80_FR_48561 80 FR 48406 - Qualification of Drivers; Exemption Applications; Epilepsy and Seizure Disorders

80 FR 48406 - Qualification of Drivers; Exemption Applications; Epilepsy and Seizure Disorders

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration

Federal Register Volume 80, Issue 155 (August 12, 2015)

Page Range48406-48408
FR Document2015-19797

FMCSA announces receipt of applications from 12 individuals for an exemption from the prohibition against persons with a clinical diagnosis of epilepsy or any other condition that is likely to cause a loss of consciousness or any loss of ability to operate a commercial motor vehicle (CMV) in interstate commerce. The regulation and the associated advisory criteria published in the Code of Federal Regulations as the ``Instructions for Performing and Recording Physical Examinations'' have resulted in numerous drivers being prohibited from operating CMVs in interstate commerce based on the fact that they have had one or more seizures and are taking anti-seizure medication, rather than an individual analysis of their circumstances by a qualified medical examiner. If granted, the exemptions would enable these individuals who have had one or more seizures and are taking anti- seizure medication to operate CMVs for up to 2 years in interstate commerce.

Federal Register, Volume 80 Issue 155 (Wednesday, August 12, 2015)
[Federal Register Volume 80, Number 155 (Wednesday, August 12, 2015)]
[Notices]
[Pages 48406-48408]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-19797]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2015-0117]


Qualification of Drivers; Exemption Applications; Epilepsy and 
Seizure Disorders

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

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

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

SUMMARY: FMCSA announces receipt of applications from 12 individuals 
for an exemption from the prohibition against persons with a clinical 
diagnosis of epilepsy or any other condition that is likely to cause a 
loss of consciousness or any loss of ability to operate a commercial 
motor vehicle (CMV) in interstate commerce. The regulation and the 
associated advisory criteria published in the Code of Federal 
Regulations as the ``Instructions for Performing and Recording Physical 
Examinations'' have resulted in numerous drivers being prohibited from 
operating CMVs in interstate commerce based on the fact that they have 
had one or more seizures and are taking anti-seizure medication, rather 
than an individual analysis of their circumstances by a qualified 
medical examiner. If granted, the exemptions would enable these 
individuals who have had one or more seizures and are taking anti-
seizure medication to operate CMVs for up to 2 years in interstate 
commerce.

DATES: Comments must be received on or before September 11, 2015.

ADDRESSES: You may submit comments bearing the Federal Docket 
Management System (FDMS) Docket ID FMCSA-2015-0117 using any of the 
following methods:
     Federal eRulemaking Portal: Go to www.regulations.gov. 
Follow the on-line instructions for submitting comments.
     Mail: Docket Management Facility; U.S. Department of 
Transportation, 1200 New Jersey Avenue SE., West Building Ground Floor, 
Room W12-140, Washington, DC 20590-0001.
     Hand Delivery or Courier: West Building Ground Floor, Room 
W12-140, 1200 New Jersey Avenue SE., Washington, DC, between 9 a.m. and 
5 p.m., Monday through Friday, except Federal holidays.
     Fax: 1-202-493-2251.
    Each submission must include the Agency name and the docket ID for 
this Notice. Note that DOT posts all comments received without change 
to www.regulations.gov, including any personal information included in 
a comment. Please see the Privacy Act heading below.
    Docket: For access to the docket to read background documents or 
comments, go to www.regulations.gov, at any time or Room W12-140 on the 
ground level of the West Building, 1200 New Jersey Avenue SE., 
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, 
except Federal holidays. The FDMS is available 24 hours each day, 365 
days each year. If you want acknowledgment that we received your 
comments, please include a self-addressed, stamped envelope or postcard 
or print the acknowledgement page that appears after submitting 
comments on-line.
    Privacy Act: In accordance with 5 U.S.C. 553(c), DOT solicits 
comments from the public to better inform its rulemaking process. DOT 
posts these comments, without edit, including any personal information 
the commenter provides, to www.regulations.gov, as described in the 
system records notice (DOT/ALL-14 FDMS), which can be reviewed at 
www.dot.gov/privacy.

