80_FR_70283 80 FR 70065 - Qualification of Drivers; Exemption Applications; Epilepsy and Seizure Disorders

80 FR 70065 - Qualification of Drivers; Exemption Applications; Epilepsy and Seizure Disorders

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration

Federal Register Volume 80, Issue 218 (November 12, 2015)

Page Range70065-70067
FR Document2015-28739

FMCSA announces receipt of applications from 13 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 218 (Thursday, November 12, 2015)
[Federal Register Volume 80, Number 218 (Thursday, November 12, 2015)]
[Notices]
[Pages 70065-70067]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-28739]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2015-0119]


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 13 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 December 14, 2015.

ADDRESSES: You may submit comments bearing the Federal Docket 
Management System (FDMS) Docket ID FMCSA-2015-0119 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: Christine A. Hydock, Chief, Medical 
Programs Division, (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,

[[Page 70066]]

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 13 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-2015-0119'' 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-2015-0119'' and click ``Search.'' Next, click ``Open Docket 
Folder'' and you will find all documents and comments related to the 
proposed rulemaking.

Summary of Applications

Christopher Wayne Beaver

    Mr. Beaver is a 45 year-old driver in Pennsylvania. He has a 
history of a single seizure and has remained seizure free since April 
2014. He takes anti-seizure medication with the dosage and frequency 
remaining the same since July 2014. If granted the exemption, he would 
like to drive a CMV. His physician states that he is supportive of Mr. 
Beaver receiving an exemption.

Daniel Gerald Bretz, Jr.

    Mr. Bretz is a 40 year-old driver in Pennsylvania. He has a history 
of a seizure disorder 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. Bretz 
receiving an exemption.

Kenneth Lee Brown

    Mr. Brown is a 63 year-old class A CDL holder in Wyoming. He has a 
history of seizure prior to a meningioma resection in 2003. 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.

Douglas Ray Burkhardt

    Mr. Burkhardt is a 54 year-old class B CDL holder in South Dakota. 
He has a history of a seizure disorder and has remained seizure free 
since 1991. He takes anti-seizure medication with the dosage and 
frequency remaining the same since September 2013. If granted the 
exemption, he would like to drive a CMV. His physician states that he 
is supportive of Mr. Burkhardt receiving an exemption.

Patrick P. Griffis, Sr.

    Mr. Griffis is a 60 year-old driver in Mississippi. He has a 
history of two seizures and has remained seizure free since February 
2015. 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. 
Griffis receiving an exemption.

Curtis Alan Hartman

    Mr. Hartman is a 50 year-old class B CDL holder in Maryland. 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 since 2002. If granted the exemption, he would like to drive a 
CMV. His physician states that he is supportive of Mr. Hartman 
receiving an exemption.

Wendell Frank Headley, Jr.

    Mr. Headley is a 31 year-old driver in Missouri. He has a history 
of a seizure disorder and has remained seizure free since 2007. He 
takes anti-seizure

[[Page 70067]]

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. Headley receiving an exemption.

Gregory L. Hrutkay

    Mr. Hrutkay is a 66 year-old class A CDL holder in driver in 
Pennsylvania. He has a history of a seizure disorder and has remained 
seizure free since 2005. 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. Hrutkay receiving an exemption.

Trever Bryant Jacobson

    Mr. Jacobson is a 33 year-old driver in North Dakota. He has a 
history of a single seizure prior to benign brain tumor removal in 
2012. He takes anti-seizure medication with the dosage and frequency 
remaining the same since that time. If granted the exemption, he would 
like to drive a CMV. His physician states that he is supportive of Mr. 
Jacobson receiving an exemption.

Michael William Ketchum, Sr.

    Mr. Ketchum is a 60 year-old driver in Michigan. He has a history 
of a single seizure in 1972. He takes anti-seizure medication with the 
dosage and frequency remaining the same since 2004. If granted the 
exemption, he would like to drive a CMV. His physician states that he 
is supportive of Mr. Ketchum receiving an exemption.

Marion Franklin Legg, Jr.

    Mr. Legg is a 60 year-old driver in Maryland. He has a history of a 
single unprovoked seizure in October 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. Legg receiving an 
exemption.

