80_FR_79641 80 FR 79397 - Qualification of Drivers; Exemption Applications; Epilepsy and Seizure Disorders

80 FR 79397 - Qualification of Drivers; Exemption Applications; Epilepsy and Seizure Disorders

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration

Federal Register Volume 80, Issue 244 (December 21, 2015)

Page Range79397-79399
FR Document2015-31978

FMCSA announces receipt of applications from 17 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 244 (Monday, December 21, 2015)
[Federal Register Volume 80, Number 244 (Monday, December 21, 2015)]
[Notices]
[Pages 79397-79399]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-31978]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2015-0320]


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 17 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 January 20, 2016.

ADDRESSES: You may submit comments bearing the Federal Docket 
Management System (FDMS) Docket ID FMCSA-2015-0320 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.

[[Page 79398]]

    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, 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 17 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-2015-0320'' 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-2015-0320'' and click ``Search.'' Next, click ``Open Docket 
Folder'' and you will find all documents and comments related to the 
proposed rulemaking.

Summary of Applications

James E. Allen

    Mr. Allen is a 48 year-old driver in Maine. He has a history of a 
seizure disorder and has remained seizure free since 1992. He takes 
anti-seizure medication with the dosage and frequency remaining the 
same since 2003. His physician states that he is supportive of Mr. 
Allen receiving an exemption.

Richard A. Bailey

    Mr. Bailey is a 65 year-old class A CDL holder in Iowa. He has a 
history of a seizure disorder and has remained seizure free since 2009. 
He takes anti-seizure medication with the dosage and frequency 
remaining the same since that time. His physician states that he is 
supportive of Mr. Bailey receiving an exemption.

Thomas A. DeAngelo

    Mr. DeAngelo is a 43 year-old class A CDL holder in Illinois. 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 1998. His physician states that he is 
supportive of Mr. DeAngelo receiving an exemption.

Nathan Dermer

    Mr. Dermer is a 40 year-old driver in Alaska. He has a history of a 
benign brain tumor removal in 1991 and a single seizure in 1994. He 
takes anti-seizure medication with the dosage and frequency remaining 
the same since that time. His physician states that he is supportive of 
Mr. Dermer receiving an exemption.

Daniel Lloyd Halstead

    Mr. Halstead is a 63 year-old class A CDL holder in Nevada. He has 
a history of a seizure disorder and has remained seizure free since 
1973. He takes anti-seizure medication with the dosage and frequency 
remaining the same since 2005. His physician states that he is 
supportive of Mr. Halstead receiving an exemption.

Kevin Mathis

    Mr. Mathis is a 29 year-old driver in New Jersey. He has a history 
of juvenile myoclonic epilepsy and has remained seizure free since 
2003. He takes anti-seizure medication with the dosage and

[[Page 79399]]

frequency remaining the same since that time. His physician states that 
he is supportive of Mr. Mathis receiving an exemption.

Toriano T. Mitchell

    Mr. Mitchell is a 32 year-old class B CDL holder in Ohio. He has a 
history of a seizure disorder and has remained seizure free since 2003. 
He takes anti-seizure medication with the dosage and frequency 
remaining the same since that time. His physician states that he is 
supportive of Mr. Mitchell receiving an exemption.

Thomas A. Mitman

    Mr. Mitman is a 58 year-old class A CDL holder in New York. He has 
a history of a seizure disorder and has remained seizure free since 
1996. He takes anti-seizure medication with the dosage and frequency 
remaining the same since that time. His physician states that he is 
supportive of Mr. Mitman receiving an exemption.

James P. Murphy

    Mr. Murphy is a 39 year-old driver in Massachusetts. He has a 
history of a single seizure and tumor removal in 2011. He was 
previously on anti-seizure medication but discontinued it 2015. His 
physician states that he is supportive of Mr. Murphy receiving an 
exemption.

Jason Christopher Nikolas

    Mr. Nikolas is a 42 year-old driver in Virginia. He has a history 
of epilepsy and has remained seizure free since 2012. He takes anti-
seizure medication with the dosage and frequency remaining the same 
since that time. His physician states that he is supportive of Mr. 
Nikolas receiving an exemption.

