Denial of Exemption Applications; Epilepsy and Seizure Disorders, 62555-62556 [2016-21716]
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Federal Register / Vol. 81, No. 175 / Friday, September 9, 2016 / Notices
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 antiseizure 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 antiseizure 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 antiseizure 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.
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
[FR Doc. 2016–21717 Filed 9–8–16; 8:45 am]
You may see all the comments online
through the Federal Document
Management System (FDMS) at: https://
www.regulations.gov.
Docket: For access to the docket to
read background documents or
comments, go to https://
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 https://www.regulations.gov,
as described in the system of records
notice (DOT/ALL–14 FDMS), which can
be reviewed at https://www.dot.gov/
privacy.
BILLING CODE 4910–EX–P
II. Background
Issued on: August 26, 2016.
Larry W. Minor,
Associate Administrator for Policy.
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
asabaliauskas on DSK3SPTVN1PROD with NOTICES
[Docket No. FMCSA–2015–0117]
Denial of Exemption Applications;
Epilepsy and Seizure Disorders
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Notice of denial.
AGENCY:
FMCSA announces its
decision to deny applications from
seven individuals who requested an
exemption from the Federal Motor
SUMMARY:
VerDate Sep<11>2014
17:11 Sep 08, 2016
Jkt 238001
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
PO 00000
Frm 00086
Fmt 4703
Sfmt 4703
62555
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
E:\FR\FM\09SEN1.SGM
09SEN1
62556
Federal Register / Vol. 81, No. 175 / Friday, September 9, 2016 / Notices
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 antiseizure 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 antiseizure 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.
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
[FR Doc. 2016–21716 Filed 9–8–16; 8:45 am]
You may see all the comments online
through the Federal Document
Management System (FDMS) at: https://
www.regulations.gov.
Docket: For access to the docket to
read background documents or
comments, go to https://
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 https://www.regulations.gov,
as described in the system of records
notice (DOT/ALL–14 FDMS), which can
be reviewed at https://www.dot.gov/
privacy.
BILLING CODE 4910–EX–P
II. Background
Issued on: August 26, 2016.
Larry W. Minor,
Associate Administrator for Policy.
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
asabaliauskas on DSK3SPTVN1PROD with NOTICES
[Docket No. FMCSA–2015–0321]
Denial of Exemption Applications;
Epilepsy and Seizure Disorders
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Notice of denial.
AGENCY:
FMCSA announces its
decision to deny applications from nine
individuals who requested an
SUMMARY:
VerDate Sep<11>2014
17:11 Sep 08, 2016
Jkt 238001
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
PO 00000
Frm 00087
Fmt 4703
Sfmt 4703
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
E:\FR\FM\09SEN1.SGM
09SEN1
Agencies
[Federal Register Volume 81, Number 175 (Friday, September 9, 2016)]
[Notices]
[Pages 62555-62556]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[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: https://www.regulations.gov.
Docket: For access to the docket to read background documents or
comments, go to https://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 https://www.regulations.gov, as described in
the system of records notice (DOT/ALL-14 FDMS), which can be reviewed
at https://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