Qualification of Drivers; Exemption Applications; Epilepsy and Seizure Disorders, 48406-48408 [2015-19797]
Download as PDF
48406
Federal Register / Vol. 80, No. 155 / Wednesday, August 12, 2015 / Notices
In accordance with 49 U.S.C. 31136(e)
and 31315, each exemption will be valid
for 2 years unless revoked earlier by
FMCSA. The exemption will be revoked
if: (1) The person fails to comply with
the terms and conditions of the
exemption; (2) the exemption has
resulted in a lower level of safety than
was maintained before it was granted; or
(3) continuation of the exemption would
not be consistent with the goals and
objectives of 49 U.S.C. 31136 and 31315.
If the exemption is still effective at the
end of the 2-year period, the person may
apply to FMCSA for a renewal under
procedures in effect at that time.
Issued on: August 6, 2015.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2015–19790 Filed 8–11–15; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2015–0117]
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 that is
likely to cause a loss of consciousness
or any loss of ability to operate a
commercial motor vehicle (CMV) 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 antiseizure 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 up to 2 years in
interstate commerce.
DATES: Comments must be received on
or before September 11, 2015.
mstockstill on DSK4VPTVN1PROD with NOTICES
SUMMARY:
VerDate Sep<11>2014
18:16 Aug 11, 2015
Jkt 235001
You may submit comments
bearing the Federal Docket Management
System (FDMS) Docket ID FMCSA–
2015–0117 using any of the following
methods:
• Federal eRulemaking Portal: Go to
www.regulations.gov. Follow the on-line
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 or Courier: 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
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 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 on-line.
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 www.regulations.gov, as
described in the system records notice
(DOT/ALL–14 FDMS), which can be
reviewed at www.dot.gov/privacy.
ADDRESSES:
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 to
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
Frm 00120
Fmt 4703
Sfmt 4703
Background
Under 49 U.S.C. 31315 and 31136(e),
FMCSA may grant an exemption for up
to 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
allow the Agency to renew exemptions
at the end of the 2-year period. The 12
individuals listed in this notice have
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 CMV 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 that 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
recovered fully 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
may be qualified to drive a CMV in
E:\FR\FM\12AUN1.SGM
12AUN1
Federal Register / Vol. 80, No. 155 / Wednesday, August 12, 2015 / Notices
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–2015–0117’’ 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–2015–0117’’ and click
‘‘Search.’’ Next, click ‘‘Open Docket
Folder’’ and you will find all documents
and comments related to the proposed
rulemaking.
Summary of Applications
mstockstill on DSK4VPTVN1PROD with NOTICES
Nicholes Arroyo
Mr. Arroyo is a 33 year-old driver in
New Jersey. He has a history of epilepsy
and has remained seizure free for one
year. He takes anti-seizure medication
with the dosage and frequency
remaining the same since 2006. If
granted the exemption, he would like to
drive a CMV. His physician states that
he is supportive of Mr. Arroyo receiving
an exemption.
VerDate Sep<11>2014
18:16 Aug 11, 2015
Jkt 235001
Eric Joseph Barnwell
Mr. Barnwell is a 43 year-old class A
CDL holder in Michigan. He has a
history of a seizure disorder and has
remained seizure free since 1990. 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. Barnwell receiving an
exemption.
Kevin Scott Brelsford
Mr. Brelsford is a 40 year-old class A
CDL holder in Maine. He has a history
of epilepsy and has remained seizure
free since 2010. 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. Brelsord receiving an exemption.
Jason S. Coleman
Mr. Coleman is a 43 year-old driver in
New Jersey. He has a history of a seizure
disorder and has remained seizure free
since 1994. 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. Coleman receiving an exemption.
Donald Adin Horst
Mr. Horst is a 65 year-old driver in
Maryland. He has a history of a single
seizure in 2009. 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. Horst receiving an exemption.
Bradley Jolley
Mr. Jolley is a 40 year-old driver in
New Jersey. 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. Jolley receiving
an exemption.
Charles A. McCarthy III
Mr. McCarthy is a 68 year-old class B
CDL holder in Massachusetts. He has a
history of a single seizure in 1998. He
takes anti-seizure medication with the
dosage and frequency remaining the
same since 2013. If granted the
exemption, he would like to drive a
CMV. His physician states that he is
PO 00000
Frm 00121
Fmt 4703
Sfmt 4703
48407
supportive of Mr. McCarthy receiving an
exemption.
Paul Eric Ray
Mr. Ray is a 49 year-old driver in
Iowa. He has a history of epilepsy and
has remained seizure free since 2006,
although he experiences stereotypical
auras. He takes anti-seizure medication
with the dosage and frequency
remaining the same since 2013. If
granted the exemption, he would like to
drive a CMV. His physician states that
he is supportive of Mr. Ray receiving an
exemption.
Randy P. Schuelke
Mr. Schuelke is a 54 year-old class A
CDL holder in Wisconsin. He has a
history of epilepsy and has remained
seizure free since 2004. 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. Schuelke receiving an exemption.
Eric Lee Troendle
Mr. Troendle is a 38 year-old class A
CDL holder in Iowa. He has a history of
a brain tumor and has remained seizure
free since 2014. 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. Troendle receiving an exemption.
Brian J. Underwood
Mr. Underwood is a 42 year-old class
A CDL holder in Ohio. He has a history
of epilepsy and has remained seizure
free since 2003. He takes anti-seizure
medication with the dosage and
frequency remaining the same since
2013. If granted the exemption, he
would like to drive a CMV. His
physician states that he is supportive of
Mr. Underwood receiving an exemption.
Cory R. Wagner
Mr. Wagner is a 40 year-old class A
CDL holder in Illinois. He has a history
of epilepsy and has remained seizure
free since 1997. He takes anti-seizure
medication with the dosage and
frequency remaining the same for over
2 years. If granted the exemption, he
would like to drive a CMV. His
physician states that he is supportive of
Mr. Wagner receiving an exemption.
Request for Comments
In accordance with 49 U.S.C. 31315
and 31136(e), FMCSA requests public
comment from all interested persons on
the exemption applications described in
E:\FR\FM\12AUN1.SGM
12AUN1
48408
Federal Register / Vol. 80, No. 155 / Wednesday, August 12, 2015 / Notices
this notice. We will consider all
comments received before the close of
business on the closing date indicated
earlier in the notice.
Issued on: July 28, 2015.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2015–19797 Filed 8–11–15; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2015–0111]
Parts and Accessories Necessary for
Safe Operation; Ford Motor Company
Application for an Exemption
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Notice of final disposition.
AGENCY:
The Federal Motor Carrier
Safety Administration (FMCSA)
announces its decision to grant Ford
Motor Company’s (Ford) exemption
application to allow motor carriers to
operate Ford’s Transit-based
commercial motor vehicles (CMVs) that
do not meet the exhaust system location
requirements in the Federal Motor
Carrier Safety Regulations (FMCSRs).
The FMCSRs require (1) the exhaust
system of a bus powered by a gasoline
engine to discharge to the atmosphere at
or within 6 inches forward of the
rearmost part of the bus and (2) the
exhaust system of every truck and truck
tractor to discharge to the atmosphere at
a location to the rear of the cab or, if the
exhaust projects above the cab, at a
location near the rear of the cab.
Although the Ford Transit does not
meet these requirements, it has
undergone performance-based testing
which demonstrates that the exhaust
system achieves a level of safety
equivalent to or greater than the level of
safety that would be obtained by
complying with the regulation. Ford
performed carbon monoxide (CO)
concentration tests which used CO
monitors at various locations within the
vehicle to measure the concentration of
CO ingress into the occupant
compartment (from the vehicles’ own
powertrain and exhaust system) under
various driving conditions including
idle and top speed. The tests showed
that the resulting CO concentration is
below every threshold used by Federal
agencies. FMCSA has concluded that
the limited 2-year exemption will
achieve a level of safety equivalent to or
greater than the level of safety provided
mstockstill on DSK4VPTVN1PROD with NOTICES
SUMMARY:
VerDate Sep<11>2014
18:16 Aug 11, 2015
Jkt 235001
by the rule restricting the location of
exhaust systems on CMVs to ensure that
exhaust fumes will not affect the
driver’s alertness or health or the health
of passengers.
DATES: This exemption is effective
August 12, 2015 and ending August 14,
2017.
FOR FURTHER INFORMATION CONTACT: Mr.
Luke Loy, Vehicle and Roadside
Operations Division, Office of Carrier,
Driver, and Vehicle Safety, MC–PSV,
(202) 366–0676, Federal Motor Carrier
Safety Administration, 1200 New Jersey
Avenue SE., Washington, DC 20590–
0001.
Docket: For access to the docket to
read background documents or
comments submitted to notice
requesting public comments on the
exemption application, go to
www.regulations.gov at any time or visit
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., ET, Monday through
Friday, except Federal holidays. The online Federal document management
system is available 24 hours each day,
365 days each year. The docket number
is listed at the beginning of this notice.
SUPPLEMENTARY INFORMATION:
Background
FMCSA has authority under 49 U.S.C.
31136(e) and 31315 to grant exemptions
from certain parts of the Federal Motor
Carrier Safety Regulations. FMCSA must
publish a notice of each exemption
request in the Federal Register (49 CFR
381.315(a)). The Agency must provide
the public an opportunity to inspect the
information relevant to the application,
including any safety analyses that have
been conducted. The Agency must also
provide an opportunity for public
comment on the request.
The Agency reviews safety analyses
and public comments submitted, and
determines whether granting the
exemption would likely achieve a level
of safety equivalent to, or greater than,
the level that would be achieved by the
current regulation (49 CFR 381.305).
The decision of the Agency must be
published in the Federal Register (49
CFR 381.315(b)) with the reasons for
denying or granting the application and,
if granted, the name of the person or
class of persons receiving the
exemption, and the regulatory provision
from which the exemption is granted.
The notice must also specify the
effective period and explain the terms
and conditions of the exemption. The
exemption may be renewed (49 CFR
381.300(b)).
PO 00000
Frm 00122
Fmt 4703
Sfmt 4703
Ford’s Application for Exemption
Ford applied for an exemption from
49 CFR 393.83 to allow motor carriers
to operate Ford-manufactured Transitbased CMVs that do not comply with
the exhaust system location
requirements. A copy of the application
is included in the docket referenced at
the beginning of this notice.
Section 393.83, ‘‘Exhaust systems,’’
includes requirements regarding the
location of exhaust systems on CMVS to
ensure that exhaust fumes will not affect
the driver’s alertness or health or the
health of passengers. Specifically,
§ 393.83(c) states that ‘‘[t]he exhaust
system of a bus powered by a gasoline
engine shall discharge to the
atmosphere at or within 6 inches
forward of the rearmost part of the bus’’;
§ 393.83(e) states that ‘‘[t]he exhaust
system of every truck and truck tractor
shall discharge to the atmosphere at a
location to the rear of the cab or, if the
exhaust projects above the cab, at a
location near the rear of the cab.’’
Ford noted in its application that,
while its Transit-based CMVs may not
satisfy the specific exhaust system
location requirements of § 393.83, it has
several internal requirements applicable
to the design of the tailpipe system that
ensure the system will provide high
levels of safety for its customers.
According to the application:
. . . Ford’s requirements address passenger
compartment exhaust gas intrusion and
management of high temperature
components. These requirements include
testing of the system and basic design
requirements for the location of the tailpipe
in relation to underbody components like the
brake lines and fuel lines.
Most significantly Ford uses internal
performance based tests that demonstrate the
system achieves a level of safety equivalent
to or greater than, the level of safety that
would be obtained by complying with the
regulation. The main test of interest is the
Carbon Monoxide Concentration test. This
performance based test uses CO monitors at
various locations in the vehicle to measure
the concentration of CO ingress into the
occupant compartment (from vehicles’ own
powertrain and exhaust system) under
various driving conditions including idle and
top speed.
Ford tested the 2015 model year
Transit in accordance with ‘‘Ford global
common engineering test procedures,’’
which limits carbon monoxide (CO)
levels to 27 parts-per-million (ppm) for
a 30 minute Time Weighted Average
(TWA) during continuous driving. Ford
stated that the 27 ppm limit is based on
the Environmental Protection Agency’s
(EPA) Acute Exposure Guideline Level
limits for CO exposure for 8 hour TWA,
which is more severe than both the
Occupational Safety & Health
E:\FR\FM\12AUN1.SGM
12AUN1
Agencies
[Federal Register Volume 80, Number 155 (Wednesday, August 12, 2015)]
[Notices]
[Pages 48406-48408]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-19797]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2015-0117]
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 that is likely to cause a
loss of consciousness or any loss of ability to operate a commercial
motor vehicle (CMV) 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 up to 2 years in interstate
commerce.
DATES: Comments must be received on or before September 11, 2015.
ADDRESSES: You may submit comments bearing the Federal Docket
Management System (FDMS) Docket ID FMCSA-2015-0117 using any of the
following methods:
Federal eRulemaking Portal: Go to www.regulations.gov.
Follow the on-line 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 or Courier: 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 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 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 on-line.
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 www.regulations.gov, as described in the
system records notice (DOT/ALL-14 FDMS), which can be reviewed at
www.dot.gov/privacy.
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 to 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 up to 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
allow the Agency to renew exemptions at the end of the 2-year period.
The 12 individuals listed in this notice have 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 CMV 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 that 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 recovered fully 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 may be qualified
to drive a CMV in
[[Page 48407]]
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-2015-0117'' 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-2015-0117'' and click ``Search.'' Next, click ``Open Docket
Folder'' and you will find all documents and comments related to the
proposed rulemaking.
Summary of Applications
Nicholes Arroyo
Mr. Arroyo is a 33 year-old driver in New Jersey. He has a history
of epilepsy and has remained seizure free for one year. He takes anti-
seizure medication with the dosage and frequency remaining the same
since 2006. If granted the exemption, he would like to drive a CMV. His
physician states that he is supportive of Mr. Arroyo receiving an
exemption.
Eric Joseph Barnwell
Mr. Barnwell is a 43 year-old class A CDL holder in Michigan. He
has a history of a seizure disorder and has remained seizure free since
1990. 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.
Barnwell receiving an exemption.
Kevin Scott Brelsford
Mr. Brelsford is a 40 year-old class A CDL holder in Maine. He has
a history of epilepsy and has remained seizure free since 2010. 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. Brelsord
receiving an exemption.
Jason S. Coleman
Mr. Coleman is a 43 year-old driver in New Jersey. He has a history
of a seizure disorder and has remained seizure free since 1994. 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. Coleman
receiving an exemption.
Donald Adin Horst
Mr. Horst is a 65 year-old driver in Maryland. He has a history of
a single seizure in 2009. 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. Horst receiving an exemption.
Bradley Jolley
Mr. Jolley is a 40 year-old driver in New Jersey. 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. Jolley receiving
an exemption.
Charles A. McCarthy III
Mr. McCarthy is a 68 year-old class B CDL holder in Massachusetts.
He has a history of a single seizure in 1998. He takes anti-seizure
medication with the dosage and frequency remaining the same since 2013.
If granted the exemption, he would like to drive a CMV. His physician
states that he is supportive of Mr. McCarthy receiving an exemption.
Paul Eric Ray
Mr. Ray is a 49 year-old driver in Iowa. He has a history of
epilepsy and has remained seizure free since 2006, although he
experiences stereotypical auras. He takes anti-seizure medication with
the dosage and frequency remaining the same since 2013. If granted the
exemption, he would like to drive a CMV. His physician states that he
is supportive of Mr. Ray receiving an exemption.
Randy P. Schuelke
Mr. Schuelke is a 54 year-old class A CDL holder in Wisconsin. He
has a history of epilepsy and has remained seizure free since 2004. 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. Schuelke
receiving an exemption.
Eric Lee Troendle
Mr. Troendle is a 38 year-old class A CDL holder in Iowa. He has a
history of a brain tumor and has remained seizure free since 2014. 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. Troendle
receiving an exemption.
Brian J. Underwood
Mr. Underwood is a 42 year-old class A CDL holder in Ohio. He has a
history of epilepsy and has remained seizure free since 2003. He takes
anti-seizure medication with the dosage and frequency remaining the
same since 2013. If granted the exemption, he would like to drive a
CMV. His physician states that he is supportive of Mr. Underwood
receiving an exemption.
Cory R. Wagner
Mr. Wagner is a 40 year-old class A CDL holder in Illinois. He has
a history of epilepsy and has remained seizure free since 1997. He
takes anti-seizure medication with the dosage and frequency remaining
the same for over 2 years. If granted the exemption, he would like to
drive a CMV. His physician states that he is supportive of Mr. Wagner
receiving an exemption.
Request for Comments
In accordance with 49 U.S.C. 31315 and 31136(e), FMCSA requests
public comment from all interested persons on the exemption
applications described in
[[Page 48408]]
this notice. We will consider all comments received before the close of
business on the closing date indicated earlier in the notice.
Issued on: July 28, 2015.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2015-19797 Filed 8-11-15; 8:45 am]
BILLING CODE 4910-EX-P