80_FR_40260 80 FR 40127 - Qualification of Drivers; Exemption Applications; Epilepsy and Seizure Disorders

80 FR 40127 - Qualification of Drivers; Exemption Applications; Epilepsy and Seizure Disorders

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration

Federal Register Volume 80, Issue 133 (July 13, 2015)

Page Range40127-40129
FR Document2015-17022

FMCSA announces receipt of applications from 21 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.

Federal Register, Volume 80 Issue 133 (Monday, July 13, 2015)
[Federal Register Volume 80, Number 133 (Monday, July 13, 2015)]
[Notices]
[Pages 40127-40129]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-17022]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2015-0116]


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 21 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 August 12, 2015.

ADDRESSES: You may submit comments bearing the Federal Docket 
Management System (FDMS) Docket ID FMCSA-2015-0116 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

[[Page 40128]]

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 21 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 http://www.regulations.gov and in the 
search box insert the docket number ``FMCSA-2015-0116'' 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 http://www.regulations.gov and in the search box insert the docket number 
``FMCSA-2015-0116'' and click ``Search.'' Next, click ``Open Docket 
Folder'' and you will find all documents and comments related to the 
proposed rulemaking.

Summary of Applications

William Howard Brown

    Mr. Brown is a 58 year-old class A CDL holder in North Carolina. He 
has a history of epilepsy and has remained seizure free since 1999. 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. Brown 
receiving an exemption.

Leo Arnold Burns

    Mr. Burns is a 59 year-old driver in Nevada. He has a history of a 
seizure disorder and has remained seizure free since 2010. He takes 
anti-seizure medication with the dosage and frequency remaining the 
same since March 2015. If granted the exemption, he would like to drive 
a CMV. His physician states that he is supportive of Mr. Burns 
receiving an exemption.

Daniel Dellaserra

    Mr. Dellaserra is a 54 year-old class A CDL holder in California. 
He has a history of seizures and has remained seizure free since 1998. 
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. 
Dellaserra receiving an exemption.

Rodney Lee Ericson

    Mr. Ericson is a 51 year-old class A CDL holder in Iowa. 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. Ericson 
receiving an exemption.

Kristopher Alan Fraser

    Mr. Fraser is a 31 year-old driver in Washington. He has a history 
of epilepsy and has remained seizure free since 2007. He takes anti-
seizure medication with a change in dosage in October 2014. If granted 
the exemption, he would like to drive a CMV. His physician states that 
he is not supportive of Mr. Fraser receiving an exemption.

Todd A. Fuller

    Mr. Fuller is a 45 year-old driver in Pennsylvania. He has a 
history of a seizure in January 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. Fuller receiving an exemption.

Thomas A. Granese

    Mr. Granese is a 70 year-old class A CDL holder in Massachusetts. 
He has a history of seizure disorder and has

[[Page 40129]]

remained seizure free since 2003. He takes anti-seizure medication with 
the dosage and frequency remaining the same since 2010. If granted the 
exemption, he would like to drive a CMV. His physician states that he 
is supportive of Mr. Granese receiving an exemption.

Paul E. Granger

    Mr. Granger is a 50 year-old chauffeur license holder in Michigan. 
He has a history of a seizure disorder and has remained seizure free 
since 1987. He takes anti-seizure medication with the dosage and 
frequency remaining the same since that time. If granted the exemption, 
she would like to drive a CMV. His physician states that he is 
supportive of Mr. Granger receiving an exemption.

Charles Terrell Gray

    Mr. Gray is a 69 year-old driver in Oklahoma. He has a history of a 
single unprovoked seizure and has remained seizure free since 1993. 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. Gray 
receiving an exemption.

David Allen Griggs

    Mr. Griggs is a 55 year-old class A CDL holder in Minnesota. He has 
a history of a seizure disorder and has remained seizure free since 
1987. He takes anti-seizure medication with the dosage and frequency 
remaining the same since April 2013. If granted the exemption, he would 
like to drive a CMV. His physician states that he is supportive of Mr. 
Griggs receiving an exemption.

Howard Pearce Hill

    Mr. Hill is a 67 year-old class A CDL holder in Georgia. 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 January 2015. If granted the exemption, he 
would like to drive a CMV. His physician states that he is supportive 
of Mr. Hill receiving an exemption.

