81 FR 62795 - Denial of Exemption Applications; Epilepsy and Seizure Disorders
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration Federal Register Volume 81, Issue 176 (September 12, 2016)
Federal Motor Carrier Safety Administration
Federal Register Volume 81, Issue 176 (September 12, 2016)
| Page Range | 62795-62796 | |
| FR Document | 2016-21829 |
[Federal Register Volume 81, Number 176 (Monday, September 12, 2016)] [Notices] [Pages 62795-62796] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-21829] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA-2015-0116] 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 11 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 July 13, 2015, FMCSA published a notice announcing receipt of applications from 21 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 40127). The public comment period closed on August 12, 2015, and 10 comments were received. FMCSA has evaluated the eligibility of these applicants and concluded that granting 11 of the 21 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 21 exemptions and providing a response to the 10 comments received was published on September 14, 2015 (80 FR 55170). One of the applicants in this notice withdrew his request for an exemption. 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 11 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 listed 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-2015-0116 published on July 13, 2015: Leo Arnold Burns--Mr. Burns 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. Rodney Lee Ericson--Mr. Ericson has a history of epilepsy. His last seizure was in 2010. He takes anti-seizure [[Page 62796]] medication. He does not meet the MEP guidelines at this time. Kristopher Alan Fraser--Mr. Fraser has a history of epilepsy. His last seizure was in 2007. He takes anti-seizure medication with a change in dosage in October 2015. He does not meet the MEP guidelines at this time. Todd A. Fuller--Mr. Fuller has a history of a single seizure in 2014. He takes anti-seizure medication. He does not meet the MEP guidelines at this time. Howard Pearce Hill--Mr. Hill has a history of a seizure disorder. His last seizure was in 1990. He takes anti-seizure medication with a change in medication 2015. He does not meet the MEP guidelines at this time. Victor John Martinez--Mr. Martinez has a history of epilepsy. His last seizure was in 2013. He underwent a left craniotomy and lobectomy in 2013. He takes anti-seizure medication. He does not meet the MEP guidelines at this time. Sean Michael Monroe--Mr. Monroe has a history of epilepsy. His last seizure was in 2011. He takes anti-seizure medication. He does not meet the MEP guidelines at this time. Robert H. Philley--Mr. Philley 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. David T. Pomianek, Jr.--Mr. Pomianek has a history of epilepsy. His last seizure was in 2011. He takes anti-seizure medication. He does not meet the MEP guidelines at this time. Gregory Roy Schaefer--Mr. Schaefer has a history of a single seizure in 2014. He takes anti-seizure medication. He does not meet the MEP guidelines at this time. Maciej Skrzyniarz--Mr. Skrzyniarz has a history of a single seizure 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. 2016-21829 Filed 9-9-16; 8:45 am] BILLING CODE 4910-EX-P
![Federal Register / Vol. 81, No. 176 / Monday, September 12, 2016 / Notices 62795
Charles V. Radford, Jr. (NC) Programs Division, (202) 366–4001, III. Basis for Exemption Determination
Manuel A. Samayoa (GA) fmcsamedical@dot.gov, FMCSA, Under 49 U.S.C. 31136(e) and
Malcolm D. Small (TX) Department of Transportation, 1200
Russell F. Smith (PA) 31315(b), FMCSA may grant an
New Jersey Avenue SE., Room W64– exemption from the Federal epilepsy
Trenton W. Socha (TX) 224, Washington, DC 20590–0001.
Edward D. Sprague (WI) standard for a renewable two-year
Office hours are 8:30 a.m. to 5 p.m., e.t., period if it finds ‘‘such exemption is
Carla J. Stafford (TN) Monday through Friday, except Federal
Jennifer N. Stout (TX) likely achieve a level of safety that is
holidays. If you have questions equivalent to or greater than the level
Virgil W. Sykes (WI) regarding viewing or submitting
Luis M. Torres (CT) that would be achieved absent such
material to the docket, contact Docket
Lyle D. Tunink (IA) exemption.’’
Fasitupe Tupuola (CA) Services, telephone (202) 366–9826.
The Agency’s decision regarding these
Christa VanHook (KY) SUPPLEMENTARY INFORMATION: exemption applications is based on an
Saverio Verre (NJ) I. Electronic Access individualized assessment of each
Raymond R. Webker (OH) applicant’s medical information,
James A. Wiggins (OK) You may see all the comments online
including the root cause of the
Reed R. Wilken (IL) through the Federal Document
Management System (FDMS) at: http:// respective seizure(s) and medical
Abraham K. Yohannan (NY) information about the applicant’s
In accordance with 49 U.S.C. 31136(e) www.regulations.gov.
