81 FR 67424 - Denial of Exemption Applications; Epilepsy and Seizure Disorders

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration

Federal Register Volume 81, Issue 190 (September 30, 2016)

Page Range		67424-67425
FR Document		2016-23651

FMCSA announces its decision to deny applications from 10 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 190 (Friday, September 30, 2016)

[Federal Register Volume 81, Number 190 (Friday, September 30, 2016)]
[Notices]
[Pages 67424-67425]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-23651]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2015-0322]


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 10 
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: Ms. 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 May 9, 2016, FMCSA published a notice announcing receipt of 
applications from 27 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 28131). The public comment 
period closed on June 8, 2016, and three comments were received. One 
commenter supports granting seizure exemptions in general. One 
commenter expressed concern for the risk of seizure while driving and 
the Minnesota Department of Public Safety expressed support for three 
of the applicants and concern about health issues and the driving 
record of an applicant Shaen Smith. In response to this comment, Mr. 
Smith has been seizure-free over 18 years and meets the physical 
qualification standards to drive commercially. His five-year driving 
record includes no violations or accidents and the Agency has reviewed 
his ten-year driving history and concludes that he meets the requisite 
level of safety to drive commercially within the terms and conditions 
of his exemption.
    FMCSA has evaluated the eligibility of these applicants and 
concluded that granting 10 of the 27 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 
17 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

[[Page 67425]]

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 10 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 publishing names 
periodically and reasons for denial. The following 10 applicants do not 
meet the minimum time requirement for being seizure-free, either on or 
off of anti-seizure medication:

William E. Beaver
Paul V. Carlson
Tommy Joe Cox
William Garvin
Jeremiah Gonzales
Roderick Haslip
Doug William Outfleet
David J. Parris
Shawn E. Sands
Robert B. Skinner

    Issued on: September 22, 2016.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2016-23651 Filed 9-29-16; 8:45 am]
 BILLING CODE 4910-EX-P

67424 Federal Register / Vol. 81, No. 190 / Friday, September 30, 2016 / Notices

their treating physicians attesting to the Issued on: September 23, 2016. notice (DOT/ALL–14 FDMS), which can
stability of treatment and that the driver Larry W. Minor, be reviewed at http://www.dot.gov/
has remained seizure-free; (3) each Associate Administrator for Policy. privacy.
driver must undergo an annual medical [FR Doc. 2016–23653 Filed 9–29–16; 8:45 am] II. Background
examination by a certified Medical BILLING CODE 4910–EX–P
Examiner, as defined by 49 CFR 390.5; On May 9, 2016, FMCSA published a
and (4) each driver must provide a copy notice announcing receipt of
of the annual medical certification to DEPARTMENT OF TRANSPORTATION applications from 27 individuals
the employer for retention in the requesting an exemption from the
driver’s qualification file, or keep a copy Federal Motor Carrier Safety prohibition against persons with a
of his/her driver’s qualification file if Administration clinical diagnosis of epilepsy or any
he/she is self-employed. The driver other condition that is likely to cause a
[Docket No. FMCSA–2015–0322]
must also have a copy of the exemption loss of consciousness or any loss of
when driving, for presentation to a duly Denial of Exemption Applications; ability to operate a CMV in interstate
authorized Federal, State, or local Epilepsy and Seizure Disorders commerce and requested comments
enforcement official. from the public (81 FR 28131). The
AGENCY: Federal Motor Carrier Safety public comment period closed on June