Eric A. Hilmer

    Mr. Hilmer is a 39 year-old class A CDL holder in Wisconsin. He has 
a history of epilepsy and has remained seizure free since 2007. 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. Hilmer 
receiving an exemption.

Dennis Edward Klamm

    Mr. Klamm is a 52 year-old class C CDL holder in Minnesota. He has 
a history of a seizure disorder and has remained seizure free since 
1987. 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. 
Klamm receiving an exemption.

Victor John Martinez

    Mr. Martinez is a 26 year-old driver in California. He has a 
history of epilepsy and suffered a seizure in December 2013. He 
underwent a left temporal craniotomy and lobectomy in 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.

Sean Michael Monroe

    Mr. Monroe is a 42 year-old driver in Virginia. He has a history of 
epilepsy and has remained seizure free since 2011. 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. Monroe receiving 
an exemption.

Christina L. Petti

    Ms. Petti is a 45 year-old class B CDL holder in New Jersey. She 
has a history of a seizure disorder and has remained seizure free since 
1985. She takes anti-seizure medication with the dosage and frequency 
remaining the same since that time. If granted the exemption, she would 
like to drive a CMV. Her physician states that he is supportive of Ms. 
Petti receiving an exemption.

Robert H. Philley

    Mr. Philley is a 47 year-old driver in California. 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. Philley 
receiving an exemption.

Christopher L. Phillips

    Mr. Phillips is a 46 year-old class A CDL holder in Pennsylvania. 
He has a history of a seizure disorder and has remained seizure free 
since 1989. He takes anti-seizure medication with the dosage and 
frequency remaining the same since that time. If granted the exemption, 
he would like to drive a CMV. His physician states that he is 
supportive of Mr. Phillips receiving an exemption.

David T. Pomianek, Jr.

    Mr. Pomianek is a 37 year-old class A CDL holder in New Jersey. He 
has a history of epilepsy and has remained seizure free since 2011. 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. Pomianek 
receiving an exemption.

Gregory Roy Schaefer

    Mr. Schaefer is a 46 year-old driver in Texas. He has a history of 
a single seizure in June 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. Schaefer receiving an exemption.

Maciej Skrzyniarz

    Mr. Skrzyniarz is a 28 year-old class A CDL holder in Illinois. He 
has a history of a single seizure in February 2014 associated with 
alcohol consumption. 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. Skrzyniarz 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: July 1, 2015.
 Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2015-17022 Filed 7-10-15; 08:45 am]
 BILLING CODE 4910-EX-P



                                                                                    Federal Register / Vol. 80, No. 133 / Monday, July 13, 2015 / Notices                                            40127