FOR FURTHER INFORMATION CONTACT: Charles A. Horan, III, Director, 
Office of Carrier, Driver and Vehicle Safety, (202) 366-4001, or via 
email at [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

    Under 49 U.S.C. 31315 and 31136(e), FMCSA may grant an exemption 
for up to a 2-year period if it finds ``such exemption would likely 
achieve a level of safety that is equivalent to or greater than the 
level that would be achieved absent such exemption.'' The statutes 
allow the Agency to renew exemptions at the end of the 2-year period. 
The 12 individuals listed in this notice have requested an exemption 
from the epilepsy prohibition in 49 CFR 391.41(b)(8), which applies to 
drivers who operate CMVs as defined in 49 CFR 390.5, in interstate 
commerce. Section 391.41(b)(8) states that a person is physically 
qualified to drive a CMV if that person has no established medical 
history or clinical diagnosis of epilepsy or any other condition which 
is likely to cause the loss of consciousness or any loss of ability to 
control a CMV.
    FMCSA provides medical advisory criteria for use by medical 
examiners in determining whether drivers with certain medical 
conditions should be certified to operate CMVs in intrastate commerce. 
The advisory criteria indicate that if an individual has had a sudden 
episode of a non-epileptic seizure or loss of consciousness of unknown 
cause that did not require anti-seizure medication, the decision 
whether that person's condition is likely to cause the loss of 
consciousness or loss of ability to control a CMV should be made on an 
individual basis by the medical examiner in consultation with the 
treating physician. Before certification is considered, it is suggested 
that a 6-month waiting period elapse from the time of the episode. 
Following the waiting period, it is suggested that the individual have 
a complete neurological examination. If the results of the examination 
are negative and anti-seizure medication is not required, then the 
driver may be qualified.
    In those individual cases where a driver had a seizure or an 
episode of loss of consciousness that resulted from a known medical 
condition (e.g., drug reaction, high temperature, acute infectious 
disease, dehydration, or acute metabolic disturbance), certification 
should be deferred until the driver has recovered fully from that 
condition, has no existing residual complications, and is not taking 
anti-seizure medication. Drivers who have a history of epilepsy/
seizures, off anti-seizure medication and seizure-free for 10 years, 
may be qualified to operate a CMV in interstate commerce. Interstate 
drivers with a history of a single unprovoked seizure may be qualified 
to drive a CMV in

[[Page 48407]]

interstate commerce if seizure-free and off anti-seizure medication for 
a 5-year period or more.

Submitting Comments

    You may submit your comments and material online or by fax, mail, 
or hand delivery, but please use only one of these means. FMCSA 
recommends that you include your name and a mailing address, an email 
address, or a phone number in the body of your document so that FMCSA 
can contact you if there are questions regarding your submission. To 
submit your comment online, go to http://www.regulations.gov and in the 
search box insert the docket number ``FMCSA-2015-0117'' and click the 
search button. When the new screen appears, click on the blue ``Comment 
Now!'' button on the right hand side of the page. On the new page, 
enter information required including the specific section of this 
document to which each comment applies, and provide a reason for each 
suggestion or recommendation. If you submit your comments by mail or 
hand delivery, submit them in an unbound format, no larger than 8\1/2\ 
by 11 inches, suitable for copying and electronic filing. If you submit 
comments by mail and would like to know that they reached the facility, 
please enclose a stamped, self-addressed postcard or envelope.
    We will consider all comments and material received during the 
comment period and may change this proposed rule based on your 
comments. FMCSA may issue a final rule at any time after the close of 
the comment period.

Viewing Comments and Documents

    To view comments, as well as any documents mentioned in this 
preamble, To submit your comment online, go to http://www.regulations.gov and in the search box insert the docket number 
``FMCSA-2015-0117'' and click ``Search.'' Next, click ``Open Docket 
Folder'' and you will find all documents and comments related to the 
proposed rulemaking.

Summary of Applications

Nicholes Arroyo

    Mr. Arroyo is a 33 year-old driver in New Jersey. He has a history 
of epilepsy and has remained seizure free for one year. He takes anti-
seizure medication with the dosage and frequency remaining the same 
since 2006. If granted the exemption, he would like to drive a CMV. His 
physician states that he is supportive of Mr. Arroyo receiving an 
exemption.

Eric Joseph Barnwell

    Mr. Barnwell is a 43 year-old class A CDL holder in Michigan. He 
has a history of a seizure disorder and has remained seizure free since 
1990. He takes anti-seizure medication with the dosage and frequency 
remaining the same since that time. If granted the exemption, he would 
like to drive a CMV. His physician states that he is supportive of Mr. 
Barnwell receiving an exemption.

Kevin Scott Brelsford

    Mr. Brelsford is a 40 year-old class A CDL holder in Maine. He has 
a history of epilepsy and has remained seizure free since 2010. He 
takes anti-seizure medication with the dosage and frequency remaining 
the same since that time. If granted the exemption, he would like to 
drive a CMV. His physician states that he is supportive of Mr. Brelsord 
receiving an exemption.

