80_FR_21370 80 FR 21296 - Qualification of Drivers; Exemption Applications; Narcolepsy

80 FR 21296 - Qualification of Drivers; Exemption Applications; Narcolepsy

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration

Federal Register Volume 80, Issue 74 (April 17, 2015)

Page Range21296-21297
FR Document2015-08857

FMCSA announces receipt of applications from three individuals for an exemption from the prohibitions against operating a commercial motor vehicle (CMV) in interstate commerce by persons with either a clinical diagnosis of a condition that is likely to cause a loss of consciousness or any loss of ability to operate a CMV safely, [49 CFR 391.41(b)(8)], or a mental, nervous, organic, or functional disease or psychiatric disorder likely to interfere with his/her ability to drive a commercial motor vehicle safely, [49 CFR391.41(b)(9)]. If granted, the exemption would enable these individuals who have been diagnosed with narcolepsy and are receiving medical treatment to operate CMVs for 2 years in interstate commerce.

Federal Register, Volume 80 Issue 74 (Friday, April 17, 2015) 
[Federal Register Volume 80, Number 74 (Friday, April 17, 2015)]
[Notices]
[Pages 21296-21297]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-08857]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2014-0373]


Qualification of Drivers; Exemption Applications; Narcolepsy

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION: Notice of applications for exemption; request for comments.

-----------------------------------------------------------------------

SUMMARY: FMCSA announces receipt of applications from three individuals 
for an exemption from the prohibitions against operating a commercial 
motor vehicle (CMV) in interstate commerce by persons with either a 
clinical diagnosis of a condition that is likely to cause a loss of 
consciousness or any loss of ability to operate a CMV safely, [49 CFR 
391.41(b)(8)], or a mental, nervous, organic, or functional disease or 
psychiatric disorder likely to interfere with his/her ability to drive 
a commercial motor vehicle safely, [49 CFR391.41(b)(9)]. If granted, 
the exemption would enable these individuals who have been diagnosed 
with narcolepsy and are receiving medical treatment to operate CMVs for 
2 years in interstate commerce.

DATES: Comments must be received on or before May 18, 2015.

ADDRESSES: You may submit comments bearing the Federal Docket 
Management System (FDMS) Docket ID FMCSA-2012-0081 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 [email protected], 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

    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

[[Page 21297]]

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 Agency may 
grant an exemption subject to specified terms and conditions. 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)).
    FMCSA provides medical advisory criteria in the Medical Examination 
Report at 49 CFR 391.43 for use by medical examiners in determining 
whether drivers with certain medical conditions should be certified to 
operate commercial motor vehicles in interstate commerce. The advisory 
criteria for 49 CFR 391.41(b)(8), indicates 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 fully recovered from that 
condition, has no existing residual complications, and is not taking 
anti-seizure medication.
    The advisory criteria for 49 CFR 391.41 (b)(9), indicates that a 
variety of functional disorders can cause drowsiness, dizziness, 
confusion, weakness or paralysis that may lead to incoordination, 
inattention, loss of functional control and susceptibility to accidents 
while driving.

Summary of Applications

Thomas Skagen

    Mr. Skagen is a 53-year-non-CDL holder from Washington. He is route 
sales representative for a bakery. He was diagnosed with Narcolepsy 
without cataplexy \1\ in 2008. His physician has treated him for 3 
years and is supportive of Mr. Skagen's exemption request. He states 
that Mr. Skagen is treated with Adderall and has a known 3-year history 
of being very compliant with medical treatment, his Epworth Sleepiness 
Scale scores remain within normal limits, and he does not fall asleep 
at any inappropriate times. He has driven a step van (a walk-in or 
multi-stop truck) since 2005 and says that sleepiness has never been an 
issue and in 37 years of driving he has never caused an accident. He 
would like to be granted an exemption in order to obtain a medical 
certificate to operate in interstate commerce.
---------------------------------------------------------------------------