                                                    may issue a final rule at any time after                 Roderick B. Thomas                                    examiner. If granted, the exemptions
                                                    the close of the comment period.                           Mr. Thomas, 50, holds a class A CDL                 would enable these individuals who
                                                                                                             in Georgia.                                           have had one or more seizures and are
                                                    Viewing Comments and Documents
                                                                                                                                                                   taking anti-seizure medication to
                                                       To view comments, go to                               Request for Comments                                  operate CMVs for up to 2 years in
                                                    www.regulations.gov and in the search                       In accordance with 49 U.S.C. 31136(e)              interstate commerce.
                                                    box insert the docket number ‘‘FMCSA–                    and 31315(b)(4), FMCSA requests public                DATES: Comments must be received on
                                                    2014–0385’’ and click ‘‘Search.’’ Next,                  comment from all interested persons on                or before August 12, 2015.
                                                    click ‘‘Open Docket Folder’’ and you                     the exemption petitions described in                  ADDRESSES: You may submit comments
                                                    will find all documents and comments                     this notice. The Agency will consider all             bearing the Federal Docket Management
                                                    related to the proposed rulemaking.                      comments received before the close of                 System (FDMS) Docket ID FMCSA–
                                                    Information on Individual Applicants                     business August 12, 2015. Comments                    2015–0116 using any of the following
                                                                                                             will be available for examination in the              methods:
                                                    Dean J. Bobis                                            docket at the location listed under the                  • Federal eRulemaking Portal: Go to
                                                       Mr. Bobis, 38, holds an operator’s                    ADDRESSES section of this notice. The                 www.regulations.gov. Follow the on-line
                                                    license in Arizona.                                      Agency will file comments received                    instructions for submitting comments.
                                                                                                             after the comment closing date in the                    • Mail: Docket Management Facility;
                                                    Keith A. Byrd                                            public docket, and will consider them to              U.S. Department of Transportation, 1200
                                                       Mr. Byrd, 52, holds an operator’s                     the extent practicable. In addition to late           New Jersey Avenue SE., West Building
                                                    license in New Jersey.                                   comments, FMCSA will also continue to                 Ground Floor, Room W12–140,
                                                                                                             file, in the public docket, relevant                  Washington, DC 20590–0001.
                                                    Jeffrey D. Cottom                                        information that becomes available after                 • Hand Delivery or Courier: West
                                                      Mr. Cottom, 24, holds a class A CDL                    the comment closing date. Interested                  Building Ground Floor, Room W12–140,
                                                    in Ohio.                                                 persons should monitor the public                     1200 New Jersey Avenue SE.,
                                                                                                             docket for new material.                              Washington, DC, between 9 a.m. and 5
                                                    Harold Richard Deavers                                                                                         p.m., Monday through Friday, except
                                                                                                               Issued on: July 1, 2015.
                                                      Mr. Deavers, 56, holds a class B CDL                   Larry W. Minor,
                                                                                                                                                                   Federal Holidays.
                                                    in West Virginia.                                                                                                 • Fax: 1–202–493–2251.
                                                                                                             Associate Administrator for Policy.
                                                                                                                                                                      Each submission must include the
                                                    Charles James Heikkinen                                  [FR Doc. 2015–17024 Filed 7–10–15; 8:45 am]           Agency name and the docket ID for this
                                                      Mr. Heikkinen, 34, holds a
                                                                                                             BILLING CODE 4910–EX–P                                Notice. Note that DOT posts all
                                                    Chauffeur’s license Michigan.                                                                                  comments received without change to
                                                                                                                                                                   www.regulations.gov, including any
                                                    Emil Atanassov Iontchev                                  DEPARTMENT OF TRANSPORTATION                          personal information included in a
                                                       Mr. Iontchev, 34, holds an operator’s                 Federal Motor Carrier Safety                          comment. Please see the Privacy Act
                                                    license in Illinois.                                     Administration                                        heading below.
                                                                                                                                                                      Docket: For access to the docket to
                                                    Amy Marie Ivins                                          [Docket No. FMCSA–2015–0116]                          read background documents or
                                                       Ms. Ivins, 37, holds an operator’s                                                                          comments, go to www.regulations.gov,
                                                                                                             Qualification of Drivers; Exemption                   at any time or Room W12–140 on the
                                                    license in Nebraska.
                                                                                                             Applications; Epilepsy and Seizure                    ground level of the West Building, 1200
                                                    William Kevin Jones                                      Disorders                                             New Jersey Avenue SE., Washington,
                                                       Mr. Jones, 67, holds an operator’s                    AGENCY: Federal Motor Carrier Safety                  DC, between 9 a.m. and 5 p.m., Monday
                                                    license in Minnesota.                                    Administration (FMCSA), DOT.                          through Friday, except Federal holidays.
                                                                                                             ACTION: Notice of applications for
                                                                                                                                                                   The FDMS is available 24 hours each
                                                    Anthony Michael Maginity                                                                                       day, 365 days each year. If you want
                                                                                                             exemptions; request for comments.
                                                       Mr. Maginity, 24, holds an operator’s                                                                       acknowledgment that we received your
                                                    license in Iowa.                                         SUMMARY:   FMCSA announces receipt of                 comments, please include a self-
                                                                                                             applications from 21 individuals for an               addressed, stamped envelope or
                                                    Jerrell M. McCrary                                       exemption from the prohibition against                postcard or print the acknowledgement
                                                       Mr. McCrary, 50, holds an operator’s                  persons with a clinical diagnosis of                  page that appears after submitting
                                                    license in North Carolina.                               epilepsy or any other condition that is               comments on-line.
                                                                                                             likely to cause a loss of consciousness                  Privacy Act: In accordance with 5
                                                    Frank P. Oakley, II                                      or any loss of ability to operate a                   U.S.C. 553(c), DOT solicits comments
                                                       Mr. Oakley, 46, holds an operator’s                   commercial motor vehicle (CMV) in                     from the public to better inform its
                                                    license in Georgia.                                      interstate commerce. The regulation and               rulemaking process. DOT posts these
                                                                                                             the associated advisory criteria                      comments, without edit, including any
                                                    David Antrez Presley                                     published in the Code of Federal                      personal information the commenter
                                                       Mr. Presley, 34, holds an operator’s                  Regulations as the ‘‘Instructions for                 provides, to www.regulations.gov, as
                                                    license in Georgia.                                      Performing and Recording Physical                     described in the system records notice
asabaliauskas on DSK5VPTVN1PROD with NOTICES




                                                                                                             Examinations’’ have resulted in                       (DOT/ALL–14 FDMS), which can be
                                                    Patricia L. Stephens                                                                                           reviewed at www.dot.gov/privacy.
                                                                                                             numerous drivers being prohibited from
                                                       Ms. Stephens, 44, holds an operator’s                 operating CMVs in interstate commerce                 FOR FURTHER INFORMATION CONTACT:
                                                    license in Nebraska.                                     based on the fact that they have had one              Charles A. Horan, III, Director, Office of
                                                                                                             or more seizures and are taking anti-                 Carrier, Driver and Vehicle Safety, (202)
                                                    Jason D. Swearington
                                                                                                             seizure medication, rather than an                    366–4001, or via email at
                                                      Mr. Swearington, 28, holds an                          individual analysis of their                          fmcsamedical@dot.gov, or by letter to
                                                    operator’s license in Texas.                             circumstances by a qualified medical                  FMCSA, Room W64–113, Department of


                                               VerDate Sep<11>2014   19:27 Jul 10, 2015   Jkt 235001   PO 00000   Frm 00136   Fmt 4703   Sfmt 4703   E:\FR\FM\13JYN1.SGM   13JYN1


                                                    40128                           Federal Register / Vol. 80, No. 133 / Monday, July 13, 2015 / Notices

                                                    Transportation, 1200 New Jersey                            Drivers who have a history of                       frequency remaining the same since that
                                                    Avenue SE., Washington, DC 20590–                        epilepsy/seizures, off anti-seizure                   time. If granted the exemption, he
                                                    0001. Office hours are from 8:30 a.m. to                 medication and seizure-free for 10 years,             would like to drive a CMV. His
                                                    5 p.m., Monday through Friday, except                    may be qualified to operate a CMV in                  physician states that he is supportive of
                                                    Federal holidays.                                        interstate commerce. Interstate drivers               Mr. Brown receiving an exemption.
                                                    SUPPLEMENTARY INFORMATION:                               with a history of a single unprovoked
                                                                                                                                                                   Leo Arnold Burns
                                                                                                             seizure may be qualified to drive a CMV
                                                    Background                                               in interstate commerce if seizure-free                   Mr. Burns is a 59 year-old driver in
                                                       Under 49 U.S.C. 31315 and 31136(e),                   and off anti-seizure medication for a 5-              Nevada. He has a history of a seizure
                                                    FMCSA may grant an exemption for up                      year period or more.                                  disorder and has remained seizure free
                                                    to a 2-year period if it finds ‘‘such                                                                          since 2010. He takes anti-seizure
                                                                                                             Submitting Comments                                   medication with the dosage and
                                                    exemption would likely achieve a level
                                                    of safety that is equivalent to or greater                  You may submit your comments and                   frequency remaining the same since
                                                    than the level that would be achieved                    material online or by fax, mail, or hand              March 2015. If granted the exemption,
                                                    absent such exemption.’’ The statutes                    delivery, but please use only one of                  he would like to drive a CMV. His
                                                    allow the Agency to renew exemptions                     these means. FMCSA recommends that                    physician states that he is supportive of
                                                    at the end of the 2-year period. The 21                  you include your name and a mailing                   Mr. Burns receiving an exemption.
                                                    individuals listed in this notice have                   address, an email address, or a phone
                                                                                                                                                                   Daniel Dellaserra
                                                    requested an exemption from the                          number in the body of your document
                                                    epilepsy prohibition in 49 CFR                           so that FMCSA can contact you if there                   Mr. Dellaserra is a 54 year-old class A
                                                    391.41(b)(8), which applies to drivers                   are questions regarding your                          CDL holder in California. He has a
                                                    who operate CMVs as defined in 49 CFR                    submission. To submit your comment                    history of seizures and has remained
                                                    390.5, in interstate commerce. Section                   online, go to http://www.regulations.gov              seizure free since 1998. He takes anti-
                                                    391.41(b)(8) states that a person is                     and in the search box insert the docket               seizure medication with the dosage and
                                                    physically qualified to drive a CMV if                   number ‘‘FMCSA–2015–0116’’ and click                  frequency remaining the same since that
                                                    that person has no established medical                   the search button. When the new screen                time. If granted the exemption, he
                                                    history or clinical diagnosis of epilepsy                appears, click on the blue ‘‘Comment                  would like to drive a CMV. His
                                                    or any other condition which is likely                   Now!’’ button on the right hand side of               physician states that he is supportive of
                                                    to cause the loss of consciousness or any                the page. On the new page, enter                      Mr. Dellaserra receiving an exemption.
                                                    loss of ability to control a CMV.                        information required including the                    Rodney Lee Ericson
                                                       FMCSA provides medical advisory                       specific section of this document to
                                                                                                             which each comment applies, and                          Mr. Ericson is a 51 year-old class A
                                                    criteria for use by medical examiners in                                                                       CDL holder in Iowa. He has a history of
                                                    determining whether drivers with                         provide a reason for each suggestion or
                                                                                                             recommendation. If you submit your                    epilepsy and has remained seizure free
                                                    certain medical conditions should be                                                                           since 2010. He takes anti-seizure
                                                    certified to operate CMVs in intrastate                  comments by mail or hand delivery,
                                                                                                             submit them in an unbound format, no                  medication with the dosage and
                                                    commerce. The advisory criteria                                                                                frequency remaining the same since that
                                                    indicate that if an individual has had a                 larger than 81⁄2 by 11 inches, suitable for
                                                                                                             copying and electronic filing. If you                 time. If granted the exemption, he
                                                    sudden episode of a non-epileptic                                                                              would like to drive a CMV. His
                                                    seizure or loss of consciousness of                      submit comments by mail and would
                                                                                                             like to know that they reached the                    physician states that he is supportive of
                                                    unknown cause that did not require                                                                             Mr. Ericson receiving an exemption.
                                                    anti-seizure medication, the decision                    facility, please enclose a stamped, self-
                                                    whether that person’s condition is likely                addressed postcard or envelope.                       Kristopher Alan Fraser
                                                    to cause the loss of consciousness or                       We will consider all comments and
                                                                                                             material received during the comment                    Mr. Fraser is a 31 year-old driver in
                                                    loss of ability to control a CMV should                                                                        Washington. He has a history of
                                                    be made on an individual basis by the                    period and may change this proposed
                                                                                                             rule based on your comments. FMCSA                    epilepsy and has remained seizure free
                                                    medical examiner in consultation with                                                                          since 2007. He takes anti-seizure
                                                    the treating physician. Before                           may issue a final rule at any time after
                                                                                                             the close of the comment period.                      medication with a change in dosage in
                                                    certification is considered, it is                                                                             October 2014. If granted the exemption,
                                                    suggested that a 6-month waiting period                  Viewing Comments and Documents                        he would like to drive a CMV. His
                                                    elapse from the time of the episode.                                                                           physician states that he is not
                                                    Following the waiting period, it is                         To view comments, as well as any
                                                                                                             documents mentioned in this preamble,                 supportive of Mr. Fraser receiving an
                                                    suggested that the individual have a                                                                           exemption.
                                                    complete neurological examination. If                    To submit your comment online, go to
                                                    the results of the examination are                       http://www.regulations.gov and in the                 Todd A. Fuller
                                                    negative and anti-seizure medication is                  search box insert the docket number
                                                                                                                                                                      Mr. Fuller is a 45 year-old driver in
                                                    not required, then the driver may be                     ‘‘FMCSA–2015–0116’’ and click
                                                                                                                                                                   Pennsylvania. He has a history of a
                                                    qualified.                                               ‘‘Search.’’ Next, click ‘‘Open Docket
                                                                                                                                                                   seizure in January 2014. He takes anti-
                                                       In those individual cases where a                     Folder’’ and you will find all documents
                                                                                                                                                                   seizure medication with the dosage and
                                                    driver had a seizure or an episode of                    and comments related to the proposed
                                                                                                                                                                   frequency remaining the same since that
                                                    loss of consciousness that resulted from                 rulemaking.
asabaliauskas on DSK5VPTVN1PROD with NOTICES