Jason S. Coleman

    Mr. Coleman is a 43 year-old driver in New Jersey. He has a history 
of a seizure disorder and has remained seizure free since 1994. He 
takes anti-seizure medication with the dosage and frequency remaining 
the same since that time. If granted the exemption, he would like to 
drive a CMV. His physician states that he is supportive of Mr. Coleman 
receiving an exemption.

Donald Adin Horst

    Mr. Horst is a 65 year-old driver in Maryland. He has a history of 
a single seizure in 2009. He takes anti-seizure medication with the 
dosage and frequency remaining the same since that time. If granted the 
exemption, he would like to drive a CMV. His physician states that he 
is supportive of Mr. Horst receiving an exemption.

Bradley Jolley

    Mr. Jolley is a 40 year-old driver in New Jersey. He has a history 
of epilepsy and has remained seizure free since 2006. He takes anti-
seizure medication with the dosage and frequency remaining the same 
since that time. If granted the exemption, he would like to drive a 
CMV. His physician states that he is supportive of Mr. Jolley receiving 
an exemption.

Charles A. McCarthy III

    Mr. McCarthy is a 68 year-old class B CDL holder in Massachusetts. 
He has a history of a single seizure in 1998. He takes anti-seizure 
medication with the dosage and frequency remaining the same since 2013. 
If granted the exemption, he would like to drive a CMV. His physician 
states that he is supportive of Mr. McCarthy receiving an exemption.

Paul Eric Ray

    Mr. Ray is a 49 year-old driver in Iowa. He has a history of 
epilepsy and has remained seizure free since 2006, although he 
experiences stereotypical auras. He takes anti-seizure medication with 
the dosage and frequency remaining the same since 2013. If granted the 
exemption, he would like to drive a CMV. His physician states that he 
is supportive of Mr. Ray receiving an exemption.

 Randy P. Schuelke

    Mr. Schuelke is a 54 year-old class A CDL holder in Wisconsin. He 
has a history of epilepsy and has remained seizure free since 2004. He 
takes anti-seizure medication with the dosage and frequency remaining 
the same since that time. If granted the exemption, he would like to 
drive a CMV. His physician states that he is supportive of Mr. Schuelke 
receiving an exemption.

Eric Lee Troendle

    Mr. Troendle is a 38 year-old class A CDL holder in Iowa. He has a 
history of a brain tumor and has remained seizure free since 2014. He 
takes anti-seizure medication with the dosage and frequency remaining 
the same since that time. If granted the exemption, he would like to 
drive a CMV. His physician states that he is supportive of Mr. Troendle 
receiving an exemption.

Brian J. Underwood

    Mr. Underwood is a 42 year-old class A CDL holder in Ohio. He has a 
history of epilepsy and has remained seizure free since 2003. He takes 
anti-seizure medication with the dosage and frequency remaining the 
same since 2013. If granted the exemption, he would like to drive a 
CMV. His physician states that he is supportive of Mr. Underwood 
receiving an exemption.

Cory R. Wagner

    Mr. Wagner is a 40 year-old class A CDL holder in Illinois. He has 
a history of epilepsy and has remained seizure free since 1997. He 
takes anti-seizure medication with the dosage and frequency remaining 
the same for over 2 years. If granted the exemption, he would like to 
drive a CMV. His physician states that he is supportive of Mr. Wagner 
receiving an exemption.

Request for Comments

    In accordance with 49 U.S.C. 31315 and 31136(e), FMCSA requests 
public comment from all interested persons on the exemption 
applications described in

[[Page 48408]]

this notice. We will consider all comments received before the close of 
business on the closing date indicated earlier in the notice.

    Issued on: July 28, 2015.
 Larry W. Minor,
 Associate Administrator for Policy.
[FR Doc. 2015-19797 Filed 8-11-15; 8:45 am]
 BILLING CODE 4910-EX-P