Curtis Joseph Palubicki

    Mr. Palubicki is a 29 year-old driver in Minnesota. He has a 
history of epilepsy and has remained seizure free since September 2008. 
He takes anti-seizure medication with the dosage and frequency 
remaining the same since that time. His physician states that he is 
supportive of Mr. Palubicki receiving an exemption.

Franklin Prettyman

    Mr. Prettyman is a 77 year-old driver in Maryland. He has a history 
of a seizure disorder and has remained seizure free since 2012. He 
takes anti-seizure medication with the dosage and frequency remaining 
the same since that time. His physician states that he is supportive of 
Mr. Prettyman receiving an exemption.

Chad Riemenschneider

    Mr. Riemenschneider is a 35 year-old driver in Texas. He has a 
history of a single seizure in 2011 related to a brain tumor. He takes 
anti-seizure medication with the dosage and frequency remaining the 
same since that time. His physician states that he is supportive of Mr. 
Riemenschneider receiving an exemption.

Isaac E. Rogers

    Mr. Rogers is a 29 year-old class A CDL holder in Illinois. He has 
a history of a seizure disorder and has remained seizure free since 
2009. He takes anti-seizure medication with the dosage and frequency 
remaining the same since that time. His physician states that he is 
supportive of Mr. Rogers receiving an exemption.

Tyler W. Schaefor

    Mr. Schaefor is a 34 year-old driver in Maine. He has a history of 
a seizure disorder and has remained seizure free since 2003. He takes 
anti-seizure medication with the dosage and frequency remaining the 
same since 2008. His physician states that he is supportive of Mr. 
Schaefor receiving an exemption.

Kenneth P. Schmitt

    Mr. Schmitt is a 38 year-old driver in South Dakota. He has a 
history of a seizure disorder and his last seizure date is not 
documented. He takes anti-seizure medication with the dosage and 
frequency remaining the same and his physician notes that Mr. Schmitt 
admits to occasional anti-seizure medication noncompliance. His 
physician states that he is supportive of Mr. Schmittt receiving an 
exemption.

Alfonso Valdivieso

    Mr. Valdivieso is a 52 year-old class A CDL holder in New York. 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. His physician states that he is 
supportive of Mr. Valdivieso 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.

    Dated: December 9, 2015.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2015-31978 Filed 12-18-15; 8:45 am]
BILLING CODE 4910-EX-P



                                                                                 Federal Register / Vol. 80, No. 244 / Monday, December 21, 2015 / Notices                                            79397