Alvin Clarence Strite

    Mr. Strite is a 55 year-old class A CDL holder in Pennsylvania. He 
has a history of a seizure disorder and has remained seizure free since 
2007. He takes anti-seizure medication with the dosage and frequency 
remaining the same since September 2013. If granted the exemption, he 
would like to drive a CMV. His physician states that he is supportive 
of Mr. Strite receiving an exemption.

Thomas B. Vivirito

    Mr. Vivirito is a 31 year-old class B CDL holder in Pennsylvania. 
He has a history of a single unprovoked seizure in 2008. 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. Vivirito 
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: November 5, 2015.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2015-28739 Filed 11-10-15; 8:45 am]
 BILLING CODE 4910-EX-P



                                                                            Federal Register / Vol. 80, No. 218 / Thursday, November 12, 2015 / Notices                                         70065

                                                  medical opinion, Mr. Woodward’s                         facility, please enclose a stamped, self-             would enable these individuals who
                                                  vision is sufficient for the vision                     addressed postcard or envelope.                       have had one or more seizures and are
                                                  required to operate a commercial                          FMCSA will consider all comments                    taking anti-seizure medication to
                                                  vehicle.’’ Mr. Woodward reported that                   and material received during the                      operate CMVs for up to 2 years in
                                                  he has driven tractor-trailer                           comment period and may change this                    interstate commerce.
                                                  combinations for 31 years, accumulating                 notice based on your comments.                        DATES: Comments must be received on
                                                  3.19 million miles. He holds a Class A                  Viewing Comments and Documents                        or before December 14, 2015.
                                                  CDL from Oregon. His driving record for                                                                       ADDRESSES: You may submit comments
                                                  the last 3 years shows no crashes and no                   To view comments, as well as
                                                                                                          documents mentioned in this preamble                  bearing the Federal Docket Management
                                                  convictions for moving violations in a                                                                        System (FDMS) Docket ID FMCSA–
                                                  CMV.                                                    as being available in the docket, go to
                                                                                                          http://www.regulations.gov and insert                 2015–0119 using any of the following
                                                  Alton R. Young III                                      the docket number FMCSA–2015–0072                     methods:
                                                                                                          in the ‘‘Keyword’’ box and click                         • Federal eRulemaking Portal: Go to
                                                     Mr. Young, 47, has complete loss of                                                                        www.regulations.gov. Follow the on-line
                                                  vision in his right eye due to a traumatic              ‘‘Search.’’ Next, click ‘‘Open Docket
                                                                                                          Folder’’ button and choose the                        instructions for submitting comments.
                                                  incident in childhood. The visual acuity
                                                                                                          document listed to review. If you do not                 • Mail: Docket Management Facility;
                                                  in his right eye is counting fingers, and                                                                     U.S. Department of Transportation, 1200
                                                  in his left eye, 20/20. Following an                    have access to the Internet, you may
                                                                                                          view the docket online by visiting the                New Jersey Avenue SE., West Building
                                                  examination in 2015, his optometrist                                                                          Ground Floor, Room W12–140,
                                                                                                          Docket Management Facility in Room
                                                  stated, ‘‘I feel his vision is adequate to                                                                    Washington, DC 20590–0001.
                                                                                                          W12–140 on the ground floor of the
                                                  drive a commercial vehicle.’’ Mr. Young
                                                                                                          DOT West Building, 1200 New Jersey                       • Hand Delivery or Courier: West
                                                  reported that he has driven tractor-                                                                          Building Ground Floor, Room W12–140,
                                                                                                          Avenue SE., Washington, DC 20590,
                                                  trailer combinations for 8 years,                                                                             1200 New Jersey Avenue SE.,
                                                                                                          between 9 a.m. and 5 p.m., e.t., Monday
                                                  accumulating 832,000 miles. He holds a                                                                        Washington, DC between 9 a.m. and 5
                                                                                                          through Friday, except Federal holidays.
                                                  Class A CDL from Mississippi. His                                                                             p.m., Monday through Friday, except
                                                  driving record for the last 3 years shows                 Dated: November 5, 2015                             Federal Holidays.
                                                  no crashes and no convictions for                       Larry W. Minor,                                          • Fax: 1–202–493–2251.
                                                  moving violations in a CMV.                             Associate Administrator for Policy.                      Each submission must include the
                                                  III. Public Participation and Request for
                                                                                                          [FR Doc. 2015–28741 Filed 11–10–15; 8:45 am]          Agency name and the docket ID for this