Docket: For access to the docket to seizure history, the length of time that
and 31315 each exemption is valid for has elapsed since the individual’s last
two years unless revoked earlier by read background documents or
comments, go to http:// seizure, the stability of each individual’s
FMCSA. The exemption will be revoked treatment regimen and the duration of
if the following occurs: (1) The person www.regulations.gov and/or Room
W12–140 on the ground level of the time on or off of anti-seizure
fails to comply with the terms and medication. The Agency considered the
West Building, 1200 New Jersey Avenue
conditions of the exemption; (2) the 2007 recommendations of the Agency’s
SE., Washington, DC, between 9 a.m.
exemption has resulted in a lower level Medical Expert Panel (MEP). The
and 5 p.m., Monday through Friday,
of safety than was maintained before it January 15, 2013 Federal Register notice
except Federal holidays.
was granted; or (3) continuation of the Privacy Act: In accordance with 5 (78 FR 3069) provides the current MEP
exemption would not be consistent with U.S.C. 553(c), DOT solicits comments recommendations which is the criteria
the goals and objectives of 49 U.S.C. from the public to better inform its the Agency uses to make decisions
31136(e) and 31315. If the exemption is rulemaking process. DOT posts these regarding seizure exemptions.
still effective at the end of the 2-year comments, without edit, including any
period, the person may apply to FMCSA IV. Conclusion
personal information the commenter
for a renewal under procedures in effect provides, to http://www.regulations.gov, The Agency has determined that these
at that time. as described in the system of records 11 applicants do not satisfy the criteria
Issued on: August 25, 2016. notice (DOT/ALL–14 FDMS), which can eligibility or meet the terms and
Larry W. Minor, be reviewed at http://www.dot.gov/ conditions for a Federal exemption and
Associate Administrator for Policy. privacy. granting these exemptions would not
provide a level of safety that would be
[FR Doc. 2016–21828 Filed 9–9–16; 8:45 am] II. Background equivalent to or greater than, the level
BILLING CODE 4910–EX–P
On July 13, 2015, FMCSA published of safety that would be obtained by
a notice announcing receipt of complying with the regulation 49 CFR
DEPARTMENT OF TRANSPORTATION applications from 21 individuals 391.41(b)(8). Therefore, the applicants
requesting an exemption from the listed in this notice have been denied an
Federal Motor Carrier Safety prohibition against persons with a exemption from the physical
Administration clinical diagnosis of epilepsy or any qualification standards in 49 CFR
other condition that is likely to cause a 391.41(b)(8).
[Docket No. FMCSA–2015–0116] loss of consciousness or any loss of Each applicant has, prior to this
ability to operate a CMV in interstate notice, received a letter of final
Denial of Exemption Applications;
commerce and requested comments disposition regarding his/her exemption
Epilepsy and Seizure Disorders
from the public (80 FR 40127). The request. Those decision letters fully
AGENCY: Federal Motor Carrier Safety public comment period closed on outlined the basis for the denial and
Administration (FMCSA), DOT. August 12, 2015, and 10 comments were constitutes final action by the Agency.
ACTION: Notice of denial. received. This notice summarizes the Agency’s
FMCSA has evaluated the eligibility recent denials as required under 49
SUMMARY: FMCSA announces its of these applicants and concluded that U.S.C. 31315(b)(4) by periodically
decision to deny applications from 11 granting 11 of the 21 exemptions would publishing names and reasons for
individuals who requested an not provide a level of safety that would denial. The following drivers were
exemption from the Federal Motor be equivalent to or greater than, the listed previously in Federal Register
Carrier Safety Regulations (FMCSRs) level of safety that would be obtained by Notice FMCSA–2015–0116 published
prohibiting persons with a clinical complying with the regulation 49 CFR on July 13, 2015:
diagnosis of epilepsy or any other 391.41(b)(8). A final notice announcing Leo Arnold Burns—Mr. Burns has a
sradovich on DSK3GMQ082PROD with NOTICES
condition that is likely to cause a loss the decision to grant nine of 21 history of a seizure disorder. His last
of consciousness or any loss of ability to exemptions and providing a response to seizure was in 2010. He takes anti-
operate a commercial motor vehicle the 10 comments received was seizure medication. He does not meet
(CMV) from operating CMVs in published on September 14, 2015 (80 FR the MEP guidelines at this time.
interstate commerce. 55170). One of the applicants in this Rodney Lee Ericson—Mr. Ericson has
FOR FURTHER INFORMATION CONTACT: notice withdrew his request for an a history of epilepsy. His last seizure
Christine A. Hydock, Chief, Medical exemption. was in 2010. He takes anti-seizure
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![62796 Federal Register / Vol. 81, No. 176 / Monday, September 12, 2016 / Notices
medication. He does not meet the MEP DEPARTMENT OF TRANSPORTATION Instructions: You should identify the
guidelines at this time. docket number for the special permit
Kristopher Alan Fraser—Mr. Fraser PHMSA–2007–0038, ConocoPhillips request you are commenting on at the
has a history of epilepsy. His last Alaska, Inc.; PHMSA–2016–0072, beginning of your comments. If you
seizure was in 2007. He takes anti- Magellan Midstream Partners, L.P.; submit your comments by mail, please
seizure medication with a change in PHMSA–2016–0073, New Fortress submit two copies. To receive
dosage in October 2015. He does not Energy-Tico Development Partners, confirmation that PHMSA has received
meet the MEP guidelines at this time. LLC; Pipeline Safety: Requests for your comments, please include a self-
Todd A. Fuller—Mr. Fuller has a Special Permit addressed stamped postcard. Internet
history of a single seizure in 2014. He users may submit comments at http://
takes anti-seizure medication. He does AGENCY: Pipeline and Hazardous
Materials Safety Administration www.Regulations.gov.
not meet the MEP guidelines at this
time. (PHMSA). Note: Comments are posted without
Howard Pearce Hill—Mr. Hill has a ACTION: Notice. changes or edits to http://
history of a seizure disorder. His last www.Regulations.gov, including any
SUMMARY: Pursuant to the Federal personal information provided. There is
seizure was in 1990. He takes anti- pipeline safety laws, PHMSA is
seizure medication with a change in a privacy statement published on http://
publishing this notice of three special www.Regulations.gov.
medication 2015. He does not meet the permit requests we received from
MEP guidelines at this time. pipeline operators, seeking relief from FOR FURTHER INFORMATION CONTACT:
Victor John Martinez—Mr. Martinez
compliance with certain requirements General: Ms. Kay McIver by telephone
has a history of epilepsy. His last
in the Federal pipeline safety at 202–366–0113, or email at
seizure was in 2013. He underwent a
regulations. This notice seeks public kay.mciver@dot.gov.
left craniotomy and lobectomy in 2013.
comments on the requests, including
He takes anti-seizure medication. He Technical: Mr. Steve Nanney by
comments on any safety or
does not meet the MEP guidelines at telephone at 713–628–7479, or email at
environmental impacts. At the
this time. Steve.Nanney@dot.gov.
Sean Michael Monroe—Mr. Monroe conclusion of the 30-day comment
has a history of epilepsy. His last period, PHMSA will evaluate the SUPPLEMENTARY INFORMATION: PHMSA
seizure was in 2011. He takes anti- requests and determine whether to grant has received three special permit
seizure medication. He does not meet or deny the special permits. requests from pipeline operators seeking
the MEP guidelines at this time. DATES: Submit any comments regarding relief from compliance with certain
Robert H. Philley—Mr. Philley has a these special permit requests by October Federal pipeline safety regulations. The
history of a seizure disorder. His last 12, 2016. requests include a technical analysis
seizure was in 2013. He takes anti- ADDRESSES: Comments should reference provided by the operator and has been
seizure medication. He does not meet the docket number for the specific filed at www.Regulations.gov under the
the MEP guidelines at this time. special permit request and may be assigned docket number. We invite
David T. Pomianek, Jr.—Mr. submitted in the following ways: interested persons to participate by
Pomianek has a history of epilepsy. His • E-Gov Web site: http:// reviewing these special permit requests
last seizure was in 2011. He takes anti- www.Regulations.gov. This site allows at http://www.Regulations.gov, and by
seizure medication. He does not meet the public to enter comments on any submitting written comments, data or
the MEP guidelines at this time. Federal Register notice issued by any other views. Please include any
Gregory Roy Schaefer—Mr. Schaefer agency. comments on potential environmental
has a history of a single seizure in 2014. • Fax: 1–202–493–2251. impacts that may result if these special
He takes anti-seizure medication. He • Mail: Docket Management System: permits are granted.
does not meet the MEP guidelines at U.S. Department of Transportation,
Before acting on these special permit
this time. Docket Operations, M–30, West
requests, PHMSA will evaluate all
Maciej Skrzyniarz—Mr. Skrzyniarz Building Ground Floor, Room W12–140,
comments received on or before the
has a history of a single seizure in 2014. 1200 New Jersey Avenue SE.,
comment closing date. Comments will
He takes anti-seizure medication. He Washington, DC 20590.
• Hand Delivery: Docket Management be evaluated after this date if it is
does not meet the MEP guidelines at possible to do so without incurring
this time. System: U.S. Department of
Transportation, Docket Operations, M– additional expense or delay. PHMSA
Issued on: August 26, 2016. 30, West Building Ground Floor, Room will consider each relevant comment we
Larry W. Minor, W12–140, 1200 New Jersey Avenue SE., receive in making our decision to grant
Associate Administrator for Policy. Washington, DC 20590, between 9:00 or deny a request.
[FR Doc. 2016–21829 Filed 9–9–16; 8:45 am] a.m. and 5:00 p.m., Monday through PHMSA has received the following
BILLING CODE 4910–EX–P Friday, except Federal holidays. special permit requests:
Docket No. Requester Regulation(s) Nature of special permit
PHMSA–2007– ConocoPhillips Alaska Inc. 49 CFR 192.481 and 195.583 To authorize ConocoPhillips Alaska Inc (CPAI), in its capac-
0038. (CPAI). ity as Operator of the Kuparuk Transportation Company
sradovich on DSK3GMQ082PROD with NOTICES
and the Oliktok Pipeline Company, to meet its obligations
under the regulations to monitor atmospheric corrosion on
above ground pipelines.
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Document Created: 2016-09-10 00:56:33
Document Modified: 2016-09-10 00:56:33
| 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 62795 |
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