                                                  48406                      Federal Register / Vol. 80, No. 155 / Wednesday, August 12, 2015 / Notices

                                                     In accordance with 49 U.S.C. 31136(e)                ADDRESSES:   You may submit comments                  Background
                                                  and 31315, each exemption will be valid                 bearing the Federal Docket Management                    Under 49 U.S.C. 31315 and 31136(e),
                                                  for 2 years unless revoked earlier by                   System (FDMS) Docket ID FMCSA–                        FMCSA may grant an exemption for up
                                                  FMCSA. The exemption will be revoked                    2015–0117 using any of the following                  to a 2-year period if it finds ‘‘such
                                                  if: (1) The person fails to comply with                 methods:                                              exemption would likely achieve a level
                                                  the terms and conditions of the                            • Federal eRulemaking Portal: Go to                of safety that is equivalent to or greater
                                                  exemption; (2) the exemption has                        www.regulations.gov. Follow the on-line               than the level that would be achieved
                                                  resulted in a lower level of safety than                instructions for submitting comments.                 absent such exemption.’’ The statutes
                                                  was maintained before it was granted; or                   • Mail: Docket Management Facility;                allow the Agency to renew exemptions
                                                  (3) continuation of the exemption would                 U.S. Department of Transportation, 1200               at the end of the 2-year period. The 12
                                                  not be consistent with the goals and                    New Jersey Avenue SE., West Building                  individuals listed in this notice have
                                                  objectives of 49 U.S.C. 31136 and 31315.                Ground Floor, Room W12–140,                           requested an exemption from the
                                                     If the exemption is still effective at the           Washington, DC 20590–0001.                            epilepsy prohibition in 49 CFR
                                                  end of the 2-year period, the person may                                                                      391.41(b)(8), which applies to drivers
                                                  apply to FMCSA for a renewal under                         • Hand Delivery or Courier: West
                                                                                                          Building Ground Floor, Room W12–140,                  who operate CMVs as defined in 49 CFR
                                                  procedures in effect at that time.                                                                            390.5, in interstate commerce. Section
                                                                                                          1200 New Jersey Avenue SE.,
                                                    Issued on: August 6, 2015.                            Washington, DC, between 9 a.m. and 5                  391.41(b)(8) states that a person is
                                                  Larry W. Minor,                                         p.m., Monday through Friday, except                   physically qualified to drive a CMV if
                                                  Associate Administrator for Policy.                     Federal holidays.                                     that person has no established medical
                                                                                                                                                                history or clinical diagnosis of epilepsy
                                                  [FR Doc. 2015–19790 Filed 8–11–15; 8:45 am]                • Fax: 1–202–493–2251.
                                                  BILLING CODE 4910–EX–P
                                                                                                                                                                or any other condition which is likely
                                                                                                             Each submission must include the                   to cause the loss of consciousness or any
                                                                                                          Agency name and the docket ID for this                loss of ability to control a CMV.
                                                                                                          Notice. Note that DOT posts all                          FMCSA provides medical advisory
                                                  DEPARTMENT OF TRANSPORTATION                            comments received without change to                   criteria for use by medical examiners in
                                                  Federal Motor Carrier Safety                            www.regulations.gov, including any                    determining whether drivers with
                                                  Administration                                          personal information included in a                    certain medical conditions should be
                                                                                                          comment. Please see the Privacy Act                   certified to operate CMVs in intrastate
                                                                                                          heading below.                                        commerce. The advisory criteria
                                                  [Docket No. FMCSA–2015–0117]
                                                                                                             Docket: For access to the docket to                indicate that if an individual has had a
                                                  Qualification of Drivers; Exemption                     read background documents or                          sudden episode of a non-epileptic
                                                  Applications; Epilepsy and Seizure                      comments, go to www.regulations.gov,                  seizure or loss of consciousness of
                                                  Disorders                                               at any time or Room W12–140 on the                    unknown cause that did not require
