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