    \1\ According to National Institutes of Health, National 
Institute of Neurological Disorders and Stroke, cataplexy is a 
sudden loss of muscle tone while the person is awake that leads to 
feelings of weakness and a loss of voluntary muscle control.
---------------------------------------------------------------------------

Charles ``Larry'' Peterson

    Mr. Charles Larry Peterson is a 56-year old Class A CDL holder in 
Washington. He is tractor-trailer driver. He was diagnosed with 
Narcolepsy in 1987 and has been continually treated for this condition 
since his diagnosis. A November 2014 letter from Mr. Peterson's 
physician states he is successfully treated with Provigil. He has never 
known of any traffic incidents, accidents or problems related to his 
narcolepsy or treatment. In his opinion his narcolepsy is well 
controlled and he is safe to drive. A November 6 letter from his 
employer supports Mr. Peterson's request for an exemption. The employer 
reports that Mr. Peterson has been employed since 2012 and has been an 
exemplary driver since he was hired. The employer reports there have 
been no accidents, communication problems, and no questionable 
performance issues during his employment. Mr. Peterson would like to be 
granted an exemption to continue to operate in interstate commerce.

Stanley Jandreau

    Mr. Jandreau is a 43 year old Class A CDL holder in Maine. A 
February 2015 letter from his sleep medicine specialists states that 
Mr. Jandreau has been a patient since 2002 when he was found to have 
obstructive sleep apnea and narcolepsy with cataplexy. Mr. Jandreau's 
specialists report that he is stable on therapies for both conditions 
and his CPAP compliance is acceptable to excellent. He is maintained on 
Provigil and Zoloft and by all accounts his sleep disorders are stable 
and well-treated on his current therapeutic regimen. Medication or 
dosing changes have not been required since [the specialist] took over 
his care in 2012. His specialists support Mr. Jandreau's petition for 
exemption based on his condition being stable for quite some time and 
is not likely to worsen so long as he continues his current therapeutic 
regimen. Mr. Jandreau would like to be granted an exemption in 
interstate commerce.

Request for Comments

    In accordance with 49 U.S.C. 31315 and 31136(e), FMCSA requests 
public comment from all interested persons on the applications for 
exemption described in this notice. We will consider all comments 
received before the close of business on the closing date indicated 
earlier in the notice.

    Dated: April 13, 2015.
 Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2015-08857 Filed 4-16-15; 8:45 am]
 BILLING CODE 4910-EX-P