                                                                                                                                                                   time. If granted the exemption, he
                                                    a known medical condition (e.g., drug                    Summary of Applications                               would like to drive a CMV. His
                                                    reaction, high temperature, acute                                                                              physician states that he is supportive of
                                                    infectious disease, dehydration, or acute                William Howard Brown
                                                                                                                                                                   Mr. Fuller receiving an exemption.
                                                    metabolic disturbance), certification                      Mr. Brown is a 58 year-old class A
                                                    should be deferred until the driver has                  CDL holder in North Carolina. He has a                Thomas A. Granese
                                                    recovered fully from that condition, has                 history of epilepsy and has remained                    Mr. Granese is a 70 year-old class A
                                                    no existing residual complications, and                  seizure free since 1999. He takes anti-               CDL holder in Massachusetts. He has a
                                                    is not taking anti-seizure medication.                   seizure medication with the dosage and                history of seizure disorder and has


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                                                                                    Federal Register / Vol. 80, No. 133 / Monday, July 13, 2015 / Notices                                                 40129

                                                    remained seizure free since 2003. He                     physician states that he is supportive of             takes anti-seizure medication with the
                                                    takes anti-seizure medication with the                   Mr. Hilmer receiving an exemption.                    dosage and frequency remaining the
                                                    dosage and frequency remaining the                                                                             same since that time. If granted the
                                                                                                             Dennis Edward Klamm
                                                    same since 2010. If granted the                                                                                exemption, he would like to drive a
                                                    exemption, he would like to drive a                        Mr. Klamm is a 52 year-old class C                  CMV. His physician states that he is
                                                    CMV. His physician states that he is                     CDL holder in Minnesota. He has a                     supportive of Mr. Phillips receiving an
                                                    supportive of Mr. Granese receiving an                   history of a seizure disorder and has                 exemption.
                                                    exemption.                                               remained seizure free since 1987. He
                                                                                                             takes anti-seizure medication with the                David T. Pomianek, Jr.
                                                    Paul E. Granger                                          dosage and frequency remaining the                       Mr. Pomianek is a 37 year-old class A
                                                       Mr. Granger is a 50 year-old chauffeur                same since that time. If granted the                  CDL holder in New Jersey. He has a
                                                    license holder in Michigan. He has a                     exemption, he would like to drive a                   history of epilepsy and has remained
                                                    history of a seizure disorder and has                    CMV. His physician states that he is                  seizure free since 2011. He takes anti-
                                                    remained seizure free since 1987. He                     supportive of Mr. Klamm receiving an                  seizure medication with the dosage and
                                                    takes anti-seizure medication with the                   exemption.                                            frequency remaining the same since that
                                                    dosage and frequency remaining the                                                                             time. If granted the exemption, he
                                                                                                             Victor John Martinez                                  would like to drive a CMV. His
                                                    same since that time. If granted the
                                                    exemption, she would like to drive a                       Mr. Martinez is a 26 year-old driver in             physician states that he is supportive of
                                                    CMV. His physician states that he is                     California. He has a history of epilepsy              Mr. Pomianek receiving an exemption.
                                                    supportive of Mr. Granger receiving an                   and suffered a seizure in December
                                                                                                             2013. He underwent a left temporal                    Gregory Roy Schaefer
                                                    exemption.
                                                                                                             craniotomy and lobectomy in 2013. He                     Mr. Schaefer is a 46 year-old driver in
                                                    Charles Terrell Gray                                     takes anti-seizure medication with the                Texas. He has a history of a single
                                                                                                             dosage and frequency remaining the                    seizure in June 2014. He takes anti-
                                                       Mr. Gray is a 69 year-old driver in
                                                                                                             same since that time. If granted the                  seizure medication with the dosage and
                                                    Oklahoma. He has a history of a single
                                                                                                             exemption, he would like to drive a                   frequency remaining the same since that
                                                    unprovoked seizure and has remained
                                                                                                             CMV.                                                  time. If granted the exemption, he
                                                    seizure free since 1993. He takes anti-
                                                                                                                                                                   would like to drive a CMV. His
                                                    seizure medication with the dosage and                   Sean Michael Monroe                                   physician states that he is supportive of
                                                    frequency remaining the same since that
                                                                                                               Mr. Monroe is a 42 year-old driver in               Mr. Schaefer receiving an exemption.
                                                    time. If granted the exemption, he
                                                                                                             Virginia. He has a history of epilepsy