                                                  Exchange does not believe that the                         number should be included on the                         likely to cause a loss of consciousness
                                                  proposed rule change will impose any                       subject line if email is used. To help the               or any loss of ability to operate a
                                                  burden on competition not necessary or                     Commission process and review your                       commercial motor vehicle (CMV) in
                                                  appropriate in furtherance of the                          comments more efficiently, please use                    interstate commerce. The regulation and
                                                  purposes of the Act.                                       only one method. The Commission will                     the associated advisory criteria
                                                                                                             post all comments on the Commission’s                    published in the Code of Federal
                                                  C. Self-Regulatory Organization’s
                                                                                                             Internet Web site (http://www.sec.gov/                   Regulations as the ‘‘Instructions for
                                                  Statement on Comments on the
                                                                                                             rules/sro.shtml). Copies of the                          Performing and Recording Physical
                                                  Proposed Rule Change Received From
                                                                                                             submission, all subsequent                               Examinations’’ have resulted in
                                                  Members, Participants, or Others
                                                                                                             amendments, all written statements                       numerous drivers being prohibited from
                                                    No written comments were either                          with respect to the proposed rule                        operating CMVs in interstate commerce
                                                  solicited or received.                                     change that are filed with the                           based on the fact that they have had one
                                                  III. Date of Effectiveness of the                          Commission, and all written                              or more seizures and are taking anti-
                                                  Proposed Rule Change and Timing for                        communications relating to the                           seizure medication, rather than an
                                                  Commission Action                                          proposed rule change between the                         individual analysis of their
                                                                                                             Commission and any person, other than                    circumstances by a qualified medical
                                                     Because the foregoing proposed rule                     those that may be withheld from the                      examiner. If granted, the exemptions
                                                  change does not: (i) Significantly affect                  public in accordance with the                            would enable these individuals who
                                                  the protection of investors or the public                  provisions of 5 U.S.C. 552, will be                      have had one or more seizures and are
                                                  interest; (ii) impose any significant                      available for Web site viewing and                       taking anti-seizure medication to
                                                  burden on competition; and (iii) become                    printing in the Commission’s Public                      operate CMVs for up to 2 years in
                                                  operative for 30 days from the date on                     Reference Room, 100 F Street NE.,                        interstate commerce.
                                                  which it was filed, or such shorter time                   Washington, DC 20549 on official                         DATES: Comments must be received on
                                                  as the Commission may designate, it has                    business days between the hours of                       or before January 20, 2016.
                                                  become effective pursuant to section                       10:00 a.m. and 3:00 p.m. Copies of such
                                                  19(b)(3)(A)(iii) of the Act 7 and                                                                                   ADDRESSES: You may submit comments
                                                                                                             filing also will be available for                        bearing the Federal Docket Management
                                                  subparagraph (f)(6) of Rule 19b–4                          inspection and copying at the principal
                                                  thereunder.8                                                                                                        System (FDMS) Docket ID FMCSA–
                                                                                                             offices of the Exchange. All comments                    2015–0320 using any of the following
                                                     At any time within 60 days of the                       received will be posted without change;
                                                  filing of the proposed rule change, the                                                                             methods:
                                                                                                             the Commission does not edit personal                       • Federal eRulemaking Portal: Go to
                                                  Commission summarily may                                   identifying information from
                                                  temporarily suspend such rule change if                                                                             www.regulations.gov. Follow the on-line
                                                                                                             submissions. You should submit only                      instructions for submitting comments.
                                                  it appears to the Commission that such                     information that you wish to make
                                                  action is: (i) Necessary or appropriate in                                                                             • Mail: Docket Management Facility;
                                                                                                             available publicly. All submissions                      U.S. Department of Transportation, 1200
