Qualification of Drivers; Exemption Applications; Epilepsy and Seizure Disorders, 6166-6168 [2015-02135]
Download as PDF
6166
Federal Register / Vol. 80, No. 23 / Wednesday, February 4, 2015 / Notices
https://www.regulations.gov and insert
the docket number FMCSA–2014–0301
in the ‘‘Keyword’’ box and click
‘‘Search.’’ Next, click ‘‘Open Docket
Folder’’ button and choose the
document listed to review. If you do not
have access to the Internet, you may
view the docket online by visiting the
Docket Management Facility in Room
W12–140 on the ground floor of the
DOT West Building, 1200 New Jersey
Avenue SE., Washington, DC 20590,
between 9 a.m. and 5 p.m., e.t., Monday
through Friday, except Federal holidays.
Issued on: January 28, 2015.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2015–02133 Filed 2–3–15; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2014–0381]
Qualification of Drivers; Exemption
Applications; Epilepsy and Seizure
Disorders
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Notice of applications for
exemptions; request for comments.
AGENCY:
FMCSA announces receipt of
applications from 12 individuals for an
exemption from the prohibition against
persons with a clinical diagnosis of
epilepsy or any other condition which
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.
The regulation and the associated
advisory criteria published in the Code
of Federal Regulations as the
‘‘Instructions for Performing and
Recording Physical Examinations’’ have
resulted in numerous drivers being
prohibited from operating CMVs in
interstate commerce based on the fact
that they have had one or more seizures
and are taking anti-seizure medication,
rather than an individual analysis of
their circumstances by a qualified
medical examiner. If granted, the
exemptions would enable these
individuals who have had one or more
seizures and are taking anti-seizure
medication to operate CMVs for 2 years
in interstate commerce.
DATES: Comments must be received on
or before March 6, 2015.
ADDRESSES: You may submit comments
bearing the Federal Docket Management
System (FDMS) Docket ID FMCSA–
mstockstill on DSK4VPTVN1PROD with NOTICES
SUMMARY:
VerDate Sep<11>2014
18:18 Feb 03, 2015
Jkt 235001
2014–0381 using any of the following
methods:
• Federal eRulemaking Portal: Go to
https://www.regulations.gov. Follow the
online instructions for submitting
comments.
• Mail: Docket Management Facility;
U.S. Department of Transportation, 1200
New Jersey Avenue SE., West Building
Ground Floor, Room W12–140,
Washington, DC 20590–0001.
• Hand Delivery: West Building
Ground Floor, Room W12–140, 1200
New Jersey Avenue SE., Washington,
DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal
Holidays.
• Fax: 1–202–493–2251.
Each submission must include the
Agency name and the docket ID for this
Notice. Note that DOT posts all
comments received without change to
https://www.regulations.gov, including
any personal information included in a
comment. Please see the Privacy Act
heading below.
Docket: For access to the docket to
read background documents or
comments, go to https://
www.regulations.gov at any time 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. The
FDMS is available 24 hours each day,
365 days each year. If you want
acknowledgment that we received your
comments, please include a selfaddressed, stamped envelope or
postcard or print the acknowledgement
page that appears after submitting
comments online.
Privacy Act: Anyone may search the
electronic form of all comments
received into any of our dockets by the
name of the individual submitting the
comment (or of the person signing the
comment, if submitted on behalf of an
association, business, labor union, etc.).
You may review the DOT’s complete
Privacy Act Statement in the Federal
Register published on January 17, 2008
(73 FR 3316; January 17, 2008). This
information is also available at https://
Docketinfo.dot.gov.
FOR FURTHER INFORMATION CONTACT:
Charles A. Horan, III, Director, Office of
Carrier, Driver and Vehicle Safety, (202)
366–4001, or via email at
fmcsamedical@dot.gov, or by letter
FMCSA, Room W64–113, Department of
Transportation, 1200 New Jersey
Avenue SE., Washington, DC 20590–
0001. Office hours are from 8:30 a.m. to
5 p.m., Monday through Friday, except
Federal holidays.
