Denial of Exemption Applications; Epilepsy and Seizure Disorders |
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Larry W. Minor
Federal Motor Carrier Safety Administration
9 September 2016
[Federal Register Volume 81, Number 175 (Friday, September 9, 2016)]
[Notices]
[Pages 62554-62555]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-21717]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2015-0320]
Denial of Exemption Applications; Epilepsy and Seizure Disorders
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.
ACTION: Notice of denial.
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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: 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 December 21, 2015, FMCSA published a notice announcing receipt
of applications from 17 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 79397). The public comment
period closed on January 20, 2016, and no comments were received.
FMCSA has evaluated the eligibility of these applicants and
concluded that granting nine of the 17 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 eight
of the 17 exemptions was published on May 9, 2016 (FR 81 28134).
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 Notice FMCSA-2015-0320 published
on December 21, 2015:
Richard Bailey--Mr. Bailey has a history of a seizure disorder. His
last seizure was in 2009. He takes anti-seizure medication. He does not
meet the MEP guidelines at this time.
[[Page 62555]]
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 anti-seizure 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 anti-seizure
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 anti-seizure 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.
Issued on: August 26, 2016.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2016-21717 Filed 9-8-16; 8:45 am]
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