                                                  Comments                                                BILLING CODE 4910–EX–P                                Notice. Note that DOT posts all
                                                                                                                                                                comments received without change to
                                                    FMCSA encourages you to participate                                                                         www.regulations.gov, including any
                                                  by submitting comments and related                      DEPARTMENT OF TRANSPORTATION                          personal information included in a
                                                  materials.                                                                                                    comment. Please see the Privacy Act
                                                                                                          Federal Motor Carrier Safety                          heading below.
                                                  Submitting Comments                                     Administration                                           Docket: For access to the docket to
                                                     If you submit a comment, please                      [Docket No. FMCSA–2015–0119]                          read background documents or
                                                  include the docket number for this                                                                            comments, go to www.regulations.gov,
                                                  notice, indicate the specific section of                Qualification of Drivers; Exemption                   at any time or Room W12–140 on the
                                                  this document to which each comment                     Applications; Epilepsy and Seizure                    ground level of the West Building, 1200
                                                  applies, and provide a reason for each                  Disorders                                             New Jersey Avenue SE., Washington,
                                                  suggestion or recommendation. You                       AGENCY: Federal Motor Carrier Safety                  DC between 9 a.m. and 5 p.m., Monday
                                                  may submit your comments and                            Administration (FMCSA), DOT.                          through Friday, except Federal holidays.
                                                  material online or by fax, mail, or hand                                                                      The FDMS is available 24 hours each
                                                                                                          ACTION: Notice of applications for
                                                  delivery, but please use only one of                                                                          day, 365 days each year. If you want
                                                                                                          exemptions; request for comments.
                                                  these means. FMCSA recommends that                                                                            acknowledgment that we received your
                                                  you include your name and a mailing                     SUMMARY:   FMCSA announces receipt of                 comments, please include a self-
                                                  address, an email address, or a phone                   applications from 13 individuals for an               addressed, stamped envelope or
                                                  number in the body of your document                     exemption from the prohibition against                postcard or print the acknowledgement
                                                  so the Agency can contact you if it has                 persons with a clinical diagnosis of                  page that appears after submitting
                                                  questions regarding your submission.                    epilepsy or any other condition that is               comments on-line.
                                                     To submit your comment online, go to                 likely to cause a loss of consciousness                  Privacy Act: In accordance with 5
                                                  http://www.regulations.gov and put the                  or any loss of ability to operate a                   U.S.C. 553(c), DOT solicits comments
                                                  docket number FMCSA–2015–0072 in                        commercial motor vehicle (CMV) in                     from the public to better inform its
                                                  the ‘‘Keyword’’ box, and click ‘‘Search.                interstate commerce. The regulation and               rulemaking process. DOT posts these
                                                  When the new screen appears, click on                   the associated advisory criteria                      comments, without edit, including any
                                                  ‘‘Comment Now!’’ button and type your                   published in the Code of Federal                      personal information the commenter
                                                  comment into the text box in the                        Regulations as the ‘‘Instructions for                 provides, to www.regulations.gov, as
                                                  following screen. Choose whether you                    Performing and Recording Physical                     described in the system records notice
                                                  are submitting your comment as an                       Examinations’’ have resulted in                       (DOT/ALL–14 FDMS), which can be
                                                                                                                                                                reviewed at www.dot.gov/privacy.
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                  individual or on behalf of a third party                numerous drivers being prohibited from
                                                  and then submit. If you submit your                     operating CMVs in interstate commerce                 FOR FURTHER INFORMATION CONTACT:
                                                  comments by mail or hand delivery,                      based on the fact that they have had one              Christine A. Hydock, Chief, Medical
                                                  submit them in an unbound format, no                    or more seizures and are taking anti-                 Programs Division, (202) 366–4001, or
                                                  larger than 81⁄2 by 11 inches, suitable for             seizure medication, rather than an                    via email at fmcsamedical@dot.gov, or
                                                  copying and electronic filing. If you                   individual analysis of their                          by letter to FMCSA, Room W64–113,
                                                  submit comments by mail and would                       circumstances by a qualified medical                  Department of Transportation, 1200
                                                  like to know that they reached the                      examiner. If granted, the exemptions                  New Jersey Avenue SE., Washington,