21296 Federal Register / Vol. 80, No. 74 / Friday, April 17, 2015 / Notices exposure limit of 50 ppm for an 8 hour Comments received after the comment 1200 New Jersey Avenue SE., TWA and the National Institute of closing date will be filed in the public Washington, DC, between 9 a.m. and 5 Occupational Safety and Health’s docket and will be considered to the p.m., Monday through Friday, except (NIOSH) permissible exposure limit of extent practicable. In addition to late Federal Holidays. 35 ppm for a 10 hour TWA. Under comments, FMCSA will continue to file • Fax: 1–202–493–2251. ‘‘worst-case conditions,’’ Ford measured relevant information in the public Each submission must include the the CO level to be 17 ppm for the Model docket that becomes available after the Agency name and the docket ID for this year 2015 Transit, well below the EPA, comment closing date. Interested Notice. Note that DOT posts all OSHA, and NIOSH limits. persons should continue to examine the comments received without change to Additionally Ford states that it has public docket for new material. www.regulations.gov, including any internal requirements to establish the Issued on: April 13, 2015. personal information included in a appropriate clearance required between Larry W. Minor, comment. Please see the Privacy Act a vehicle and the ground to meet a heading below. Associate Administrator for Policy. minimum level of on-road functionality. Docket: For access to the docket to [FR Doc. 2015–08858 Filed 4–16–15; 8:45 am] read background documents or Ford has specific departure angle BILLING CODE 4910–EX–P comments, go to www.regulations.gov, requirements for their vehicle to reduce tailpipe contact with the ground, curbs, at any time or Room W12–140 on the ramps, etc., during various driving ground level of the West Building, 1200 DEPARTMENT OF TRANSPORTATION New Jersey Avenue SE., Washington, modes which may result in damage to the exhaust system that may adversely Federal Motor Carrier Safety DC, between 9 a.m. and 5 p.m., Monday affect the exhaust function. Ford Administration through Friday, except Federal holidays. implied that the tailpipe placement The FDMS is available 24 hours each used on its 2015 and future Transit- [Docket No. FMCSA–2014–0373] day, 365 days each year. If you want based passenger vehicles protects the acknowledgment that we received your Qualification of Drivers; Exemption comments, please include a self- exhaust system from operational Applications; Narcolepsy addressed, stamped envelope or damage that might expose passengers to dangerous levels of exhaust gases. AGENCY: Federal Motor Carrier Safety postcard or print the acknowledgement The exemption application would Administration (FMCSA), DOT. page that appears after submitting apply to Model Year 2015 Transit-based ACTION: Notice of applications for comments on-line. gas bus models (all gross vehicle weight exemption; request for comments. Privacy Act: In accordance with 5 ratings), vans over 10,000 pounds gross U.S.C. 553(c), DOT solicits comments vehicle weight rating, and SUMMARY: FMCSA announces receipt of from the public to better inform its corresponding future Transit-based applications from three individuals for rulemaking process. DOT posts these production model years. Ford estimates an exemption from the prohibitions comments, without edit, including any the annual production of these vehicles against operating a commercial motor personal information the commenter to be similar to the current Ford vehicle (CMV) in interstate commerce provides, to www.regulations.gov, as Econoline vehicle, which is less than by persons with either a clinical described in the system records notice 50,000 vehicles annually. diagnosis of a condition that is likely to (DOT/ALL–14 FDMS), which can be Ford acknowledges that the exhaust cause a loss of consciousness or any loss reviewed at www.dot.gov/privacy. system location requirements in section of ability to operate a CMV safely, [49 FOR FURTHER INFORMATION CONTACT: 393.83 are intended to ensure that CFR 391.41(b)(8)], or a mental, nervous, Charles A. Horan, III, Director, Office of exhaust gases do not seep into the organic, or functional disease or Carrier, Driver and Vehicle Safety, (202) passenger compartment of the vehicle. psychiatric disorder likely to interfere 366–4001, or via email at However, Ford believes that the with his/her ability to drive a fmcsamedical@dot.gov, or by letter to performance-based testing that it has commercial motor vehicle safely, [49 FMCSA, Room W64–113, Department of conducted demonstrates that the design CFR391.41(b)(9)]. If granted, the Transportation, 1200 New Jersey of the exhaust system for the Model exemption would enable these Avenue SE., Washington, DC 20590– Year 2015 and later Ford Transit CMVs individuals who have been diagnosed 0001. Office hours are from 8:30 a.m. to (1) results in CO exposure limits that are with narcolepsy and are receiving 5 p.m., Monday through Friday, except well below EPA, OSHA, and NIOSH medical treatment to operate CMVs for Federal holidays. established thresholds, and (2) will 2 years in interstate commerce. SUPPLEMENTARY INFORMATION: maintain a level of safety that is DATES: Comments must be received on equivalent to the level of safety or before May 18, 2015. Background achieved without the exemption. ADDRESSES: You may submit comments FMCSA has authority under 49 U.S.C. bearing the Federal Docket Management 31136(e) and 31315 to grant exemptions Request for Comments System (FDMS) Docket ID FMCSA– from certain parts of the Federal Motor In accordance with 49 U.S.C. 31315 2012–0081 using any of the following Carrier Safety Regulations. FMCSA must and 31136(e), FMCSA requests public methods: publish a notice of each exemption comment from all interested persons on • Federal eRulemaking Portal: Go to request in the Federal Register [49 CFR Ford’s application for an exemption www.regulations.gov. Follow the on-line 381.315(a)]. The Agency must provide from 49 CFR 393.83. All comments instructions for submitting comments. the public an opportunity to inspect the • Mail: Docket Management Facility; tkelley on DSK3SPTVN1PROD with NOTICES received before the close of business on information relevant to the application, the comment closing date indicated at U.S. Department of Transportation, 1200 including any safety analyses that have the beginning of this notice will be New Jersey Avenue SE., West Building been conducted. The Agency must also considered and will be available for Ground Floor, Room W12–140, provide an opportunity for public examination in the docket at the Washington, DC 20590–0001. comment on the request. location listed under the ADDRESSES • Hand Delivery or Courier: West The Agency reviews safety analyses section of this notice. Building Ground Floor, Room W12–140, and public comments submitted, and VerDate Sep<11>2014 19:08 Apr 16, 2015 Jkt 235001 PO 00000 Frm 00095 Fmt 4703 Sfmt 4703 E:\FR\FM\17APN1.SGM 17APN1

