–98 Rev 2.1
seizure was in 2010. He takes anti- outlined in 49 CFR 238.311. • Mail: Docket Operations Facility,
seizure medication. He does not meet Amtrak’s fleet of 9600 series cab U.S. Department of Transportation, 1200
the MEP guidelines at this time. coach cars was originally equipped with New Jersey Avenue SE., W12–140,
Tory J. Shuler—Mr. Shuler has a
a 26–C (car) type of brake system along Washington, DC 20590.
history of seizure. His last seizure was
with additional 26–L (locomotive) style • Hand Delivery: 1200 New Jersey
in 2012. He takes anti-seizure
medication. He does not meet the MEP of control valves in the cab, to control Avenue SE., Room W12–140,
guidelines at this time. the brake system when in push/pull Washington, DC 20590, between 9 a.m.
Randall T. Slavik—Mr. Slavik has a service. Amtrak previously maintained and 5 p.m., Monday through Friday,
history of a single seizure in 2015. He and tested the 26–C style of valves per except Federal Holidays.
takes anti-seizure medication. He not 49 CFR 238.309 and the 26–L style of
valves per 49 CFR 229.29, along with Communications received by October
meet the MEP guidelines at this time.
Michael Spinelli, IV—Mr. Spinelli has the requirement of FRA Form F6180– 11, 2016 will be considered by FRA
a history of seizure. His last seizure was 49A (‘‘Blue Card’’) to be located in the before final action is taken. Comments
in 2015. He takes anti-seizure cab. The main reservoir leakage tests received after that date will be
medication. He does not meet the MEP and the brake cylinder leakage tests considered as far as practicable.
guidelines at this time. were conducted per APTA–PR–M–S– Anyone is able to search the
Daisy Tapia—Ms. Tapia has a history 005–98 Rev 2.1. electronic form of any written
of a single seizure in 2012 followed by The cab cars are presently equipped communications and comments
a resection of a benign meningioma. She with New York Air Brake’s CCB II brake received into any of our dockets by the
takes anti-seizure medication. She does system designed for locomotives and are name of the individual submitting the
not meet the MEP guidelines at this being maintained and tested under the
comment (or signing the document, if
time. requirements of 49 CFR 229.29. The
submitted on behalf of an association,
Paul Richard Trombley—Mr. main reservoir leakage test and the
brake cylinder leakage test continue to business, labor union, etc.). In
Trombley has a history of a seizure
disorder. His last seizure was in 2014. be tested per APTA–PR–M–S–005–98 accordance with 5 U.S.C. 553(c), DOT
He takes anti-seizure medication. He Rev 2.1. The 92-day and annual test solicits comments from the public to
does not meet the MEP guidelines at procedures for these CCB II-equipped better inform its processes. DOT posts
this time. cab cars are found in documents these comments, without edit, including
submitted to the public docket. any personal information the
Issued on: August 26, 2016.
Copies of these documents and the commenter provides, to
Larry W. Minor,
petition, as well as any written www.regulations.gov, as described in
Associate Administrator for Policy.
communications concerning the the system of records notice (DOT/ALL–
[FR Doc. 2016–21719 Filed 9–8–16; 8:45 am]
petition, are available for review online 14 FDMS), which can be reviewed at
BILLING CODE 4910–EX–P
at www.regulations.gov and in person at www.dot.gov/privacy. See also http://
the U.S. Department of Transportation’s www.regulations.gov/#!privacyNotice
(DOT) Docket Operations Facility, 1200 for the privacy notice of regulations.gov.
DEPARTMENT OF TRANSPORTATION
New Jersey Avenue SE., W12–140,
Washington, DC 20590. The Docket Robert C. Lauby,
Federal Railroad Administration
Operations Facility is open from 9 a.m. Associate Administrator for Safety, Chief
[Docket Number FRA–2015–0106] to 5 p.m., Monday through Friday, Safety Officer.
except Federal Holidays. [FR Doc. 2016–21762 Filed 9–8–16; 8:45 am]
asabaliauskas on DSK3SPTVN1PROD with NOTICES
Petition for Special Approval of
Interested parties are invited to BILLING CODE 4910–06–P
Alternate Standard
participate in these proceedings by
In accordance with Part 232 of Title submitting written views, data, or
49 Code of Federal Regulations (CFR), comments. FRA does not anticipate
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Document Created: 2018-02-09 13:15:22
Document Modified: 2018-02-09 13:15:22
| 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 62556 |
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