                                             VerDate Sep<11>2014   18:15 Nov 10, 2015   Jkt 238001   PO 00000   Frm 00131   Fmt 4703   Sfmt 4703   E:\FR\FM\12NON1.SGM   12NON1


                                                  70066                     Federal Register / Vol. 80, No. 218 / Thursday, November 12, 2015 / Notices

                                                  DC 20590–0001. Office hours are from                    may be qualified to operate a CMV in                  physician states that he is supportive of
                                                  8:30 a.m. to 5 p.m., Monday through                     interstate commerce. Interstate drivers               Mr. Beaver receiving an exemption.
                                                  Friday, except Federal holidays.                        with a history of a single unprovoked
                                                                                                                                                                Daniel Gerald Bretz, Jr.
                                                  SUPPLEMENTARY INFORMATION:                              seizure may be qualified to drive a CMV
                                                                                                          in interstate commerce if seizure-free                   Mr. Bretz is a 40 year-old driver in
                                                  Background                                              and off anti-seizure medication for a 5-              Pennsylvania. He has a history of a
                                                     Under 49 U.S.C. 31315 and 31136(e),                  year period or more.                                  seizure disorder and has remained
                                                  FMCSA may grant an exemption for up                                                                           seizure free since 2011. He takes anti-
                                                  to a 2-year period if it finds ‘‘such                   Submitting Comments                                   seizure medication with the dosage and
                                                  exemption would likely achieve a level                     You may submit your comments and                   frequency remaining the same since that
                                                  of safety that is equivalent to or greater              material online or by fax, mail, or hand              time. If granted the exemption, he
                                                  than the level that would be achieved                   delivery, but please use only one of                  would like to drive a CMV. His
                                                  absent such exemption.’’ The statutes                   these means. FMCSA recommends that                    physician states that he is supportive of
                                                  allow the Agency to renew exemptions                    you include your name and a mailing                   Mr. Bretz receiving an exemption.
                                                  at the end of the 2-year period. The 13                 address, an email address, or a phone
                                                                                                                                                                Kenneth Lee Brown
                                                  individuals listed in this notice have                  number in the body of your document
                                                  requested an exemption from the                         so that FMCSA can contact you if there                   Mr. Brown is a 63 year-old class A
                                                  epilepsy prohibition in 49 CFR                          are questions regarding your                          CDL holder in Wyoming. He has a
                                                  391.41(b)(8), which applies to drivers                  submission. To submit your comment                    history of seizure prior to a meningioma
                                                  who operate CMVs as defined in 49 CFR                   online, go to http://www.regulations.gov              resection in 2003. He takes anti-seizure
                                                  390.5, in interstate commerce. Section                  and in the search box insert the docket               medication with the dosage and
                                                  391.41(b)(8) states that a person is                    number ‘‘FMCSA–2015–0119’’ and click                  frequency remaining the same since that
                                                  physically qualified to drive a CMV if                  the search button. When the new screen                time. If granted the exemption, he
                                                  that person has no established medical                  appears, click on the blue ‘‘Comment                  would like to drive a CMV. His
                                                  history or clinical diagnosis of epilepsy               Now!’’ button on the right hand side of               physician states that he is supportive of
                                                  or any other condition which is likely                  the page. On the new page, enter                      Mr. Brown receiving an exemption.
                                                  to cause the loss of consciousness or any               information required including the                    Douglas Ray Burkhardt
                                                  loss of ability to control a CMV.                       specific section of this document to
                                                     FMCSA provides medical advisory                      which each comment applies, and                         Mr. Burkhardt is a 54 year-old class B
                                                  criteria for use by medical examiners in                provide a reason for each suggestion or               CDL holder in South Dakota. He has a
                                                  determining whether drivers with                        recommendation. If you submit your                    history of a seizure disorder and has
                                                  certain medical conditions should be                    comments by mail or hand delivery,                    remained seizure free since 1991. He
                                                  certified to operate CMVs in intrastate                 submit them in an unbound format, no                  takes anti-seizure medication with the
                                                  commerce. The advisory criteria                         larger than 81⁄2 by 11 inches, suitable for           dosage and frequency remaining the
                                                  indicate that if an individual has had a                copying and electronic filing. If you                 same since September 2013. If granted
                                                  sudden episode of a non-epileptic                       submit comments by mail and would                     the exemption, he would like to drive a