V. Preemption Administration (FMCSA), DOT. 8, 2016, and three comments were
During the period the exemption is in ACTION: Notice of denial. received. One commenter supports
effect, no State shall enforce any law or granting seizure exemptions in general.
SUMMARY: FMCSA announces its One commenter expressed concern for
regulation that conflicts with this decision to deny applications from 10
exemption with respect to a person the risk of seizure while driving and the
individuals who requested an Minnesota Department of Public Safety
operating under the exemption. exemption from the Federal Motor expressed support for three of the
VI. Conclusion Carrier Safety Regulations (FMCSRs) applicants and concern about health
prohibiting persons with a clinical issues and the driving record of an
Based upon its evaluation of the 22 diagnosis of epilepsy or any other
exemption applications, FMCSA applicant Shaen Smith. In response to
condition that is likely to cause a loss this comment, Mr. Smith has been
exempts the following drivers from the of consciousness or any loss of ability to
epilepsy/seizure standard, 49 CFR seizure-free over 18 years and meets the
operate a commercial motor vehicle physical qualification standards to drive
391.41(b)(8), subject to the requirements (CMV) from operating CMVs in
cited above: commercially. His five-year driving
interstate commerce. record includes no violations or
Travis Earl Baird (OK) FOR FURTHER INFORMATION CONTACT: Ms. accidents and the Agency has reviewed
Robert P. Brackett (ME) Christine A. Hydock, Chief, Medical his ten-year driving history and
Brian R. Checkley, Jr. (NJ) Programs Division, (202) 366–4001, concludes that he meets the requisite
James Clark (PA) fmcsamedical@dot.gov, FMCSA, level of safety to drive commercially
Kelly Frederick (LA) Department of Transportation, 1200 within the terms and conditions of his
William Gessner (PA) New Jersey Avenue SE., Room W64– exemption.
Jerry L. Henderson (IN) 224, Washington, DC 20590–0001. FMCSA has evaluated the eligibility
Clarence D. Jones (VA) Office hours are 8:30 a.m. to 5 p.m., e.t., of these applicants and concluded that
Preston Romayne Kanagy (TN) Monday through Friday, except Federal granting 10 of the 27 exemptions would
holidays. If you have questions not provide a level of safety that would
James Randall King (CT)
regarding viewing or submitting be equivalent to or greater than the level
Scott A. Lowe (MA) material to the docket, contact Docket of safety that would be obtained by
Roger Lynn Neal (MO) Services, telephone (202) 366–9826. complying with the regulation 49 CFR
Thomas Victor Oconnor (FL) SUPPLEMENTARY INFORMATION: 391.41(b)(8). A final notice announcing
Scott William Reaves (TX) a decision on the remaining 17 requests
Steven Shirley (UT) I. Electronic Access will be published at a later date.
Matthew Jack Staley (CO) You may see all the comments online
through the Federal Document III. Basis for Exemption Determination
Michael A. Sypolt (WV)
Peter M. Thompson (FL) Management System (FDMS) at: http:// Under 49 U.S.C. 31136(e) and
Mohammad S. Warrad (IA) www.regulations.gov. 31315(b), FMCSA may grant an
Docket: For access to the docket to exemption from the Federal epilepsy
Richard James Wenner (MN)
read background documents or standard for a renewable two-year
John Charles Wolfe (PA) comments, go to http:// period if it finds ‘‘such exemption is
Dennis Raymond Zayic (MN) www.regulations.gov and/or Room likely achieve a level of safety that is
In accordance with 49 U.S.C. W12–140 on the ground level of the equivalent to or greater than the level
31315(b)(1), each exemption is valid for West Building, 1200 New Jersey Avenue that would be achieved absent such
two years unless revoked earlier by SE., Washington, DC, between 9 a.m. exemption.’’
FMCSA. The exemption will be revoked and 5 p.m., Monday through Friday, The Agency’s decision regarding these
if the following occurs: (1) The except Federal holidays. exemption applications is based on an
individual fails to comply with the Privacy Act: In accordance with 5 individualized assessment of each
mstockstill on DSK3G9T082PROD with NOTICES