                                                    would like to drive a CMV. His                                                                                 Maciej Skrzyniarz
                                                                                                             and has remained seizure free since
                                                    physician states that he is supportive of                                                                         Mr. Skrzyniarz is a 28 year-old class
                                                                                                             2011. He takes anti-seizure medication
                                                    Mr. Gray receiving an exemption.                                                                               A CDL holder in Illinois. He has a
                                                                                                             with the dosage and frequency
                                                    David Allen Griggs                                       remaining the same since that time. If                history of a single seizure in February
                                                                                                             granted the exemption, he would like to               2014 associated with alcohol
                                                      Mr. Griggs is a 55 year-old class A                                                                          consumption. He takes anti-seizure
                                                                                                             drive a CMV. His physician states that
                                                    CDL holder in Minnesota. He has a                                                                              medication with the dosage and
                                                                                                             he is supportive of Mr. Monroe
                                                    history of a seizure disorder and has                                                                          frequency remaining the same since that
                                                                                                             receiving an exemption.
                                                    remained seizure free since 1987. He                                                                           time. If granted the exemption, he
                                                    takes anti-seizure medication with the                   Christina L. Petti                                    would like to drive a CMV. His
                                                    dosage and frequency remaining the                          Ms. Petti is a 45 year-old class B CDL             physician states that he is supportive of
                                                    same since April 2013. If granted the                    holder in New Jersey. She has a history               Mr. Skrzyniarz receiving an exemption.
                                                    exemption, he would like to drive a                      of a seizure disorder and has remained
                                                    CMV. His physician states that he is                                                                           Request for Comments
                                                                                                             seizure free since 1985. She takes anti-
                                                    supportive of Mr. Griggs receiving an                    seizure medication with the dosage and                  In accordance with 49 U.S.C. 31315
                                                    exemption.                                               frequency remaining the same since that               and 31136(e), FMCSA requests public
                                                    Howard Pearce Hill                                       time. If granted the exemption, she                   comment from all interested persons on
                                                                                                             would like to drive a CMV. Her                        the exemption applications described in
                                                       Mr. Hill is a 67 year-old class A CDL                 physician states that he is supportive of             this notice. We will consider all
                                                    holder in Georgia. He has a history of a                 Ms. Petti receiving an exemption.                     comments received before the close of
                                                    seizure disorder and has remained                                                                              business on the closing date indicated
                                                    seizure free since 1990. He takes anti-                  Robert H. Philley                                     earlier in the notice.
                                                    seizure medication with the dosage and                      Mr. Philley is a 47 year-old driver in               Issued on: July 1, 2015.
                                                    frequency remaining the same since                       California. He has a history of a seizure             Larry W. Minor,
                                                    January 2015. If granted the exemption,                  disorder and has remained seizure free                Associate Administrator for Policy.
                                                    he would like to drive a CMV. His                        since 2013. He takes anti-seizure                     [FR Doc. 2015–17022 Filed 7–10–15; 08:45 am]
                                                    physician states that he is supportive of                medication with the dosage and
                                                                                                                                                                   BILLING CODE 4910–EX–P
                                                    Mr. Hill receiving an exemption.                         frequency remaining the same since that
                                                    Eric A. Hilmer                                           time. If granted the exemption, he
asabaliauskas on DSK5VPTVN1PROD with NOTICES




                                                                                                             would like to drive a CMV. His                        DEPARTMENT OF TRANSPORTATION
                                                       Mr. Hilmer is a 39 year-old class A                   physician states that he is supportive of
                                                    CDL holder in Wisconsin. He has a                        Mr. Philley receiving an exemption.                   Federal Railroad Administration
                                                    history of epilepsy and has remained
                                                    seizure free since 2007. He takes anti-                  Christopher L. Phillips                               [Docket Number FRA–2015–0059]
                                                    seizure medication with the dosage and                     Mr. Phillips is a 46 year-old class A
                                                                                                                                                                   Petition for Waiver of Compliance
                                                    frequency remaining the same since that                  CDL holder in Pennsylvania. He has a
                                                    time. If granted the exemption, he                       history of a seizure disorder and has                   In accordance with Part 211 of Title
                                                    would like to drive a CMV. His                           remained seizure free since 1989. He                  49 of the Code of Federal Regulations


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Document Created: 2018-02-23 09:17:53
Document Modified: 2018-02-23 09:17:53
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 exemptions; request for comments.
DatesComments must be received on or before August 12, 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 40127 

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