SUPPLEMENTARY INFORMATION:
PO 00000
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Fmt 4703
Sfmt 4703
Background
Under 49 U.S.C. 31315 and 31136(e),
FMCSA may grant an exemption for a 2year period if it finds ‘‘such exemption
would likely achieve a level of safety
that is equivalent to or greater than the
level that would be achieved absent
such exemption.’’ The statutes also
allow the Agency to renew exemptions
at the end of the 2-year period. The 12
individuals listed in this notice have
recently requested an exemption from
the epilepsy prohibition in 49 CFR
391.41(b)(8), which applies to drivers
who operate CMVs as defined in 49 CFR
390.5, in interstate commerce. Section
391.41(b)(8) states that a person is
physically qualified to drive a
commercial motor vehicle if that person
has no established medical history or
clinical diagnosis of epilepsy or any
other condition which is likely to cause
the loss of consciousness or any loss of
ability to control a CMV.
FMCSA provides medical advisory
criteria for use by medical examiners in
determining whether drivers with
certain medical conditions should be
certified to operate CMVs in intrastate
commerce. The advisory criteria
indicate that if an individual has had a
sudden episode of a non-epileptic
seizure or loss of consciousness of
unknown cause which did not require
anti-seizure medication, the decision
whether that person’s condition is likely
to cause the loss of consciousness or
loss of ability to control a CMV should
be made on an individual basis by the
medical examiner in consultation with
the treating physician. Before
certification is considered, it is
suggested that a 6-month waiting period
elapse from the time of the episode.
Following the waiting period, it is
suggested that the individual have a
complete neurological examination. If
the results of the examination are
negative and anti-seizure medication is
not required, then the driver may be
qualified.
In those individual cases where a
driver had a seizure or an episode of
loss of consciousness that resulted from
a known medical condition (e.g., drug
reaction, high temperature, acute
infectious disease, dehydration, or acute
metabolic disturbance), certification
should be deferred until the driver has
fully recovered from that condition, has
no existing residual complications, and
is not taking anti-seizure medication.
Drivers who have a history of epilepsy/
seizures, off anti-seizure medication and
seizure-free for 10 years, may be
qualified to operate a CMV in interstate
commerce. Interstate drivers with a
history of a single unprovoked seizure
E:\FR\FM\04FEN1.SGM
04FEN1
Federal Register / Vol. 80, No. 23 / Wednesday, February 4, 2015 / Notices
may be qualified to drive a CMV in
interstate commerce if seizure-free and
off anti-seizure medication for a 5-year
period or more.
Submitting Comments
You may submit your comments and
material online or by fax, mail, or hand
delivery, but please use only one of
these means. FMCSA recommends that
you include your name and a mailing
address, an email address, or a phone
number in the body of your document
so that FMCSA can contact you if there
are questions regarding your
submission. To submit your comment
online, go to https://www.regulations.gov
and in the search box insert the docket
number ‘‘FMCSA–2014–0381’’ and click
the search button. When the new screen
appears, click on the blue ‘‘Comment
Now!’’ button on the right hand side of
the page. On the new page, enter
information required including the
specific section of this document to
which each comment applies, and
provide a reason for each suggestion or
recommendation. If you submit your
comments by mail or hand delivery,
submit them in an unbound format, no
larger than 81⁄2 by 11 inches, suitable for
copying and electronic filing. If you
submit comments by mail and would
like to know that they reached the
facility, please enclose a stamped, selfaddressed postcard or envelope. We will
consider all comments and material
received during the comment period
and may change this proposed rule
based on your comments. FMCSA may
issue a final rule at any time after the
close of the comment period.
Viewing Comments and Documents
To view comments, as well as any
documents mentioned in this preamble,
To submit your comment online, go to
https://www.regulations.gov and in the
search box insert the docket number
‘‘FMCSA–2014–0381’’ and click
‘‘Search.’’ Next, click ‘‘Open Docket
Folder’’ and you will find all documents
and comments related to the proposed
rulemaking.
Ronald Boogay
Mr. Boogay is a 57 year-old class C
CDL holder in New Jersey. He has a
history of a seizure disorder and has
remained seizure free since 1989. He
takes anti-seizure medication with the
dosage and frequency remaining the
same since 2004. If granted the
exemption, he would like to drive a
CMV. His physician states that he is
supportive of Mr. Boogay receiving an
exemption.
Ronald Francis Bohr
Mr. Bohr is a 59 year-old class A CDL
holder in Iowa. He has a history of a
seizure disorder and has remained
seizure free since 1996. He takes antiseizure medication with the dosage and
frequency remaining the same since that
time. If granted the exemption, he
would like to drive a CMV. His
physician states that he is supportive of
Mr. Bohr receiving an exemption.
Earl Bernard Bomgaars
Mr. Bomgaars is a 66 year-old class A
CDL holder in Iowa. He has a history of
epilepsy and has remained seizure free
since 1963. He takes anti-seizure
medication with the dosage and
frequency remaining the same since that
time. If granted the exemption, he
would like to drive a CMV. His
physician states that he is supportive of
Mr. Bomgaars receiving an exemption.
Bryant Justin Carter
Mr. Carter is a 25 year-old driver in
Virginia. He has a history of seizures
and has remained seizure free since
2012. He does not take anti-seizure
medication. If granted the exemption, he
would like to drive a CMV. His
physician states that he is supportive of
Mr. Carter receiving an exemption.
Robert Elmer Atkins
Teddy Hugh Dixon
Mr. Dixon is a 54 year-old class A
CDL holder in Georgia. He has a history
of a seizure disorder and has remained
seizure free since 2000. He takes antiseizure medication with the dosage and
frequency remaining the same since that
time. If granted the exemption, he
would like to drive a CMV. His
physician states that he is supportive of
Mr. Dixon receiving an exemption.
Mr. Atkins is a 54 year-old driver in
Oregon. He has a history of epilepsy and
has remained seizure free since 1980.
He takes anti-seizure medication with
the dosage and frequency remaining the
same since that time. If granted the
exemption, he would like to drive a
CMV. His physician states that he is
supportive of Mr. Atkins receiving an
exemption.
Richard A. Frazier, Jr.
Mr. Frazier is a 66 year-old driver in
Massachusetts. He has a history of an
episode of loss of consciousness in
August 2013. He takes anti-seizure
medication with the dosage and
frequency remaining the same since
September 2014. If granted the
exemption, he would like to drive a
CMV. His physician states that he is
mstockstill on DSK4VPTVN1PROD with NOTICES
Summary of Applications
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18:18 Feb 03, 2015
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6167
supportive of Mr. Frazier receiving an
exemption.
John Griffith
Mr. Griffith is a 43 year-old class A
CDL holder in North Dakota. He has a
history of a seizure disorder and has
remained seizure free since 1980. He
takes anti-seizure medication with the
dosage and frequency remaining the
same since that time. If granted the
exemption, he would like to drive a
CMV. His physician states that he is
supportive of Mr. Griffith receiving an
exemption.
William Rainer, III
Mr. Rainer is a 41 year-old driver in
Texas. He has a history of epilepsy and
has remained seizure free since 2006.
He takes anti-seizure medication with
the dosage and frequency remaining the
same since that time. If granted the
exemption, he would like to drive a
CMV. His physician states that he is
supportive of Mr. Rainer receiving an
exemption.
Emanuel Villegas
Mr. Villegas is a 33 year-old class B
CDL holder in California. He has a
history of seizures and has remained
seizure free since December 2013. He
takes anti-seizure medication with the
dosage and frequency remaining the
same since that time. If granted the
exemption, he would like to drive a
CMV. His physician states that he is
supportive of Mr. Villegas receiving an
exemption.
Michael R. Weymouth
Mr. Weymouth is a 48 year-old class
A CDL holder in New Hampshire. He
has a history of a seizure disorder and
has remained seizure free since 1986.
He takes anti-seizure medication with
the dosage and frequency remaining the
same since 2010. If granted an
exemption, he would like to drive a
CMV. His physician states that he is
supportive of Mr. Weymouth receiving
an exemption.
Everet Thomas Wright
Mr. Wright is a 67 year-old driver in
Kentucky. He has a history of a seizure
disorder and has remained seizure free
since 2002. He takes anti-seizure
medication with the dosage and
frequency remaining the same since
2013. If granted an exemption, he would
like to drive a CMV. His physician states
that he is supportive of Mr. Wright
receiving an exemption.
Request for Comments
In accordance with 49 U.S.C. 31315
and 31136(e), FMCSA requests public
E:\FR\FM\04FEN1.SGM
04FEN1
6168
Federal Register / Vol. 80, No. 23 / Wednesday, February 4, 2015 / Notices
comment from all interested persons on
the exemption applications described in
this notice. We will consider all
comments received before the close of
business on the closing date indicated
earlier in the notice.
Issued On: January 28, 2015.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2015–02135 Filed 2–3–15; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
[Docket Number FRA–2004–20000]
mstockstill on DSK4VPTVN1PROD with NOTICES
Petition for Waiver of Compliance
In accordance with Part 211 of Title
49 Code of Federal Regulations (CFR),
this document provides the public
notice that by a document dated
September 17, 2014, Dallas Area Rapid
Transit (DART) has petitioned the
Federal Railroad Administration (FRA)
for a waiver of compliance from certain
provisions of the Federal railroad safety
regulations contained at 49 CFR part
229–Railroad Locomotive Safety
Standards and Part 234–Grade Crossing
Safety, Including Signal Systems, State
Action Plans, and Emergency
Notification Systems. FRA assigned the
petition Docket Number FRA–2004–
20000.
DART, located in Dallas, TX, seeks an
extension of its waiver of compliance
from certain regulations for continued
operation of its rail-fixed guide way
public transit lines that share a ‘‘limited
connection’’ with the general railroad
system, specifically with the Dallas
Garland and Northeastern Railroad
(DGNO). This request is consistent with
the requirements set forth in the
Statement of Agency Policy Concerning
Jurisdiction Over the Safety of Railroad
Passenger Operations and Waivers
Related to Shared Use of the Tracks of
the General Railroad System by Light
Rail and Conventional Equipment, 65
FR 42529 (July 10, 2000); see also Joint
Statement of Agency Policy Concerning
Shared Use of the Tracks of the General
Railroad System by Conventional
Railroads and Light Rail Transit
Systems, 65 FR 42626 (July 10, 2000).
DART is expanding its light rail
operations, and will double in size to 93
miles. To date, the final 2.6 miles of
expanded service are scheduled for
completion in 2016. Expansion includes
various lines that feature some shared
corridor operations with DGNO, with up
to 50 or more total limited connections
at shared highway-rail grade crossings.
VerDate Sep<11>2014
18:18 Feb 03, 2015
Jkt 235001
Therefore, DART is seeking an
extension of the terms and conditions of
its current waiver of compliance from
the provisions of 49 CFR 229.125–
Headlights and auxiliary lights and 49
CFR 234.105–Activation failure. DART
claims that no modifications or changes
have occurred since the first waiver was
granted on May 2, 2005, and extended
for 5 years in April 2010. DART also
states in its petition that ‘‘since 2010,
there is no record of any accidents or
safety-related incidents that occurred in
these shared corridor portions covered
by the regulations where these waivers
are being requested.’’
A copy of the petition, as well as any
written communications concerning the
petition, is 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
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 (e.g., Waiver
Petition Docket Number FRA–2004–
20000) 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 within 45
days of the date of this notice 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
PO 00000
Frm 00130
Fmt 4703
Sfmt 4703
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
or interested parties may review DOT’s
complete Privacy Act Statement in the
Federal Register published on April 11,
2000 (65 FR 19477).
Issued in Washington, DC, on January 28,
2015.
Ron Hynes,
Director, Office of Technical Oversight.
[FR Doc. 2015–02159 Filed 2–3–15; 8:45 am]
BILLING CODE 4910–06–P
DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
[Docket Number FRA–2015–0005]
Petition for Waiver of Compliance
In accordance with Part 211 of Title
49 Code of Federal Regulations (CFR),
this document provides the public
notice that by a document dated
November 11, 2014, Big Spring Rail
System (BSR), has petitioned the
Federal Railroad Administration (FRA)
for a waiver of compliance from certain
provisions of the Federal hours of
service laws contained at 49 U.S.C.
21103(a)(4). FRA assigned the petition
Docket Number FRA–2015–0005.
In its petition, BSR seeks relief from
49 U.S.C. 21103(a)(4), which, in part,
requires a train employee to receive 48
hours off duty after initiating on-duty
periods for 6 consecutive days.
Specifically, BSR seeks a waiver to
allow a train employee to initiate an onduty period, each day, for 6 consecutive
days followed by 24 hours off duty. In
support of the request, BSR explained
that its operations are limited to a 2.4mile long single track with 1 siding
capable of holding 12 cars. The BSR also
explained that it only has three
operating employees that never work
more than 10 hours in a duty tour or
exceed 276 hours performing service for
the railroad in a calendar month.
A copy of the petition, as well as any
written communications concerning the
petition, is available for review online at
www.regulations.gov and in person at
E:\FR\FM\04FEN1.SGM
04FEN1
Agencies
[Federal Register Volume 80, Number 23 (Wednesday, February 4, 2015)]
[Notices]
[Pages 6166-6168]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2015-02135]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2014-0381]
Qualification of Drivers; Exemption Applications; Epilepsy and
Seizure Disorders
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.
ACTION: Notice of applications for exemptions; request for comments.
-----------------------------------------------------------------------
SUMMARY: FMCSA announces receipt of applications from 12 individuals
for an exemption from the prohibition against persons with a clinical
diagnosis of epilepsy or any other condition which 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. The
regulation and the associated advisory criteria published in the Code
of Federal Regulations as the ``Instructions for Performing and
Recording Physical Examinations'' have resulted in numerous drivers
being prohibited from operating CMVs in interstate commerce based on
the fact that they have had one or more seizures and are taking anti-
seizure medication, rather than an individual analysis of their
circumstances by a qualified medical examiner. If granted, the
exemptions would enable these individuals who have had one or more
seizures and are taking anti-seizure medication to operate CMVs for 2
years in interstate commerce.
DATES: Comments must be received on or before March 6, 2015.
ADDRESSES: You may submit comments bearing the Federal Docket
Management System (FDMS) Docket ID FMCSA-2014-0381 using any of the
following methods:
Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the online instructions for submitting
comments.
Mail: Docket Management Facility; U.S. Department of
Transportation, 1200 New Jersey Avenue SE., West Building Ground Floor,
Room W12-140, Washington, DC 20590-0001.
Hand Delivery: West Building Ground Floor, Room W12-140,
1200 New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal Holidays.
Fax: 1-202-493-2251.
Each submission must include the Agency name and the docket ID for
this Notice. Note that DOT posts all comments received without change
to https://www.regulations.gov, including any personal information
included in a comment. Please see the Privacy Act heading below.
Docket: For access to the docket to read background documents or
comments, go to https://www.regulations.gov at any time 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. The FDMS is available 24 hours each day, 365
days each year. If you want acknowledgment that we received your
comments, please include a self-addressed, stamped envelope or postcard
or print the acknowledgement page that appears after submitting
comments online.
Privacy Act: Anyone may search the electronic form of all comments
received into any of our dockets by the name of the individual
submitting the comment (or of the person signing the comment, if
submitted on behalf of an association, business, labor union, etc.).
You may review the DOT's complete Privacy Act Statement in the Federal
Register published on January 17, 2008 (73 FR 3316; January 17, 2008).
This information is also available at https://Docketinfo.dot.gov.
FOR FURTHER INFORMATION CONTACT: Charles A. Horan, III, Director,
Office of Carrier, Driver and Vehicle Safety, (202) 366-4001, or via
email at fmcsamedical@dot.gov, or by letter FMCSA, Room W64-113,
Department of Transportation, 1200 New Jersey Avenue SE., Washington,
DC 20590-0001. Office hours are from 8:30 a.m. to 5 p.m., Monday
through Friday, except Federal holidays.
SUPPLEMENTARY INFORMATION:
Background
Under 49 U.S.C. 31315 and 31136(e), FMCSA may grant an exemption
for a 2-year period if it finds ``such exemption would likely achieve a
level of safety that is equivalent to or greater than the level that
would be achieved absent such exemption.'' The statutes also allow the
Agency to renew exemptions at the end of the 2-year period. The 12
individuals listed in this notice have recently requested an exemption
from the epilepsy prohibition in 49 CFR 391.41(b)(8), which applies to
drivers who operate CMVs as defined in 49 CFR 390.5, in interstate
commerce. Section 391.41(b)(8) states that a person is physically
qualified to drive a commercial motor vehicle if that person has no
established medical history or clinical diagnosis of epilepsy or any
other condition which is likely to cause the loss of consciousness or
any loss of ability to control a CMV.
FMCSA provides medical advisory criteria for use by medical
examiners in determining whether drivers with certain medical
conditions should be certified to operate CMVs in intrastate commerce.
The advisory criteria indicate that if an individual has had a sudden
episode of a non-epileptic seizure or loss of consciousness of unknown
cause which did not require anti-seizure medication, the decision
whether that person's condition is likely to cause the loss of
consciousness or loss of ability to control a CMV should be made on an
individual basis by the medical examiner in consultation with the
treating physician. Before certification is considered, it is suggested
that a 6-month waiting period elapse from the time of the episode.
Following the waiting period, it is suggested that the individual have
a complete neurological examination. If the results of the examination
are negative and anti-seizure medication is not required, then the
driver may be qualified.
In those individual cases where a driver had a seizure or an
episode of loss of consciousness that resulted from a known medical
condition (e.g., drug reaction, high temperature, acute infectious
disease, dehydration, or acute metabolic disturbance), certification
should be deferred until the driver has fully recovered from that
condition, has no existing residual complications, and is not taking
anti-seizure medication. Drivers who have a history of epilepsy/
seizures, off anti-seizure medication and seizure-free for 10 years,
may be qualified to operate a CMV in interstate commerce. Interstate
drivers with a history of a single unprovoked seizure
[[Page 6167]]
may be qualified to drive a CMV in interstate commerce if seizure-free
and off anti-seizure medication for a 5-year period or more.
Submitting Comments
You may submit your comments and material online or by fax, mail,
or hand delivery, but please use only one of these means. FMCSA
recommends that you include your name and a mailing address, an email
address, or a phone number in the body of your document so that FMCSA
can contact you if there are questions regarding your submission. To
submit your comment online, go to https://www.regulations.gov and in the
search box insert the docket number ``FMCSA-2014-0381'' and click the
search button. When the new screen appears, click on the blue ``Comment
Now!'' button on the right hand side of the page. On the new page,
enter information required including the specific section of this
document to which each comment applies, and provide a reason for each
suggestion or recommendation. If you submit your comments by mail or
hand delivery, submit them in an unbound format, no larger than 8\1/2\
by 11 inches, suitable for copying and electronic filing. If you submit
comments by mail and would like to know that they reached the facility,
please enclose a stamped, self-addressed postcard or envelope. We will
consider all comments and material received during the comment period
and may change this proposed rule based on your comments. FMCSA may
issue a final rule at any time after the close of the comment period.
Viewing Comments and Documents
To view comments, as well as any documents mentioned in this
preamble, To submit your comment online, go to https://www.regulations.gov and in the search box insert the docket number
``FMCSA-2014-0381'' and click ``Search.'' Next, click ``Open Docket
Folder'' and you will find all documents and comments related to the
proposed rulemaking.
Summary of Applications
Robert Elmer Atkins
Mr. Atkins is a 54 year-old driver in Oregon. He has a history of
epilepsy and has remained seizure free since 1980. He takes anti-
seizure medication with the dosage and frequency remaining the same
since that time. If granted the exemption, he would like to drive a
CMV. His physician states that he is supportive of Mr. Atkins receiving
an exemption.
Ronald Boogay
Mr. Boogay is a 57 year-old class C CDL holder in New Jersey. He
has a history of a seizure disorder and has remained seizure free since
1989. He takes anti-seizure medication with the dosage and frequency
remaining the same since 2004. If granted the exemption, he would like
to drive a CMV. His physician states that he is supportive of Mr.
Boogay receiving an exemption.
Ronald Francis Bohr
Mr. Bohr is a 59 year-old class A CDL holder in Iowa. He has a
history of a seizure disorder and has remained seizure free since 1996.
He takes anti-seizure medication with the dosage and frequency
remaining the same since that time. If granted the exemption, he would
like to drive a CMV. His physician states that he is supportive of Mr.
Bohr receiving an exemption.
Earl Bernard Bomgaars
Mr. Bomgaars is a 66 year-old class A CDL holder in Iowa. He has a
history of epilepsy and has remained seizure free since 1963. He takes
anti-seizure medication with the dosage and frequency remaining the
same since that time. If granted the exemption, he would like to drive
a CMV. His physician states that he is supportive of Mr. Bomgaars
receiving an exemption.
Bryant Justin Carter
Mr. Carter is a 25 year-old driver in Virginia. He has a history of
seizures and has remained seizure free since 2012. He does not take
anti-seizure medication. If granted the exemption, he would like to
drive a CMV. His physician states that he is supportive of Mr. Carter
receiving an exemption.
Teddy Hugh Dixon
Mr. Dixon is a 54 year-old class A CDL holder in Georgia. He has a
history of a seizure disorder and has remained seizure free since 2000.
He takes anti-seizure medication with the dosage and frequency
remaining the same since that time. If granted the exemption, he would
like to drive a CMV. His physician states that he is supportive of Mr.
Dixon receiving an exemption.
Richard A. Frazier, Jr.
Mr. Frazier is a 66 year-old driver in Massachusetts. He has a
history of an episode of loss of consciousness in August 2013. He takes
anti-seizure medication with the dosage and frequency remaining the
same since September 2014. If granted the exemption, he would like to
drive a CMV. His physician states that he is supportive of Mr. Frazier
receiving an exemption.
John Griffith
Mr. Griffith is a 43 year-old class A CDL holder in North Dakota.
He has a history of a seizure disorder and has remained seizure free
since 1980. He takes anti-seizure medication with the dosage and
frequency remaining the same since that time. If granted the exemption,
he would like to drive a CMV. His physician states that he is
supportive of Mr. Griffith receiving an exemption.
William Rainer, III
Mr. Rainer is a 41 year-old driver in Texas. He has a history of
epilepsy and has remained seizure free since 2006. He takes anti-
seizure medication with the dosage and frequency remaining the same
since that time. If granted the exemption, he would like to drive a
CMV. His physician states that he is supportive of Mr. Rainer receiving
an exemption.
Emanuel Villegas
Mr. Villegas is a 33 year-old class B CDL holder in California. He
has a history of seizures and has remained seizure free since December
2013. He takes anti-seizure medication with the dosage and frequency
remaining the same since that time. If granted the exemption, he would
like to drive a CMV. His physician states that he is supportive of Mr.
Villegas receiving an exemption.
Michael R. Weymouth
Mr. Weymouth is a 48 year-old class A CDL holder in New Hampshire.
He has a history of a seizure disorder and has remained seizure free
since 1986. He takes anti-seizure medication with the dosage and
frequency remaining the same since 2010. If granted an exemption, he
would like to drive a CMV. His physician states that he is supportive
of Mr. Weymouth receiving an exemption.
Everet Thomas Wright
Mr. Wright is a 67 year-old driver in Kentucky. He has a history of
a seizure disorder and has remained seizure free since 2002. He takes
anti-seizure medication with the dosage and frequency remaining the
same since 2013. If granted an exemption, he would like to drive a CMV.
His physician states that he is supportive of Mr. Wright receiving an
exemption.
Request for Comments
In accordance with 49 U.S.C. 31315 and 31136(e), FMCSA requests
public
[[Page 6168]]
comment from all interested persons on the exemption applications
described in this notice. We will consider all comments received before
the close of business on the closing date indicated earlier in the
notice.
Issued On: January 28, 2015.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2015-02135 Filed 2-3-15; 8:45 am]
BILLING CODE 4910-EX-P