Denial of Exemption Applications; Epilepsy and Seizure Disorders, 62556-62557 [2016-21719]
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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
Federal Register / Vol. 81, No. 175 / Friday, September 9, 2016 / Notices
Notice FMCSA–2015–0321 published
on March 9, 2016:
George J. Conte—Mr. Conte 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.
Dean W. Drury—Mr. Drury has a
history of seizure following surgery in
February 2015. He currently takes antiseizure medication. He does not meet
the MEP guidelines at this time.
Ronald Alan Nagy, Jr—Mr. Nagy
underwent a craniotomy for resection of
an astrocytoma in June 2015. He takes
anti-seizure medication. He does not
meet the MEP guidelines at this time.
Nicholas Ramirez—Mr. Ramirez has a
history of a seizure disorder. His last
seizure was in 2010. He takes antiseizure medication. He does not meet
the MEP guidelines at this time.
Tory J. Shuler—Mr. Shuler has a
history of seizure. His last seizure was
in 2012. He takes anti-seizure
medication. He does not meet the MEP
guidelines at this time.
Randall T. Slavik—Mr. Slavik has a
history of a single seizure in 2015. He
takes anti-seizure medication. He not
meet the MEP guidelines at this time.
Michael Spinelli, IV—Mr. Spinelli has
a history of seizure. His last seizure was
in 2015. He takes anti-seizure
medication. He does not meet the MEP
guidelines at this time.
Daisy Tapia—Ms. Tapia has a history
of a single seizure in 2012 followed by
a resection of a benign meningioma. She
takes anti-seizure medication. She does
not meet the MEP guidelines at this
time.
Paul Richard Trombley—Mr.
Trombley has a history of a seizure
disorder. His last seizure was 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. 2016–21719 Filed 9–8–16; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
asabaliauskas on DSK3SPTVN1PROD with NOTICES
[Docket Number FRA–2015–0106]
Petition for Special Approval of
Alternate Standard
In accordance with Part 232 of Title
49 Code of Federal Regulations (CFR),
VerDate Sep<11>2014
17:11 Sep 08, 2016
Jkt 238001
this document provides the public
notice that by a document dated
September 17, 2015, the National
Railroad Passenger Corporation
(Amtrak) has requested a Special
Approval of an alternate standard for 49
CFR 238.311(a)—Single car test, as
prescribed in 49 CFR 238.21(b)—Special
approval procedure. FRA assigned the
request Docket Number FRA–2015–
0106.
Amtrak requests permission to
continue to maintain and test the 9600
series cab coach car CCB II brake
systems under the requirements of 49
CFR 229.29 as an alternative
maintenance procedure that provides
equivalent safety to the standard in
APTA–PR–M–S–005–98 Rev 2.1
outlined in 49 CFR 238.311.
Amtrak’s fleet of 9600 series cab
coach cars was originally equipped with
a 26–C (car) type of brake system along
with additional 26–L (locomotive) style
of control valves in the cab, to control
the brake system when in push/pull
service. Amtrak previously maintained
and tested the 26–C style of valves per
49 CFR 238.309 and the 26–L style of
valves per 49 CFR 229.29, along with
the requirement of FRA Form F6180–
49A (‘‘Blue Card’’) to be located in the
cab. The main reservoir leakage tests
and the brake cylinder leakage tests
were conducted per APTA–PR–M–S–
005–98 Rev 2.1.
The cab cars are presently equipped
with New York Air Brake’s CCB II brake
system designed for locomotives and are
being maintained and tested under the
requirements of 49 CFR 229.29. The
main reservoir leakage test and the
brake cylinder leakage test continue to
be tested per APTA–PR–M–S–005–98
Rev 2.1. The 92-day and annual test
procedures for these CCB II-equipped
cab cars are found in documents
submitted to the public docket.
Copies of these documents and the
petition, as well as any written
communications concerning the
petition, are available for review online
at www.regulations.gov and in person at
the U.S. Department of Transportation’s
(DOT) Docket Operations Facility, 1200
New Jersey Avenue SE., W12–140,
Washington, DC 20590. The Docket
Operations Facility is open from 9 a.m.
to 5 p.m., Monday through Friday,
except Federal Holidays.
Interested parties are invited to
participate in these proceedings by
submitting written views, data, or
comments. FRA does not anticipate
PO 00000
Frm 00088
Fmt 4703
Sfmt 9990
62557
scheduling a public hearing in
connection with these proceedings since
the facts do not appear to warrant a
hearing. If any interested party desires
an opportunity for oral comment, they
should notify FRA, in writing, before
the end of the comment period and
specify the basis for their request.
All communications concerning these
proceedings should identify the
appropriate docket number and may be
submitted by any of the following
methods:
• Web site: https://
www.regulations.gov. Follow the online
instructions for submitting comments.
• Fax: 202–493–2251.
• Mail: Docket Operations Facility,
U.S. Department of Transportation, 1200
New Jersey Avenue SE., W12–140,
Washington, DC 20590.
• Hand Delivery: 1200 New Jersey
Avenue SE., Room W12–140,
Washington, DC 20590, between 9 a.m.
and 5 p.m., Monday through Friday,
except Federal Holidays.
Communications received by October
11, 2016 will be considered by FRA
before final action is taken. Comments
received after that date will be
considered as far as practicable.
Anyone is able to search the
electronic form of any written
communications and comments
received into any of our dockets by the
name of the individual submitting the
comment (or signing the document, if
submitted on behalf of an association,
business, labor union, etc.). In
accordance with 5 U.S.C. 553(c), DOT
solicits comments from the public to
better inform its processes. DOT posts
these comments, without edit, including
any personal information the
commenter provides, to
www.regulations.gov, as described in
the system of records notice (DOT/ALL–
14 FDMS), which can be reviewed at
www.dot.gov/privacy. See also https://
www.regulations.gov/#!privacyNotice
for the privacy notice of regulations.gov.
Robert C. Lauby,
Associate Administrator for Safety, Chief
Safety Officer.
[FR Doc. 2016–21762 Filed 9–8–16; 8:45 am]
BILLING CODE 4910–06–P
E:\FR\FM\09SEN1.SGM
09SEN1
Agencies
[Federal Register Volume 81, Number 175 (Friday, September 9, 2016)]
[Notices]
[Pages 62556-62557]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-21719]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2015-0321]
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 nine
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 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 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
[[Page 62557]]
Notice FMCSA-2015-0321 published on March 9, 2016:
George J. Conte--Mr. Conte 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.
Dean W. Drury--Mr. Drury has a history of seizure following surgery
in February 2015. He currently takes anti-seizure medication. He does
not meet the MEP guidelines at this time.
Ronald Alan Nagy, Jr--Mr. Nagy underwent a craniotomy for resection
of an astrocytoma in June 2015. He takes anti-seizure medication. He
does not meet the MEP guidelines at this time.
Nicholas Ramirez--Mr. Ramirez 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.
Tory J. Shuler--Mr. Shuler has a history of seizure. His last
seizure was in 2012. He takes anti-seizure medication. He does not meet
the MEP guidelines at this time.
Randall T. Slavik--Mr. Slavik has a history of a single seizure in
2015. He takes anti-seizure medication. He not meet the MEP guidelines
at this time.
Michael Spinelli, IV--Mr. Spinelli has a history of seizure. His
last seizure was in 2015. He takes anti-seizure medication. He does not
meet the MEP guidelines at this time.
Daisy Tapia--Ms. Tapia has a history of a single seizure in 2012
followed by a resection of a benign meningioma. She takes anti-seizure
medication. She does not meet the MEP guidelines at this time.
Paul Richard Trombley--Mr. Trombley has a history of a seizure
disorder. His last seizure was 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. 2016-21719 Filed 9-8-16; 8:45 am]
BILLING CODE 4910-EX-P