Denial of Exemption Applications; Epilepsy and Seizure Disorders |
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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]
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