                                                  seizure or loss of consciousness of                     like to know that they reached the                    CMV. His physician states that he is
                                                  unknown cause that did not require                      facility, please enclose a stamped, self-             supportive of Mr. Burkhardt receiving
                                                  anti-seizure medication, the decision                   addressed postcard or envelope.                       an exemption.
                                                  whether that person’s condition is likely                  We will consider all comments and
                                                  to cause the loss of consciousness or                                                                         Patrick P. Griffis, Sr.
                                                                                                          material received during the comment
                                                  loss of ability to control a CMV should                 period and may change this proposed                      Mr. Griffis is a 60 year-old driver in
                                                  be made on an individual basis by the                   rule based on your comments. FMCSA                    Mississippi. He has a history of two
                                                  medical examiner in consultation with                   may issue a final rule at any time after              seizures and has remained seizure free
                                                  the treating physician. Before                          the close of the comment period.                      since February 2015. He takes anti-
                                                  certification is considered, it is                                                                            seizure medication with the dosage and
                                                  suggested that a 6-month waiting period                 Viewing Comments and Documents                        frequency remaining the same since that
                                                  elapse from the time of the episode.                       To view comments, as well as any                   time. If granted the exemption, he
                                                  Following the waiting period, it is                     documents mentioned in this preamble,                 would like to drive a CMV. His
                                                  suggested that the individual have a                    To submit your comment online, go to                  physician states that he is supportive of
                                                  complete neurological examination. If                   http://www.regulations.gov and in the                 Mr. Griffis receiving an exemption.
                                                  the results of the examination are                      search box insert the docket number
                                                  negative and anti-seizure medication is                                                                       Curtis Alan Hartman
                                                                                                          ‘‘FMCSA–2015–0119’’ and click
                                                  not required, then the driver may be                                                                             Mr. Hartman is a 50 year-old class B
                                                                                                          ‘‘Search.’’ Next, click ‘‘Open Docket
                                                  qualified.                                                                                                    CDL holder in Maryland. He has a
                                                                                                          Folder’’ and you will find all documents
                                                     In those individual cases where a                                                                          history of epilepsy and has remained
                                                                                                          and comments related to the proposed
                                                  driver had a seizure or an episode of                                                                         seizure free since 1997. He takes anti-
                                                                                                          rulemaking.
                                                  loss of consciousness that resulted from                                                                      seizure medication with the dosage and
                                                  a known medical condition (e.g., drug                   Summary of Applications                               frequency remaining the same since
                                                  reaction, high temperature, acute                                                                             2002. If granted the exemption, he
                                                                                                          Christopher Wayne Beaver
                                                  infectious disease, dehydration, or acute                                                                     would like to drive a CMV. His
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                  metabolic disturbance), certification                      Mr. Beaver is a 45 year-old driver in              physician states that he is supportive of
                                                  should be deferred until the driver has                 Pennsylvania. He has a history of a                   Mr. Hartman receiving an exemption.
                                                  recovered fully from that condition, has                single seizure and has remained seizure
                                                                                                          free since April 2014. He takes anti-                 Wendell Frank Headley, Jr.
                                                  no existing residual complications, and
                                                  is not taking anti-seizure medication.                  seizure medication with the dosage and                  Mr. Headley is a 31 year-old driver in
                                                     Drivers who have a history of                        frequency remaining the same since July               Missouri. He has a history of a seizure
                                                  epilepsy/seizures, off anti-seizure                     2014. If granted the exemption, he                    disorder and has remained seizure free
                                                  medication and seizure-free for 10 years,               would like to drive a CMV. His                        since 2007. He takes anti-seizure


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                                                                            Federal Register / Vol. 80, No. 218 / Thursday, November 12, 2015 / Notices                                            70067

                                                  medication with the dosage and                          Thomas B. Vivirito                                      • Hand Delivery: West Building
                                                  frequency remaining the same since                         Mr. Vivirito is a 31 year-old class B              Ground Floor, Room W12–140, 1200
                                                  2010. If granted the exemption, he                      CDL holder in Pennsylvania. He has a                  New Jersey Avenue SE., Washington,
                                                  would like to drive a CMV. His                          history of a single unprovoked seizure                DC, between 9 a.m. and 5 p.m., Monday
                                                  physician states that he is supportive of               in 2008. He takes anti-seizure                        through Friday, except Federal
                                                  Mr. Headley receiving an exemption.                     medication with the dosage and                        Holidays.
                                                                                                          frequency remaining the same since that                 • Fax: 1–202–493–2251.
                                                  Gregory L. Hrutkay                                                                                               Instructions: Each submission must
                                                                                                          time. If granted the exemption, he
                                                    Mr. Hrutkay is a 66 year-old class A                  would like to drive a CMV. His                        include the Agency name and the
                                                  CDL holder in driver in Pennsylvania.                   physician states that he is supportive of             docket numbers for this notice. Note
                                                  He has a history of a seizure disorder                  Mr. Vivirito receiving an exemption.                  that all comments received will be
                                                  and has remained seizure free since                                                                           posted without change to http://
                                                  2005. He takes anti-seizure medication                  Request for Comments                                  www.regulations.gov, including any
                                                  with the dosage and frequency                             In accordance with 49 U.S.C. 31315                  personal information provided. Please
                                                  remaining the same since that time. If                  and 31136(e), FMCSA requests public                   see the Privacy Act heading below for
                                                  granted the exemption, he would like to                 comment from all interested persons on                further information.
                                                  drive a CMV. His physician states that                  the exemption applications described in                  Docket: For access to the docket to
                                                  he is supportive of Mr. Hrutkay                         this notice. We will consider all                     read background documents or
                                                  receiving an exemption.                                 comments received before the close of                 comments, go to http://
                                                                                                          business on the closing date indicated                www.regulations.gov at any time or
                                                  Trever Bryant Jacobson                                  earlier in the notice.                                Room W12–140 on the ground level of
                                                                                                                                                                the West Building, 1200 New Jersey
                                                     Mr. Jacobson is a 33 year-old driver in                Issued on: November 5, 2015.
                                                                                                                                                                Avenue SE., Washington, DC, between 9
                                                  North Dakota. He has a history of a                     Larry W. Minor,
                                                                                                                                                                a.m. and 5 p.m., Monday through
                                                  single seizure prior to benign brain                    Associate Administrator for Policy.                   Friday, except Federal holidays. The
                                                  tumor removal in 2012. He takes anti-                   [FR Doc. 2015–28739 Filed 11–10–15; 8:45 am]          Federal Docket Management System
                                                  seizure medication with the dosage and                  BILLING CODE 4910–EX–P                                (FDMS) is available 24 hours each day,
                                                  frequency remaining the same since that
                                                                                                                                                                365 days each year. If you want
                                                  time. If granted the exemption, he
                                                                                                                                                                acknowledgment that we received your
                                                  would like to drive a CMV. His                          DEPARTMENT OF TRANSPORTATION                          comments, please include a self-
                                                  physician states that he is supportive of
                                                                                                                                                                addressed, stamped envelope or
                                                  Mr. Jacobson receiving an exemption.                    Federal Motor Carrier Safety
                                                                                                                                                                postcard or print the acknowledgement
                                                                                                          Administration
                                                  Michael William Ketchum, Sr.                                                                                  page that appears after submitting