terms and conditions of the exemption; U.S.C. 553(c), DOT solicits comments applicant’s medical information,
(2) the exemption has resulted in a from the public to better inform its including the root cause of the
lower level of safety than was rulemaking process. DOT posts these respective seizure(s) and medical
maintained prior to being granted; or (3) comments, without edit, including any information about the applicant’s
continuation of the exemption would personal information the commenter seizure history, the length of time that
not be consistent with the goals and provides, to http://www.regulations.gov, has elapsed since the individual’s last
objectives of 49 U.S.C. 31136 and 31315. as described in the system of records seizure, the stability of each individual’s

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Federal Register / Vol. 81, No. 190 / Friday, September 30, 2016 / Notices 67425

treatment regimen and the duration of ACTION:Notice of applications for personal information the commenter
time on or off of anti-seizure exemptions; request for comments. provides, to www.regulations.gov, as
medication. The Agency considered the described in the system of records
2007 recommendations of the Agency’s SUMMARY: FMCSA announces receipt of notice (DOT/ALL–14 FDMS), which can
Medical Expert Panel (MEP). The applications from 39 individuals for be reviewed at www.dot.gov/privacy.
January 15, 2013, Federal Register exemption from the prohibition against FOR FURTHER INFORMATION CONTACT: Ms.
notice (78 FR 3069) provides the current persons with insulin-treated diabetes Christine A. Hydock, Chief, Medical
MEP recommendations which is the mellitus (ITDM) operating commercial Programs Division, (202) 366–4001,
criteria the Agency uses to make motor vehicles (CMVs) in interstate fmcsamedical@dot.gov, FMCSA,
decisions regarding seizure exemptions. commerce. If granted, the exemptions Department of Transportation, 1200
would enable these individuals with New Jersey Avenue SE., Room W64–
IV. Conclusion ITDM to operate CMVs in interstate 113, Washington, DC 20590–0001.
The Agency has determined that these commerce. Office hours are 8:30 a.m. to 5 p.m., e.t.,
10 applicants do not satisfy the criteria DATES: Comments must be received on Monday through Friday, except Federal
eligibility or meet the terms and or before October 31, 2016. holidays.
conditions for a Federal exemption and ADDRESSES: You may submit comments SUPPLEMENTARY INFORMATION:
granting these exemptions would not bearing the Federal Docket Management
provide a level of safety that would be I. Background
System (FDMS) Docket No. FMCSA–
equivalent to or greater than, the level 2016–0221 using any of the following Under 49 U.S.C. 31136(e) and 31315,
of safety that would be obtained by methods: FMCSA may grant an exemption from
complying with the regulation 49 CFR • Federal eRulemaking Portal: Go to the Federal Motor Carrier Safety
391.41(b)(8). Therefore, the applicants http://www.regulations.gov. Follow the Regulations for a 2-year period if it finds
in this notice have been denied an on-line instructions for submitting ‘‘such exemption would likely achieve a
exemption from the physical comments. level of safety that is equivalent to or
qualification standards in 49 CFR • Mail: Docket Management Facility; greater than the level that would be
391.41(b)(8). U.S. Department of Transportation, 1200 achieved absent such exemption.’’ The
Each applicant has, prior to this New Jersey Avenue SE., West Building statute also allows the Agency to renew
notice, received a letter of final Ground Floor, Room W12–140, exemptions at the end of the 2-year
disposition regarding his/her exemption Washington, DC 20590–0001. period. The 39 individuals listed in this
request. Those decision letters fully • Hand Delivery: West Building notice have recently requested such an
outlined the basis for the denial and Ground Floor, Room W12–140, 1200 exemption from the diabetes prohibition
constitutes final action by the Agency. New Jersey Avenue SE., Washington, in 49 CFR 391.41(b)(3), which applies to
This notice summarizes the Agency’s DC, between 9 a.m. and 5 p.m., Monday drivers of CMVs in interstate commerce.
recent denials as required under 49 through Friday, except Federal Accordingly, the Agency will evaluate
U.S.C. 31315(b)(4) by publishing names Holidays. the qualifications of each applicant to
periodically and reasons for denial. The • Fax: 1–202–493–2251. determine whether granting the
following 10 applicants do not meet the Instructions: Each submission must exemption will achieve the required
minimum time requirement for being include the Agency name and the level of safety mandated by statute.
seizure-free, either on or off of anti- docket numbers for this notice. Note
seizure medication: II. Qualifications of Applicants
that all comments received will be
William E. Beaver posted without change to http:// Thomas A. Alcon
Paul V. Carlson www.regulations.gov, including any Mr. Alcon, 32, has had ITDM since
Tommy Joe Cox personal information provided. Please 2016. His endocrinologist examined him
William Garvin see the Privacy Act heading below for in 2016 and certified that he has had no
Jeremiah Gonzales further information. severe hypoglycemic reactions resulting
Roderick Haslip Docket: For access to the docket to in loss of consciousness, requiring the
Doug William Outfleet read background documents or assistance of another person, or
David J. Parris comments, go to http:// resulting in impaired cognitive function
Shawn E. Sands www.regulations.gov at any time or that occurred without warning in the
Robert B. Skinner Room W12–140 on the ground level of past 12 months and no recurrent (2 or
Issued on: September 22, 2016. the West Building, 1200 New Jersey more) severe hypoglycemic episodes in
Larry W. Minor, Avenue SE., Washington, DC, between 9 the last 5 years. His endocrinologist
Associate Administrator for Policy. a.m. and 5 p.m., Monday through certifies that Mr. Alcon understands
[FR Doc. 2016–23651 Filed 9–29–16; 8:45 am]
Friday, except Federal holidays. The diabetes management and monitoring,
Federal Docket Management System has stable control of his diabetes using
BILLING CODE 4910–EX–P
(FDMS) is available 24 hours each day, insulin, and is able to drive a CMV
365 days each year. If you want safely. Mr. Alcon meets the
DEPARTMENT OF TRANSPORTATION acknowledgment that we received your requirements of the vision standard at
comments, please include a self- 49 CFR 391.41(b)(10). His optometrist
Federal Motor Carrier Safety addressed, stamped envelope or examined him in 2016 and certified that
postcard or print the acknowledgement
mstockstill on DSK3G9T082PROD with NOTICES

Administration he does not have diabetic retinopathy.
page that appears after submitting He holds a Class A CDL from New
[Docket No. FMCSA–2016–0221]
comments on-line. Mexico.
Qualification of Drivers; Exemption Privacy Act: In accordance with 5
U.S.C. 553(c), DOT solicits comments John K. Bottkol
Applications; Diabetes Mellitus
from the public to better inform its Mr. Bottkol, 51, has had ITDM since
AGENCY:Federal Motor Carrier Safety rulemaking process. DOT posts these 2014. His endocrinologist examined him
Administration (FMCSA). comments, without edit, including any in 2016 and certified that he has had no

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Document Created: 2018-02-09 13:33:48
Document Modified: 2018-02-09 13:33:48

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		Ms. 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 67424

81 FR 67424 - Denial of Exemption Applications; Epilepsy and Seizure Disorders

DEPARTMENT OF TRANSPORTATIONFederal Motor Carrier Safety Administration

Federal Register Volume 81, Issue 190 (September 30, 2016)

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration