Qualification of Drivers; Exemption Applications; Epilepsy and Seizure Disorders, 57036-57038 [2015-23590]
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57036
Federal Register / Vol. 80, No. 182 / Monday, September 21, 2015 / Notices
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.
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.
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.
rmajette on DSK7SPTVN1PROD with NOTICES
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.
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15:14 Sep 18, 2015
Jkt 235001
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.
D. Comments
In response to this notice, FMCSA
received 4 comments. All commenters
were in support of commercial driving
for individuals with a history of seizure,
who have been seizure free for over four
or five years.
E. Basis for Exemption
Under 49 U.S.C. 31136(e) and
31315(b), FMCSA may grant an
exemption from the epilepsy/seizure
standard in 49 CFR 391.41(b)(8) if the
exemption is likely to achieve an
equivalent or greater level of safety than
would be achieved without the
exemption. Without the exemption,
applicants will continue to be restricted
to intrastate driving. With the
exemption, applicants can drive in
interstate commerce. Thus, the Agency’s
analysis focuses on whether an equal or
greater level of safety is likely to be
achieved by permitting each of these
drivers to drive in interstate commerce
as opposed to restricting the driver to
driving in intrastate commerce.
Conclusion
The Agency is granting exemptions
from the epilepsy standard, 49 CFR
391.41(b)(8), to 9 individuals based on
a thorough evaluation of each driver’s
safety experience and medical
condition. Safety analysis of
information relating to these 9
applicants meets the burden of showing
that granting the exemptions would
achieve a level of safety that is
equivalent to or greater than the level
that would be achieved without the
exemption. By granting the exemptions,
the interstate CMV industry will gain 9
highly trained and experienced drivers.
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Frm 00077
Fmt 4703
Sfmt 4703
In accordance with 49 U.S.C.
31315(b)(1), each exemption will be
valid for 2 years, with annual
recertification required unless revoked
earlier by FMCSA. The exemption will
be revoked if the following occurs: (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 prior to being granted; or (3)
continuation of the exemption would
not be consistent with the goals and
objectives of 49 U.S.C. 31136 and 31315.
FMCSA exempts the following 9
drivers for a period of 2 years with
annual medical certification required:
Robert Elmer Atkins (OR); Ronald
Boogay (NJ); Ronald Francis Bohr (IA);
Earl Bernard Bomgaars (IA); Teddy
Hugh Dixon (GA); John Griffith (ND);
William Rainer, III (TX); Michael R.
Weymouth (NH); and Everet Thomas
Wright (KY) from the prohibition of
CMV operations by persons with a
clinical diagnosis of epilepsy or
seizures. If the exemption is still in
effect 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: September 8, 2015.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2015–23595 Filed 9–18–15; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2015–0118]
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 8 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
SUMMARY:
E:\FR\FM\21SEN1.SGM
21SEN1
rmajette on DSK7SPTVN1PROD with NOTICES
Federal Register / Vol. 80, No. 182 / Monday, September 21, 2015 / Notices
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 October 21, 2015.
ADDRESSES: You may submit comments
bearing the Federal Docket Management
System (FDMS) Docket ID FMCSA–
2015–0118 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.
VerDate Sep<11>2014
15:14 Sep 18, 2015
Jkt 235001
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 8
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
PO 00000
Frm 00078
Fmt 4703
Sfmt 4703
57037
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
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–2015–0118’’ 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–2015–0118’’ and click
‘‘Search.’’ Next, click ‘‘Open Docket
Folder’’ and you will find all documents
and comments related to the proposed
rulemaking.
E:\FR\FM\21SEN1.SGM
21SEN1
57038
Federal Register / Vol. 80, No. 182 / Monday, September 21, 2015 / Notices
Summary of Applications
Joshua Alan Abel
Mr. Abel is a 53 year-old driver in
Maryland. 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. Abel receiving an exemption.
Ricky B. Alegre
Mr. Alegre is a 29 year-old class B
CDL holder in New Jersey. He has a
history of a single provoked seizure in
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. Alegre receiving
an exemption.
James E. Blosse, Jr.
Mr. Blosse is a 50 year-old driver in
Virginia. 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. Blosse receiving an exemption.
Jeremy H. Fryburg
Mr. Fryburg is a 30 year-old driver in
Pennsylvania. 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. Fryburg receiving an exemption.
Michael Todd Hill
rmajette on DSK7SPTVN1PROD with NOTICES
Mr. Hill is a 50 year-old driver in
Texas. He has a history of a seizure
disorder and has remained seizure free
since 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. Hill receiving an exemption.
Billy Ray Hunter
Mr. Hunter is a 29 year-old class A
CDL holder in Kentucky. He has a
history of a seizure disorder and has
remained seizure free since 2012. He
takes anti-seizure medication with the
dosage and frequency remaining the
VerDate Sep<11>2014
15:14 Sep 18, 2015
Jkt 235001
same since that time. If granted the
exemption, he would like to drive a
CMV. His physician states that he is
supportive of Mr. Hunter receiving an
exemption.
Jonathan Robert Jones
Mr. Jones is a 42 year-old driver in
Wisconsin. He has a history of epilepsy
and has remained seizure free since
2005. He takes anti-seizure medication
with the dosage and frequency
remaining the same since 2009. If
granted the exemption, he would like to
drive a CMV. His physician states that
he is supportive of Mr. Jones receiving
an exemption.
Anthony Edward Martens
Mr. Martens is a 44 year-old class B
CDL holder in South Dakota. He has a
history of epilepsy and has remained
seizure free since 1990. 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. Martens 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
this notice. We will consider all
comments received before the close of
business on the closing date indicated
earlier in the notice.
Issued on: September 6, 2015.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2015–23590 Filed 9–18–15; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2014–0380]
Qualification of Drivers; Exemption
Applications; Epilepsy and Seizure
Disorders
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Notice of final disposition.
AGENCY:
FMCSA announces its
decision to grant requests from 6
individuals for exemptions from the
regulatory requirement that interstate
commercial motor vehicle (CMV)
drivers have ‘‘no established medical
history or clinical diagnosis of epilepsy
or any other condition which is likely
to cause loss of consciousness or any
SUMMARY:
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Frm 00079
Fmt 4703
Sfmt 4703
loss of ability to control a CMV.’’ 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. The Agency concluded that
granting exemptions for these CMV
drivers will provide a level of safety that
is equivalent to or greater than the level
of safety maintained without the
exemptions. FMCSA grants exemptions
that will allow these 6 individuals to
operate CMVs in interstate commerce
for a 2-year period. The exemptions
preempt State laws and regulations and
may be renewed.
DATES: The exemptions are effective
September 21, 2015. The exemptions
expire on September 21, 2017.
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, 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.,
Monday through Friday, except Federal
holidays.
SUPPLEMENTARY INFORMATION:
A. Electronic Access
You may see all the comments online
through the Federal Document
Management System (FDMS) at: https://
www.regulations.gov.
Docket: For access to the docket to
read background documents or
comments, go to 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 www.regulations.gov, as
described in the system of records
notice (DOT/ALL–14 FDMS), which can
be reviewed at www.dot.gov/privacy.
B. Background
Under 49 U.S.C. 31136(e) and
31315(b), FMCSA may grant an
exemption from the safety regulations
E:\FR\FM\21SEN1.SGM
21SEN1
Agencies
[Federal Register Volume 80, Number 182 (Monday, September 21, 2015)]
[Notices]
[Pages 57036-57038]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-23590]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2015-0118]
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 8 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
[[Page 57037]]
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 October 21, 2015.
ADDRESSES: You may submit comments bearing the Federal Docket
Management System (FDMS) Docket ID FMCSA-2015-0118 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 8 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 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-2015-0118'' 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-2015-0118'' and click ``Search.'' Next, click ``Open Docket
Folder'' and you will find all documents and comments related to the
proposed rulemaking.
[[Page 57038]]
Summary of Applications
Joshua Alan Abel
Mr. Abel is a 53 year-old driver in Maryland. 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. Abel receiving
an exemption.
Ricky B. Alegre
Mr. Alegre is a 29 year-old class B CDL holder in New Jersey. He
has a history of a single provoked seizure in 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. Alegre receiving
an exemption.
James E. Blosse, Jr.
Mr. Blosse is a 50 year-old driver in Virginia. 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. Blosse
receiving an exemption.
Jeremy H. Fryburg
Mr. Fryburg is a 30 year-old driver in Pennsylvania. 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. Fryburg
receiving an exemption.
Michael Todd Hill
Mr. Hill is a 50 year-old driver in Texas. He has a history of a
seizure disorder and has remained seizure free since 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. Hill receiving
an exemption.
Billy Ray Hunter
Mr. Hunter is a 29 year-old class A CDL holder in Kentucky. He has
a history of a seizure disorder and has remained seizure free since
2012. 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.
Hunter receiving an exemption.
Jonathan Robert Jones
Mr. Jones is a 42 year-old driver in Wisconsin. He has a history of
epilepsy and has remained seizure free since 2005. He takes anti-
seizure medication with the dosage and frequency remaining the same
since 2009. If granted the exemption, he would like to drive a CMV. His
physician states that he is supportive of Mr. Jones receiving an
exemption.
Anthony Edward Martens
Mr. Martens is a 44 year-old class B CDL holder in South Dakota. He
has a history of epilepsy 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. Martens
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 this notice. We will consider all comments
received before the close of business on the closing date indicated
earlier in the notice.
Issued on: September 6, 2015.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2015-23590 Filed 9-18-15; 8:45 am]
BILLING CODE 4910-EX-P