Denial of Exemption Applications; Epilepsy and Seizure Disorders, 62552-62553 [2016-21718]

Download as PDF 62552 Federal Register / Vol. 81, No. 175 / Friday, September 9, 2016 / Notices II. Background FMCSA received applications from 18 individuals who requested an exemption from the 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 CMV from operating CMVs in interstate commerce. FMCSA has evaluated the eligibility of these applicants and concluded that 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). III. Basis for Exemption Determination Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption for two years if it finds ‘‘such an exemption would likely achieve a level of safety that is equivalent to, or greater than, the level that would be achieved absent such an exemption.’’ The Agency’s decision regarding these exemption applications is based on the eligibility criteria, the terms and conditions for Federal exemptions, and an individualized assessment of each applicant’s medical information provided by the applicant. asabaliauskas on DSK3SPTVN1PROD with NOTICES IV. Conclusion The Agency has determined that these 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 18 applicants in this notice have been denied exemptions 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 17 applicants do not meet the minimum time requirement for being seizure-free, either on or off of anti-seizure medication: Timothy Arthur (TX) Thomas Fish (NY) Richard Fryman (MN) VerDate Sep<11>2014 17:11 Sep 08, 2016 Jkt 238001 David Harrell (MD) Patrick Hahn (WI) Allan Jones (NY) Angela Kalik (CA) Douglas Kelbley (OH) Richard Koewacich (OH) Brent Krock (PA) Donald Kuritz (MO) Ryan Lewis (CA) Donna Nardi (NJ) Harold Seaton (KY) Eric Smits (WI) Scott Tucker (KY) Jammian Weaver (MO) The following applicant is a citizen of Canada: Michael Murchison Issued on: August 26, 2016. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2016–21715 Filed 9–8–16; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA–2015–0118] 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 three 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: SUMMARY: I. Electronic Access You may see all the comments online through the Federal Document Management System (FDMS) at: http:// www.regulations.gov. PO 00000 Frm 00083 Fmt 4703 Sfmt 4703 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 September 21, 2015, FMCSA published a notice announcing receipt of applications from eight 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 57036). The public comment period closed on October 21, 2015, and 13 comments were received. FMCSA has evaluated the eligibility of these applicants and concluded that granting three of the eight 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 eight exemptions and providing a response to the 13 comments received was published on May 26, 2016 (FR 81 33577). 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 E:\FR\FM\09SEN1.SGM 09SEN1 Federal Register / Vol. 81, No. 175 / Friday, September 9, 2016 / Notices 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. asabaliauskas on DSK3SPTVN1PROD with NOTICES IV. Conclusion Issued on: August 26, 2016. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2016–21718 Filed 9–8–16; 8:45 am] BILLING CODE 4910–EX–P 17:11 Sep 08, 2016 Federal Motor Carrier Safety Administration [Docket No. FMCSA–2015–0119] 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 four 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: SUMMARY: The Agency has determined that these three 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 Notice FMCSA–2015–0118 published on September 21, 2015: Ricky B. Alegre—Mr. Alegre has a history of a single provoked seizure in 2014. He takes anti-seizure medication. He does not meet the MEP guidelines at this time. Michael Todd Hill—Mr. Hill has a history of a seizure disorder. His last seizure was in 2013. He takes antiseizure medication. He does not meet the MEP guidelines at this time. Billy Ray Hunter—Mr. Hunter 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. VerDate Sep<11>2014 DEPARTMENT OF TRANSPORTATION 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 November 12, 2015, FMCSA published a notice announcing receipt Jkt 238001 PO 00000 Frm 00084 Fmt 4703 Sfmt 4703 62553 of applications from 13 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 70065). The public comment period closed on December 14, 2015, and seven comments were received. FMCSA has evaluated the eligibility of these applicants and concluded that granting four of the 13 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 the 13 exemptions and providing a response to the seven comments received was published on May 9, 2016 (FR 80 28130). 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 four 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 E:\FR\FM\09SEN1.SGM 09SEN1

Agencies

[Federal Register Volume 81, Number 175 (Friday, September 9, 2016)]
[Notices]
[Pages 62552-62553]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-21718]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2015-0118]


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 three 
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 September 21, 2015, FMCSA published a notice announcing receipt 
of applications from eight 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 57036). The public comment 
period closed on October 21, 2015, and 13 comments were received.
    FMCSA has evaluated the eligibility of these applicants and 
concluded that granting three of the eight 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 eight exemptions and providing a response to the 13 
comments received was published on May 26, 2016 (FR 81 33577).

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

[[Page 62553]]

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 three 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 Notice FMCSA-2015-0118 published 
on September 21, 2015:
    Ricky B. Alegre--Mr. Alegre has a history of a single provoked 
seizure in 2014. He takes anti-seizure medication. He does not meet the 
MEP guidelines at this time.
    Michael Todd Hill--Mr. Hill 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.
    Billy Ray Hunter--Mr. Hunter has a history of a seizure disorder. 
His last seizure was in 2012. 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. 2016-21718 Filed 9-8-16; 8:45 am]
 BILLING CODE 4910-EX-P