Federal Register / Vol. 80, No. 74 / Friday, April 17, 2015 / Notices 21297 determines whether granting the Summary of Applications stable on therapies for both conditions exemption would likely achieve a level and his CPAP compliance is acceptable Thomas Skagen of safety equivalent to, or greater than, to excellent. He is maintained on the level that would be achieved by the Mr. Skagen is a 53-year-non-CDL Provigil and Zoloft and by all accounts current regulation (49 CFR 381.305). holder from Washington. He is route his sleep disorders are stable and well- The Agency may grant an exemption sales representative for a bakery. He was treated on his current therapeutic subject to specified terms and diagnosed with Narcolepsy without regimen. Medication or dosing changes conditions. The decision of the Agency cataplexy 1 in 2008. His physician has have not been required since [the must be published in the Federal treated him for 3 years and is supportive specialist] took over his care in 2012. Register (49 CFR 381.315(b)) with the of Mr. Skagen’s exemption request. He His specialists support Mr. Jandreau’s reasons for denying or granting the states that Mr. Skagen is treated with petition for exemption based on his application and, if granted, the name of Adderall and has a known 3-year condition being stable for quite some the person or class of persons receiving history of being very compliant with time and is not likely to worsen so long the exemption, and the regulatory medical treatment, his Epworth as he continues his current therapeutic provision from which the exemption is Sleepiness Scale scores remain within regimen. Mr. Jandreau would like to be granted. The notice must also specify normal limits, and he does not fall granted an exemption in interstate the effective period and explain the asleep at any inappropriate times. He commerce. terms and conditions of the exemption. has driven a step van (a walk-in or multi-stop truck) since 2005 and says Request for Comments The exemption may be renewed (49 CFR 381.300(b)). that sleepiness has never been an issue In accordance with 49 U.S.C. 31315 FMCSA provides medical advisory and in 37 years of driving he has never and 31136(e), FMCSA requests public criteria in the Medical Examination caused an accident. He would like to be comment from all interested persons on granted an exemption in order to obtain the applications for exemption Report at 49 CFR 391.43 for use by a medical certificate to operate in described in this notice. We will medical examiners in determining interstate commerce. consider all comments received before whether drivers with certain medical the close of business on the closing date conditions should be certified to operate Charles ‘‘Larry’’ Peterson indicated earlier in the notice. commercial motor vehicles in interstate Mr. Charles Larry Peterson is a 56- commerce. The advisory criteria for 49 Dated: April 13, 2015. year old Class A CDL holder in CFR 391.41(b)(8), indicates that if an Larry W. Minor, Washington. He is tractor-trailer driver. individual has had a sudden episode of He was diagnosed with Narcolepsy in Associate Administrator for Policy. a non-epileptic seizure or loss of 1987 and has been continually treated [FR Doc. 2015–08857 Filed 4–16–15; 8:45 am] consciousness of unknown cause that for this condition since his diagnosis. A BILLING CODE 4910–EX–P did not require anti-seizure medication, November 2014 letter from Mr. the decision whether that person’s Peterson’s physician states he is condition is likely to cause the loss of successfully treated with Provigil. He DEPARTMENT OF TRANSPORTATION consciousness or loss of ability to has never known of any traffic control a CMV should be made on an Federal Railroad Administration incidents, accidents or problems related individual basis by the