                                                  the public interest; (ii) for the protection               should refer to File Number SR–Phlx–
                                                  of investors; or (iii) otherwise in                                                                                 New Jersey Avenue SE., West Building
                                                                                                             2015–105, and should be submitted on                     Ground Floor, Room W12–140,
                                                  furtherance of the purposes of the Act.                    or before January 11, 2016.
                                                  If the Commission takes such action, the                                                                            Washington, DC 20590–0001.
                                                  Commission shall institute proceedings                       For the Commission, by the Division of                    • Hand Delivery or Courier: West
                                                  to determine whether the proposed rule                     Trading and Markets, pursuant to delegated               Building Ground Floor, Room W12–140,
                                                                                                             authority.9                                              1200 New Jersey Avenue SE.,
                                                  should be approved or disapproved.
                                                                                                             Robert W. Errett,                                        Washington, DC, between 9 a.m. and 5
                                                  IV. Solicitation of Comments                               Deputy Secretary.                                        p.m., Monday through Friday, except
                                                    Interested persons are invited to                        [FR Doc. 2015–31925 Filed 12–18–15; 8:45 am]             Federal Holidays.
                                                  submit written data, views, and                            BILLING CODE 8011–01–P                                      • Fax: 1–202–493–2251.
                                                  arguments concerning the foregoing,                                                                                    Each submission must include the
                                                  including whether the proposed rule                                                                                 Agency name and the docket ID for this
                                                  change is consistent with the Act.                         DEPARTMENT OF TRANSPORTATION                             Notice. Note that DOT posts all
                                                  Comments may be submitted by any of                                                                                 comments received without change to
                                                  the following methods:                                     Federal Motor Carrier Safety                             www.regulations.gov, including any
                                                                                                             Administration                                           personal information included in a
                                                  Electronic Comments                                                                                                 comment. Please see the Privacy Act
                                                                                                             [Docket No. FMCSA–2015–0320]
                                                    • Use the Commission’s Internet                                                                                   heading below.
                                                  comment form (http://www.sec.gov/                                                                                      Docket: For access to the docket to
                                                                                                             Qualification of Drivers; Exemption
                                                  rules/sro.shtml); or                                                                                                read background documents or
                                                                                                             Applications; Epilepsy and Seizure
                                                    • Send an email to rule-comments@                        Disorders
                                                                                                                                                                      comments, go to www.regulations.gov,
                                                  sec.gov. Please include File Number SR–                                                                             at any time or Room W12–140 on the
                                                  Phlx–2015–105 on the subject line.                         AGENCY: Federal Motor Carrier Safety                     ground level of the West Building, 1200
                                                                                                             Administration (FMCSA), DOT.                             New Jersey Avenue SE., Washington,
                                                  Paper Comments                                                                                                      DC, between 9 a.m. and 5 p.m., Monday
                                                                                                             ACTION: Notice of applications for
                                                    • Send paper comments in triplicate                      exemptions; request for comments.                        through Friday, except Federal holidays.
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                  to Secretary, Securities and Exchange                                                                               The FDMS is available 24 hours each
                                                  Commission, 100 F Street NE.,                              SUMMARY:  FMCSA announces receipt of                     day, 365 days each year. If you want
                                                  Washington, DC 20549–1090.                                 applications from 17 individuals for an                  acknowledgment that we received your
                                                  All submissions should refer to File                       exemption from the prohibition against                   comments, please include a self-
                                                  Number SR–Phlx–2015–105. This file                         persons with a clinical diagnosis of                     addressed, stamped envelope or
                                                                                                             epilepsy or any other condition that is                  postcard or print the acknowledgement
                                                    7 15   U.S.C. 78s(b)(3)(A)(iii).                                                                                  page that appears after submitting
                                                    8 17   CFR 240.19b–4(f)(6).                                9 17   CFR 200.30–3(a)(12).                            comments on-line.


                                             VerDate Sep<11>2014      17:38 Dec 18, 2015   Jkt 238001   PO 00000   Frm 00096    Fmt 4703     Sfmt 4703   E:\FR\FM\21DEN1.SGM   21DEN1


                                                  79398                      Federal Register / Vol. 80, No. 244 / Monday, December 21, 2015 / Notices

                                                     Privacy Act: In accordance with 5                    the results of the examination are                    search box insert the docket number
                                                  U.S.C. 553(c), DOT solicits comments                    negative and anti-seizure medication is               ‘‘FMCSA–2015–0320’’ and click
                                                  from the public to better inform its                    not required, then the driver may be                  ‘‘Search.’’ Next, click ‘‘Open Docket
                                                  rulemaking process. DOT posts these                     qualified.                                            Folder’’ and you will find all documents
                                                  comments, without edit, including any                      In those individual cases where a                  and comments related to the proposed
                                                  personal information the commenter                      driver had a seizure or an episode of                 rulemaking.
                                                  provides, to www.regulations.gov, as                    loss of consciousness that resulted from
                                                                                                          a known medical condition (e.g., drug                 Summary of Applications
                                                  described in the system records notice
                                                  (DOT/ALL–14 FDMS), which can be                         reaction, high temperature, acute                     James E. Allen
                                                  reviewed at www.dot.gov/privacy.                        infectious disease, dehydration, or acute                Mr. Allen is a 48 year-old driver in
                                                  FOR FURTHER INFORMATION CONTACT:                        metabolic disturbance), certification                 Maine. He has a history of a seizure
                                                  Christine A. Hydock, Chief, Medical                     should be deferred until the driver has               disorder and has remained seizure free
                                                  Programs Division, (202) 366–4001, or                   recovered fully from that condition, has              since 1992. He takes anti-seizure
                                                  via email at fmcsamedical@dot.gov, or                   no existing residual complications, and               medication with the dosage and
                                                  by letter to FMCSA, Room W64–113,                       is not taking anti-seizure medication.                frequency remaining the same since
                                                  Department of Transportation, 1200                      Drivers who have a history of epilepsy/               2003. His physician states that he is
                                                  New Jersey Avenue SE., Washington,                      seizures, off anti-seizure medication and             supportive of Mr. Allen receiving an
                                                  DC 20590–0001. Office hours are from                    seizure-free for 10 years, may be                     exemption.
                                                  8:30 a.m. to 5 p.m., Monday through                     qualified to operate a CMV in interstate
                                                                                                          commerce. Interstate drivers with a                   Richard A. Bailey
                                                  Friday, except Federal holidays.
                                                                                                          history of a single unprovoked seizure                   Mr. Bailey is a 65 year-old class A
                                                  SUPPLEMENTARY INFORMATION:
                                                                                                          may be qualified to drive a CMV in                    CDL holder in Iowa. He has a history of
                                                  Background                                              interstate commerce if seizure-free and               a seizure disorder and has remained
                                                                                                          off anti-seizure medication for a 5-year              seizure free since 2009. He takes anti-
                                                     Under 49 U.S.C. 31315 and 31136(e),
                                                                                                          period or more.                                       seizure medication with the dosage and
                                                  FMCSA may grant an exemption for up
                                                  to a 2-year period if it finds ‘‘such                   Submitting Comments                                   frequency remaining the same since that
                                                  exemption would likely achieve a level                                                                        time. His physician states that he is
                                                                                                             You may submit your comments and
                                                  of safety that is equivalent to or greater                                                                    supportive of Mr. Bailey receiving an
                                                                                                          material online or by fax, mail, or hand
                                                  than the level that would be achieved                                                                         exemption.
                                                                                                          delivery, but please use only one of
                                                  absent such exemption.’’ The statutes                   these means. FMCSA recommends that                    Thomas A. DeAngelo
                                                  allow the Agency to renew exemptions                    you include your name and a mailing
                                                  at the end of the 2-year period. The 17                                                                          Mr. DeAngelo is a 43 year-old class A
                                                                                                          address, an email address, or a phone                 CDL holder in Illinois. He has a history
                                                  individuals listed in this notice have                  number in the body of your document
                                                  requested an exemption from the                                                                               of a seizure disorder and has remained
                                                                                                          so that FMCSA can contact you if there                seizure free since 1990. He takes anti-
                                                  epilepsy prohibition in 49 CFR                          are questions regarding your
                                                  391.41(b)(8), which applies to drivers                                                                        seizure medication with the dosage and
                                                                                                          submission. To submit your comment                    frequency remaining the same since
                                                  who operate CMVs as defined in 49 CFR                   online, go to http://www.regulations.gov
                                                  390.5, in interstate commerce. Section                                                                        1998. His physician states that he is
                                                                                                          and in the search box insert the docket               supportive of Mr. DeAngelo receiving an
                                                  391.41(b)(8) states that a person is                    number ‘‘FMCSA–2015–0320’’ and click
                                                  physically qualified to drive a CMV if                                                                        exemption.
                                                                                                          the search button. When the new screen
                                                  that person has no established medical                  appears, click on the blue ‘‘Comment                  Nathan Dermer
                                                  history or clinical diagnosis of epilepsy               Now!’’ button on the right hand side of                  Mr. Dermer is a 40 year-old driver in
                                                  or any other condition which is likely                  the page. On the new page, enter                      Alaska. He has a history of a benign
                                                  to cause the loss of consciousness or any               information required including the                    brain tumor removal in 1991 and a
                                                  loss of ability to control a CMV.                       specific section of this document to                  single seizure in 1994. He takes anti-
                                                     FMCSA provides medical advisory                      which each comment applies, and                       seizure medication with the dosage and
                                                  criteria for use by medical examiners in                provide a reason for each suggestion or               frequency remaining the same since that
                                                  determining whether drivers with                        recommendation. If you submit your                    time. His physician states that he is
                                                  certain medical conditions should be                    comments by mail or hand delivery,                    supportive of Mr. Dermer receiving an
                                                  certified to operate CMVs in intrastate                 submit them in an unbound format, no                  exemption.
                                                  commerce. The advisory criteria                         larger than 81⁄2 by 11 inches, suitable for
                                                  indicate that if an individual has had a                copying and electronic filing. If you                 Daniel Lloyd Halstead
                                                  sudden episode of a non-epileptic                       submit comments by mail and would                        Mr. Halstead is a 63 year-old class A
                                                  seizure or loss of consciousness of                     like to know that they reached the                    CDL holder in Nevada. He has a history
                                                  unknown cause that did not require                      facility, please enclose a stamped, self-             of a seizure disorder and has remained
                                                  anti-seizure medication, the decision                   addressed postcard or envelope. We will               seizure free since 1973. He takes anti-
                                                  whether that person’s condition is likely               consider all comments and material                    seizure medication with the dosage and
                                                  to cause the loss of consciousness or                   received during the comment period                    frequency remaining the same since
                                                  loss of ability to control a CMV should                 and may change this proposed rule                     2005. His physician states that he is
                                                  be made on an individual basis by the                   based on your comments. FMCSA may                     supportive of Mr. Halstead receiving an
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                                                  medical examiner in consultation with                   issue a final rule at any time after the              exemption.
                                                  the treating physician. Before                          close of the comment period.
                                                  certification is considered, it is                                                                            Kevin Mathis
                                                  suggested that a 6-month waiting period                 Viewing Comments and Documents                          Mr. Mathis is a 29 year-old driver in
                                                  elapse from the time of the episode.                      To view comments, as well as any                    New Jersey. He has a history of juvenile
                                                  Following the waiting period, it is                     documents mentioned in this preamble,                 myoclonic epilepsy and has remained
                                                  suggested that the individual have a                    To submit your comment online, go to                  seizure free since 2003. He takes anti-
                                                  complete neurological examination. If                   http://www.regulations.gov and in the                 seizure medication with the dosage and