                                                                                                          [Docket No. FMCSA–2015–0336]                          comments on-line.
                                                     Mr. Ketchum is a 60 year-old driver                                                                           Privacy Act: In accordance with 5
                                                  in Michigan. He has a history of a single               Qualification of Drivers; Exemption                   U.S.C. 553(c), DOT solicits comments
                                                  seizure in 1972. He takes anti-seizure                  Applications; Diabetes Mellitus                       from the public to better inform its
                                                  medication with the dosage and                          AGENCY: Federal Motor Carrier Safety                  rulemaking process. DOT posts these
                                                  frequency remaining the same since                      Administration (FMCSA).                               comments, without edit, including any
                                                  2004. If granted the exemption, he                                                                            personal information the commenter
                                                                                                          ACTION: Notice of applications for
                                                  would like to drive a CMV. His                                                                                provides, to www.regulations.gov, as
                                                  physician states that he is supportive of               exemptions; request for comments.
                                                                                                                                                                described in the system of records
                                                  Mr. Ketchum receiving an exemption.                     SUMMARY:   FMCSA announces receipt of                 notice (DOT/ALL–14 FDMS), which can
                                                  Marion Franklin Legg, Jr.                               applications from 54 individuals for                  be reviewed at www.dot.gov/privacy.
                                                                                                          exemption from the prohibition against                FOR FURTHER INFORMATION CONTACT:
                                                    Mr. Legg is a 60 year-old driver in                   persons with insulin-treated diabetes                 Christine A. Hydock, Chief, Medical
                                                  Maryland. He has a history of a single                  mellitus (ITDM) operating commercial                  Programs Division, (202) 366–4001,
                                                  unprovoked seizure in October 2011. He                  motor vehicles (CMVs) in interstate                   fmcsamedical@dot.gov, FMCSA,
                                                  takes anti-seizure medication with the                  commerce. If granted, the exemptions                  Department of Transportation, 1200
                                                  dosage and frequency remaining the                      would enable these individuals with                   New Jersey Avenue SE., Room W64–
                                                  same since that time. If granted the                    ITDM to operate CMVs in interstate                    113, Washington, DC 20590–0001.
                                                  exemption, he would like to drive a                     commerce.                                             Office hours are 8:30 a.m. to 5 p.m., e.t.,
                                                  CMV. His physician states that he is                    DATES: Comments must be received on                   Monday through Friday, except Federal
                                                  supportive of Mr. Legg receiving an                     or before December 14, 2015.                          holidays.
                                                  exemption.                                              ADDRESSES: You may submit comments                    SUPPLEMENTARY INFORMATION:
                                                  Alvin Clarence Strite                                   bearing the Federal Docket Management
                                                                                                                                                                I. Background
                                                                                                          System (FDMS) Docket No. FMCSA–
                                                     Mr. Strite is a 55 year-old class A CDL              2015–0336 using any of the following                     Under 49 U.S.C. 31136(e) and 31315,
                                                  holder in Pennsylvania. He has a history                methods:                                              FMCSA may grant an exemption from
                                                  of a seizure disorder and has remained                    • Federal eRulemaking Portal: Go to                 the Federal Motor Carrier Safety
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                  seizure free since 2007. He takes anti-                 http://www.regulations.gov. Follow the                Regulations for a 2-year period if it finds
                                                  seizure medication with the dosage and                  on-line instructions for submitting                   ‘‘such exemption would likely achieve a
                                                  frequency remaining the same since                      comments.                                             level of safety that is equivalent to or
                                                  September 2013. If granted the                            • Mail: Docket Management Facility;                 greater than the level that would be
                                                  exemption, he would like to drive a                     U.S. Department of Transportation, 1200               achieved absent such exemption.’’ The
                                                  CMV. His physician states that he is                    New Jersey Avenue SE., West Building                  statute also allows the Agency to renew
                                                  supportive of Mr. Strite receiving an                   Ground Floor, Room W12–140,                           exemptions at the end of the 2-year
                                                  exemption.                                              Washington, DC 20590–0001.                            period. The 54 individuals listed in this


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Document Created: 2015-12-14 14:53:03
Document Modified: 2015-12-14 14:53:03
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 December 14, 2015.
ContactChristine A. Hydock, Chief, Medical Programs Division, (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 70065 

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