                                                                                                          ground level of the West Building, 1200               anti-seizure medication, the decision
                                                  AGENCY: Federal Motor Carrier Safety                    New Jersey Avenue SE., Washington,                    whether that person’s condition is likely
                                                  Administration (FMCSA), DOT.                            DC, between 9 a.m. and 5 p.m., Monday                 to cause the loss of consciousness or
                                                  ACTION: Notice of applications for                      through Friday, except Federal holidays.              loss of ability to control a CMV should
                                                  exemptions; request for comments.                       The FDMS is available 24 hours each                   be made on an individual basis by the
                                                                                                          day, 365 days each year. If you want                  medical examiner in consultation with
                                                  SUMMARY:   FMCSA announces receipt of                   acknowledgment that we received your                  the treating physician. Before
                                                  applications from 12 individuals for an                 comments, please include a self-                      certification is considered, it is
                                                  exemption from the prohibition against                  addressed, stamped envelope or                        suggested that a 6-month waiting period
                                                  persons with a clinical diagnosis of                    postcard or print the acknowledgement                 elapse from the time of the episode.
                                                  epilepsy or any other condition that is                 page that appears after submitting                    Following the waiting period, it is
                                                  likely to cause a loss of consciousness                 comments on-line.                                     suggested that the individual have a
                                                  or any loss of ability to operate a                        Privacy Act: In accordance with 5                  complete neurological examination. If
                                                  commercial motor vehicle (CMV) in                       U.S.C. 553(c), DOT solicits comments                  the results of the examination are
                                                  interstate commerce. The regulation and                 from the public to better inform its                  negative and anti-seizure medication is
                                                  the associated advisory criteria                        rulemaking process. DOT posts these                   not required, then the driver may be
                                                  published in the Code of Federal                        comments, without edit, including any                 qualified.
                                                  Regulations as the ‘‘Instructions for                   personal information the commenter                       In those individual cases where a
                                                  Performing and Recording Physical                       provides, to www.regulations.gov, as                  driver had a seizure or an episode of
                                                  Examinations’’ have resulted in                         described in the system records notice                loss of consciousness that resulted from
                                                  numerous drivers being prohibited from                  (DOT/ALL–14 FDMS), which can be                       a known medical condition (e.g., drug
                                                  operating CMVs in interstate commerce                   reviewed at www.dot.gov/privacy.                      reaction, high temperature, acute
                                                  based on the fact that they have had one                                                                      infectious disease, dehydration, or acute
                                                  or more seizures and are taking anti-                   FOR FURTHER INFORMATION CONTACT:
                                                                                                                                                                metabolic disturbance), certification
                                                  seizure medication, rather than an                      Charles A. Horan, III, Director, Office of            should be deferred until the driver has
                                                  individual analysis of their                            Carrier, Driver and Vehicle Safety, (202)             recovered fully from that condition, has
                                                  circumstances by a qualified medical                    366–4001, or via email at                             no existing residual complications, and
                                                  examiner. If granted, the exemptions                    fmcsamedical@dot.gov, or by letter to
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                                                                                                                                is not taking anti-seizure medication.
                                                  would enable these individuals who                      FMCSA, Room W64–113, Department of                    Drivers who have a history of epilepsy/
                                                  have had one or more seizures and are                   Transportation, 1200 New Jersey                       seizures, off anti-seizure medication and
                                                  taking anti-seizure medication to                       Avenue SE., Washington, DC 20590–                     seizure-free for 10 years, may be
                                                  operate CMVs for up to 2 years in                       0001. Office hours are from 8:30 a.m. to              qualified to operate a CMV in interstate
                                                  interstate commerce.                                    5 p.m., Monday through Friday, except                 commerce. Interstate drivers with a
                                                  DATES: Comments must be received on
                                                                                                          Federal holidays.                                     history of a single unprovoked seizure
                                                  or before September 11, 2015.                           SUPPLEMENTARY INFORMATION:                            may be qualified to drive a CMV in


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                                                                             Federal Register / Vol. 80, No. 155 / Wednesday, August 12, 2015 / Notices                                           48407

                                                  interstate commerce if seizure-free and                 Eric Joseph Barnwell                                  supportive of Mr. McCarthy receiving an
                                                  off anti-seizure medication for a 5-year                  Mr. Barnwell is a 43 year-old class A               exemption.
                                                  period or more.                                         CDL holder in Michigan. He has a                      Paul Eric Ray
                                                  Submitting Comments                                     history of a seizure disorder and has
                                                                                                          remained seizure free since 1990. He                     Mr. Ray is a 49 year-old driver in
                                                                                                          takes anti-seizure medication with the                Iowa. He has a history of epilepsy and
                                                     You may submit your comments and
                                                                                                          dosage and frequency remaining the                    has remained seizure free since 2006,
                                                  material online or by fax, mail, or hand
                                                                                                          same since that time. If granted the                  although he experiences stereotypical
                                                  delivery, but please use only one of
                                                                                                          exemption, he would like to drive a                   auras. He takes anti-seizure medication
                                                  these means. FMCSA recommends that
                                                                                                          CMV. His physician states that he is                  with the dosage and frequency
                                                  you include your name and a mailing
                                                                                                          supportive of Mr. Barnwell receiving an               remaining the same since 2013. If
                                                  address, an email address, or a phone
                                                                                                          exemption.                                            granted the exemption, he would like to
                                                  number in the body of your document
                                                                                                                                                                drive a CMV. His physician states that
                                                  so that FMCSA can contact you if there                  Kevin Scott Brelsford                                 he is supportive of Mr. Ray receiving an
                                                  are questions regarding your
                                                                                                             Mr. Brelsford is a 40 year-old class A             exemption.
                                                  submission. To submit your comment
                                                  online, go to http://www.regulations.gov                CDL holder in Maine. He has a history                 Randy P. Schuelke
                                                  and in the search box insert the docket                 of epilepsy and has remained seizure
                                                                                                          free since 2010. He takes anti-seizure                   Mr. Schuelke is a 54 year-old class A
                                                  number ‘‘FMCSA–2015–0117’’ and click                                                                          CDL holder in Wisconsin. He has a
                                                                                                          medication with the dosage and
                                                  the search button. When the new screen                                                                        history of epilepsy and has remained
                                                                                                          frequency remaining the same since that
                                                  appears, click on the blue ‘‘Comment                                                                          seizure free since 2004. He takes anti-
                                                                                                          time. If granted the exemption, he
                                                  Now!’’ button on the right hand side of                                                                       seizure medication with the dosage and
                                                                                                          would like to drive a CMV. His
                                                  the page. On the new page, enter                                                                              frequency remaining the same since that
                                                                                                          physician states that he is supportive of
                                                  information required including the                                                                            time. If granted the exemption, he
                                                                                                          Mr. Brelsord receiving an exemption.
                                                  specific section of this document to                                                                          would like to drive a CMV. His
                                                  which each comment applies, and                         Jason S. Coleman                                      physician states that he is supportive of
                                                  provide a reason for each suggestion or                    Mr. Coleman is a 43 year-old driver in             Mr. Schuelke receiving an exemption.
                                                  recommendation. If you submit your                      New Jersey. He has a history of a seizure
                                                  comments by mail or hand delivery,                                                                            Eric Lee Troendle
                                                                                                          disorder and has remained seizure free
                                                  submit them in an unbound format, no                    since 1994. He takes anti-seizure                        Mr. Troendle is a 38 year-old class A
                                                  larger than 81⁄2 by 11 inches, suitable for             medication with the dosage and                        CDL holder in Iowa. He has a history of
                                                  copying and electronic filing. If you                   frequency remaining the same since that               a brain tumor and has remained seizure
                                                  submit comments by mail and would                       time. If granted the exemption, he                    free since 2014. He takes anti-seizure
                                                  like to know that they reached the                      would like to drive a CMV. His                        medication with the dosage and
                                                  facility, please enclose a stamped, self-               physician states that he is supportive of             frequency remaining the same since that
                                                  addressed postcard or envelope.                         Mr. Coleman receiving an exemption.                   time. If granted the exemption, he
                                                     We will consider all comments and                                                                          would like to drive a CMV. His
                                                                                                          Donald Adin Horst                                     physician states that he is supportive of
                                                  material received during the comment
                                                  period and may change this proposed                        Mr. Horst is a 65 year-old driver in               Mr. Troendle receiving an exemption.
                                                  rule based on your comments. FMCSA                      Maryland. He has a history of a single
                                                                                                                                                                Brian J. Underwood
                                                  may issue a final rule at any time after                seizure in 2009. He takes anti-seizure
                                                                                                          medication with the dosage and                           Mr. Underwood is a 42 year-old class
                                                  the close of the comment period.
                                                                                                          frequency remaining the same since that               A CDL holder in Ohio. He has a history
                                                  Viewing Comments and Documents                          time. If granted the exemption, he                    of epilepsy and has remained seizure
                                                                                                          would like to drive a CMV. His                        free since 2003. He takes anti-seizure
                                                     To view comments, as well as any                     physician states that he is supportive of             medication with the dosage and
                                                  documents mentioned in this preamble,                   Mr. Horst receiving an exemption.                     frequency remaining the same since
                                                  To submit your comment online, go to                                                                          2013. If granted the exemption, he
                                                  http://www.regulations.gov and in the                   Bradley Jolley                                        would like to drive a CMV. His
                                                  search box insert the docket number                       Mr. Jolley is a 40 year-old driver in               physician states that he is supportive of
                                                  ‘‘FMCSA–2015–0117’’ and click                           New Jersey. He has a history of epilepsy              Mr. Underwood receiving an exemption.
                                                  ‘‘Search.’’ Next, click ‘‘Open Docket                   and has remained seizure free since
                                                  Folder’’ and you will find all documents                2006. He takes anti-seizure medication                Cory R. Wagner
                                                  and comments related to the proposed                    with the dosage and frequency                            Mr. Wagner is a 40 year-old class A
                                                  rulemaking.                                             remaining the same since that time. If                CDL holder in Illinois. He has a history
                                                                                                          granted the exemption, he would like to               of epilepsy and has remained seizure
                                                  Summary of Applications                                                                                       free since 1997. He takes anti-seizure
                                                                                                          drive a CMV. His physician states that
                                                  Nicholes Arroyo                                         he is supportive of Mr. Jolley receiving              medication with the dosage and
                                                                                                          an exemption.                                         frequency remaining the same for over
                                                    Mr. Arroyo is a 33 year-old driver in                                                                       2 years. If granted the exemption, he
                                                  New Jersey. He has a history of epilepsy                Charles A. McCarthy III                               would like to drive a CMV. His
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                  and has remained seizure free for one                     Mr. McCarthy is a 68 year-old class B               physician states that he is supportive of
                                                  year. He takes anti-seizure medication                  CDL holder in Massachusetts. He has a                 Mr. Wagner receiving an exemption.
                                                  with the dosage and frequency                           history of a single seizure in 1998. He
                                                  remaining the same since 2006. If                       takes anti-seizure medication with the                Request for Comments
                                                  granted the exemption, he would like to                 dosage and frequency remaining the                      In accordance with 49 U.S.C. 31315
                                                  drive a CMV. His physician states that                  same since 2013. If granted the                       and 31136(e), FMCSA requests public
                                                  he is supportive of Mr. Arroyo receiving                exemption, he would like to drive a                   comment from all interested persons on
                                                  an exemption.                                           CMV. His physician states that he is                  the exemption applications described in


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                                                  48408                      Federal Register / Vol. 80, No. 155 / Wednesday, August 12, 2015 / Notices

                                                  this notice. We will consider all                       by the rule restricting the location of               Ford’s Application for Exemption
                                                  comments received before the close of                   exhaust systems on CMVs to ensure that                   Ford applied for an exemption from
                                                  business on the closing date indicated                  exhaust fumes will not affect the                     49 CFR 393.83 to allow motor carriers
                                                  earlier in the notice.                                  driver’s alertness or health or the health            to operate Ford-manufactured Transit-
                                                    Issued on: July 28, 2015.                             of passengers.                                        based CMVs that do not comply with
                                                  Larry W. Minor,                                         DATES: This exemption is effective                    the exhaust system location
                                                  Associate Administrator for Policy.                     August 12, 2015 and ending August 14,                 requirements. A copy of the application
                                                  [FR Doc. 2015–19797 Filed 8–11–15; 8:45 am]             2017.                                                 is included in the docket referenced at
                                                  BILLING CODE 4910–EX–P                                  FOR FURTHER INFORMATION CONTACT: Mr.                  the beginning of this notice.
                                                                                                          Luke Loy, Vehicle and Roadside                           Section 393.83, ‘‘Exhaust systems,’’
                                                                                                          Operations Division, Office of Carrier,               includes requirements regarding the
                                                  DEPARTMENT OF TRANSPORTATION                            Driver, and Vehicle Safety, MC–PSV,                   location of exhaust systems on CMVS to
                                                                                                          (202) 366–0676, Federal Motor Carrier                 ensure that exhaust fumes will not affect
                                                  Federal Motor Carrier Safety                            Safety Administration, 1200 New Jersey                the driver’s alertness or health or the
                                                  Administration                                          Avenue SE., Washington, DC 20590–                     health of passengers. Specifically,
                                                                                                          0001.                                                 § 393.83(c) states that ‘‘[t]he exhaust
                                                  [Docket No. FMCSA–2015–0111]                                                                                  system of a bus powered by a gasoline
                                                                                                             Docket: For access to the docket to                engine shall discharge to the
                                                  Parts and Accessories Necessary for                     read background documents or                          atmosphere at or within 6 inches
                                                  Safe Operation; Ford Motor Company                      comments submitted to notice                          forward of the rearmost part of the bus’’;
                                                  Application for an Exemption                            requesting public comments on the                     § 393.83(e) states that ‘‘[t]he exhaust
                                                                                                          exemption application, go to                          system of every truck and truck tractor
                                                  AGENCY: Federal Motor Carrier Safety
                                                                                                          www.regulations.gov at any time or visit              shall discharge to the atmosphere at a
                                                  Administration (FMCSA), DOT.
                                                                                                          Room W12–140 on the ground level of                   location to the rear of the cab or, if the
                                                  ACTION: Notice of final disposition.                    the West Building, 1200 New Jersey                    exhaust projects above the cab, at a
                                                  SUMMARY:   The Federal Motor Carrier                    Avenue SE., Washington, DC, between 9                 location near the rear of the cab.’’
                                                  Safety Administration (FMCSA)                           a.m. and 5 p.m., ET, Monday through                      Ford noted in its application that,
                                                  announces its decision to grant Ford                    Friday, except Federal holidays. The on-              while its Transit-based CMVs may not
                                                  Motor Company’s (Ford) exemption                        line Federal document management                      satisfy the specific exhaust system
                                                  application to allow motor carriers to                  system is available 24 hours each day,                location requirements of § 393.83, it has
                                                  operate Ford’s Transit-based                            365 days each year. The docket number                 several internal requirements applicable
                                                  commercial motor vehicles (CMVs) that                   is listed at the beginning of this notice.            to the design of the tailpipe system that
                                                  do not meet the exhaust system location                 SUPPLEMENTARY INFORMATION:                            ensure the system will provide high
                                                  requirements in the Federal Motor                                                                             levels of safety for its customers.
                                                                                                          Background
                                                  Carrier Safety Regulations (FMCSRs).                                                                          According to the application:
                                                  The FMCSRs require (1) the exhaust                         FMCSA has authority under 49 U.S.C.                  . . . Ford’s requirements address passenger
                                                  system of a bus powered by a gasoline                   31136(e) and 31315 to grant exemptions                compartment exhaust gas intrusion and
                                                  engine to discharge to the atmosphere at                from certain parts of the Federal Motor               management of high temperature
                                                  or within 6 inches forward of the                       Carrier Safety Regulations. FMCSA must                components. These requirements include
                                                  rearmost part of the bus and (2) the                    publish a notice of each exemption                    testing of the system and basic design
                                                  exhaust system of every truck and truck                 request in the Federal Register (49 CFR               requirements for the location of the tailpipe
                                                                                                                                                                in relation to underbody components like the
                                                  tractor to discharge to the atmosphere at               381.315(a)). The Agency must provide
                                                                                                                                                                brake lines and fuel lines.
                                                  a location to the rear of the cab or, if the            the public an opportunity to inspect the                Most significantly Ford uses internal
                                                  exhaust projects above the cab, at a                    information relevant to the application,              performance based tests that demonstrate the
                                                  location near the rear of the cab.                      including any safety analyses that have               system achieves a level of safety equivalent
                                                  Although the Ford Transit does not                      been conducted. The Agency must also                  to or greater than, the level of safety that
                                                  meet these requirements, it has                         provide an opportunity for public                     would be obtained by complying with the
                                                  undergone performance-based testing                     comment on the request.                               regulation. The main test of interest is the
                                                                                                                                                                Carbon Monoxide Concentration test. This
                                                  which demonstrates that the exhaust                        The Agency reviews safety analyses                 performance based test uses CO monitors at
                                                  system achieves a level of safety                       and public comments submitted, and                    various locations in the vehicle to measure
                                                  equivalent to or greater than the level of              determines whether granting the                       the concentration of CO ingress into the
                                                  safety that would be obtained by                        exemption would likely achieve a level                occupant compartment (from vehicles’ own
                                                  complying with the regulation. Ford                     of safety equivalent to, or greater than,             powertrain and exhaust system) under
                                                  performed carbon monoxide (CO)                          the level that would be achieved by the               various driving conditions including idle and
                                                  concentration tests which used CO                       current regulation (49 CFR 381.305).                  top speed.
                                                  monitors at various locations within the                The decision of the Agency must be                      Ford tested the 2015 model year
                                                  vehicle to measure the concentration of                 published in the Federal Register (49                 Transit in accordance with ‘‘Ford global
                                                  CO ingress into the occupant                            CFR 381.315(b)) with the reasons for                  common engineering test procedures,’’
                                                  compartment (from the vehicles’ own                     denying or granting the application and,              which limits carbon monoxide (CO)
                                                  powertrain and exhaust system) under                    if granted, the name of the person or                 levels to 27 parts-per-million (ppm) for
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                  various driving conditions including                    class of persons receiving the                        a 30 minute Time Weighted Average
                                                  idle and top speed. The tests showed                    exemption, and the regulatory provision               (TWA) during continuous driving. Ford
                                                  that the resulting CO concentration is                  from which the exemption is granted.                  stated that the 27 ppm limit is based on
                                                  below every threshold used by Federal                   The notice must also specify the                      the Environmental Protection Agency’s
                                                  agencies. FMCSA has concluded that                      effective period and explain the terms                (EPA) Acute Exposure Guideline Level
                                                  the limited 2-year exemption will                       and conditions of the exemption. The                  limits for CO exposure for 8 hour TWA,
                                                  achieve a level of safety equivalent to or              exemption may be renewed (49 CFR                      which is more severe than both the
                                                  greater than the level of safety provided               381.300(b)).                                          Occupational Safety & Health


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Document Created: 2016-09-27 22:26:31
Document Modified: 2016-09-27 22:26:31
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 September 11, 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 48406 

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