medical to his narcolepsy or treatment. In his [Docket Number FRA–2006–24812] examiner in consultation with the opinion his narcolepsy is well treating physician. Before certification is controlled and he is safe to drive. A Petition for Waiver of Compliance and considered, it is suggested that a 6- November 6 letter from his employer Notice of Public Hearing; Correction month waiting period elapse from the supports Mr. Peterson’s request for an AGENCY: Federal Railroad time of the episode. Following the exemption. The employer reports that Administration, Department of waiting period, it is suggested that the Mr. Peterson has been employed since Transportation. individual have a complete neurological 2012 and has been an exemplary driver ACTION: Notice; correction. examination. If the results of the since he was hired. The employer examination are negative and anti- reports there have been no accidents, SUMMARY: On April 3, 2015 (80 FR seizure medication is not required, then communication problems, and no 18292), the Federal Railroad the driver may be qualified. questionable performance issues during Administration (FRA) provided notice In those individual cases where a his employment. Mr. Peterson would of a public hearing to receive views, driver had a seizure or an episode of like to be granted an exemption to data, and comments regarding BNSF loss of consciousness that resulted from continue to operate in interstate Railway’s (BNSF) petition for a known medical condition (e.g., drug commerce. modification and extension of its waiver reaction, high temperature, acute of compliance from certain provisions of infectious disease, dehydration, or acute Stanley Jandreau the Federal railroad safety regulations metabolic disturbance), certification Mr. Jandreau is a 43 year old Class A contained in title 49 Code of Federal should be deferred until the driver has CDL holder in Maine. A February 2015 Regulations part 232, Brake System fully recovered from that condition, has letter from his sleep medicine Safety Standards for Freight and Other no existing residual complications, and specialists states that Mr. Jandreau has Non-Passenger Trains and Equipment, is not taking anti-seizure medication. been a patient since 2002 when he was in Docket Number FRA–2006–24812. The advisory criteria for 49 CFR found to have obstructive sleep apnea The notice contained an incorrect date tkelley on DSK3SPTVN1PROD with NOTICES 391.41 (b)(9), indicates that a variety of and narcolepsy with cataplexy. Mr. of the public hearing. functional disorders can cause Jandreau’s specialists report that he is FOR FURTHER INFORMATION CONTACT: drowsiness, dizziness, confusion, Steve Zuiderveen, Railroad Safety 1 According to National Institutes of Health, weakness or paralysis that may lead to Specialist, FRA, 1200 New Jersey National Institute of Neurological Disorders and incoordination, inattention, loss of Stroke, cataplexy is a sudden loss of muscle tone Avenue SE., Washington, DC 20590, functional control and susceptibility to while the person is awake that leads to feelings of (202) 493–6337, accidents while driving. weakness and a loss of voluntary muscle control. Steven.Zuiderveen@dot.gov. VerDate Sep<11>2014 19:08 Apr 16, 2015 Jkt 235001 PO 00000 Frm 00096 Fmt 4703 Sfmt 4703 E:\FR\FM\17APN1.SGM 17APN1


Document Created: 2015-12-18 11:20:17
Document Modified: 2015-12-18 11:20:17
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice of applications for exemption; request for comments.
DatesComments must be received on or before May 18, 2015.
ContactCharles A. Horan, III, Director, Office of Carrier, Driver and Vehicle Safety, (202) 366-4001, or via email at [email protected], 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.
FR Citation80 FR 21296 
2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR