Denial of Exemption Applications; Epilepsy and Seizure Disorders

Larry W. Minor
Federal Motor Carrier Safety Administration
30 September 2016

[Federal Register Volume 81, Number 190 (Friday, September 30, 2016)]
[Notices]
[Pages 67424-67425]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-23651]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2015-0322]


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 10 
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: Ms. 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 May 9, 2016, FMCSA published a notice announcing receipt of 
applications from 27 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 28131). The public comment 
period closed on June 8, 2016, and three comments were received. One 
commenter supports granting seizure exemptions in general. One 
commenter expressed concern for the risk of seizure while driving and 
the Minnesota Department of Public Safety expressed support for three 
of the applicants and concern about health issues and the driving 
record of an applicant Shaen Smith. In response to this comment, Mr. 
Smith has been seizure-free over 18 years and meets the physical 
qualification standards to drive commercially. His five-year driving 
record includes no violations or accidents and the Agency has reviewed 
his ten-year driving history and concludes that he meets the requisite 
level of safety to drive commercially within the terms and conditions 
of his exemption.
    FMCSA has evaluated the eligibility of these applicants and 
concluded that granting 10 of the 27 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 
17 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

[[Page 67425]]

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 10 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 publishing names 
periodically and reasons for denial. The following 10 applicants do not 
meet the minimum time requirement for being seizure-free, either on or 
off of anti-seizure medication:

William E. Beaver
Paul V. Carlson
Tommy Joe Cox
William Garvin
Jeremiah Gonzales
Roderick Haslip
Doug William Outfleet
David J. Parris
Shawn E. Sands
Robert B. Skinner

    Issued on: September 22, 2016.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2016-23651 Filed 9-29-16; 8:45 am]
 BILLING CODE 4910-EX-P