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                                                                             Federal Register / Vol. 80, No. 244 / Monday, December 21, 2015 / Notices                                                 79399

                                                  frequency remaining the same since that                 Chad Riemenschneider                                    Dated: December 9, 2015.
                                                  time. His physician states that he is                                                                         Larry W. Minor,
                                                  supportive of Mr. Mathis receiving an                     Mr. Riemenschneider is a 35 year-old                Associate Administrator for Policy.
                                                  exemption.                                              driver in Texas. He has a history of a
                                                                                                                                                                [FR Doc. 2015–31978 Filed 12–18–15; 8:45 am]
                                                                                                          single seizure in 2011 related to a brain
                                                  Toriano T. Mitchell                                     tumor. He takes anti-seizure medication               BILLING CODE 4910–EX–P

                                                     Mr. Mitchell is a 32 year-old class B                with the dosage and frequency
                                                  CDL holder in Ohio. He has a history of                 remaining the same since that time. His               DEPARTMENT OF TRANSPORTATION
                                                  a seizure disorder and has remained                     physician states that he is supportive of
                                                  seizure free since 2003. He takes anti-                 Mr. Riemenschneider receiving an                      Federal Motor Carrier Safety
                                                  seizure medication with the dosage and                  exemption.                                            Administration
                                                  frequency remaining the same since that                 Isaac E. Rogers
                                                  time. His physician states that he is                                                                         [FMCSA Docket No. FMCSA–2015–0066]
                                                  supportive of Mr. Mitchell receiving an                    Mr. Rogers is a 29 year-old class A
                                                  exemption.                                              CDL holder in Illinois. He has a history              Qualification of Drivers; Exemption
                                                                                                          of a seizure disorder and has remained                Applications; Diabetes Mellitus
                                                  Thomas A. Mitman
                                                                                                          seizure free since 2009. He takes anti-
                                                                                                          seizure medication with the dosage and                AGENCY: Federal Motor Carrier Safety
                                                    Mr. Mitman is a 58 year-old class A
                                                                                                          frequency remaining the same since that               Administration (FMCSA), DOT
                                                  CDL holder in New York. He has a
                                                  history of a seizure disorder and has                   time. His physician states that he is                 ACTION: Notice of final disposition.
                                                  remained seizure free since 1996. He                    supportive of Mr. Rogers receiving an
                                                                                                          exemption.                                            SUMMARY:   FMCSA confirms its decision
                                                  takes anti-seizure medication with the
                                                                                                                                                                to exempt 54 individuals from its rule
                                                  dosage and frequency remaining the
                                                                                                          Tyler W. Schaefor                                     prohibiting persons with insulin-treated
                                                  same since that time. His physician
                                                                                                                                                                diabetes mellitus (ITDM) from operating
                                                  states that he is supportive of Mr.                        Mr. Schaefor is a 34 year-old driver in            commercial motor vehicles (CMVs) in
                                                  Mitman receiving an exemption.                          Maine. He has a history of a seizure                  interstate commerce. The exemptions
                                                  James P. Murphy                                         disorder and has remained seizure free                enable these individuals to operate
                                                                                                          since 2003. He takes anti-seizure                     CMVs in interstate commerce.
                                                    Mr. Murphy is a 39 year-old driver in                 medication with the dosage and
                                                  Massachusetts. He has a history of a                                                                          DATES: The exemptions were effective
                                                                                                          frequency remaining the same since
                                                  single seizure and tumor removal in                                                                           on September 17, 2015. The exemptions
                                                                                                          2008. His physician states that he is
                                                  2011. He was previously on anti-seizure                                                                       expire on September 17, 2017.
                                                                                                          supportive of Mr. Schaefor receiving an
                                                  medication but discontinued it 2015.                    exemption.                                            FOR FURTHER INFORMATION CONTACT:
                                                  His physician states that he is                                                                               Christine A. Hydock, Chief, Medical
                                                  supportive of Mr. Murphy receiving an                   Kenneth P. Schmitt                                    Programs Division, (202) 366–4001,
                                                  exemption.                                                                                                    fmcsamedical@dot.gov, FMCSA,
                                                                                                             Mr. Schmitt is a 38 year-old driver in             Department of Transportation, 1200
                                                  Jason Christopher Nikolas                               South Dakota. He has a history of a                   New Jersey Avenue SE., Room W64–
                                                                                                          seizure disorder and his last seizure                 113, Washington, DC 20590–0001.
                                                    Mr. Nikolas is a 42 year-old driver in
                                                                                                          date is not documented. He takes anti-                Office hours are from 8:30 a.m. to 5 p.m.
                                                  Virginia. He has a history of epilepsy
                                                                                                          seizure medication with the dosage and                e.t., Monday through Friday, except
                                                  and has remained seizure free since
                                                                                                          frequency remaining the same and his                  Federal holidays.
                                                  2012. He takes anti-seizure medication
                                                                                                          physician notes that Mr. Schmitt admits
                                                  with the dosage and frequency                                                                                 SUPPLEMENTARY INFORMATION:
                                                                                                          to occasional anti-seizure medication
                                                  remaining the same since that time. His
                                                                                                          noncompliance. His physician states                   I. Electronic Access
                                                  physician states that he is supportive of
                                                                                                          that he is supportive of Mr. Schmittt
                                                  Mr. Nikolas receiving an exemption.                                                                              You may see all the comments online
                                                                                                          receiving an exemption.
                                                                                                                                                                through the Federal Document
                                                  Curtis Joseph Palubicki
                                                                                                          Alfonso Valdivieso                                    Management System (FDMS) at: http://
                                                     Mr. Palubicki is a 29 year-old driver                                                                      www.regulations.gov.
                                                  in Minnesota. He has a history of                         Mr. Valdivieso is a 52 year-old class                  Docket: For access to the docket to
                                                  epilepsy and has remained seizure free                  A CDL holder in New York. He has a                    read background documents or
                                                  since September 2008. He takes anti-                    history of a seizure disorder and has                 comments, go to http://
                                                  seizure medication with the dosage and                  remained seizure free since 2011. He                  www.regulations.gov and/or Room
                                                  frequency remaining the same since that                 takes anti-seizure medication with the                W12–140 on the ground level of the
                                                  time. His physician states that he is                   dosage and frequency remaining the                    West Building, 1200 New Jersey Avenue
                                                  supportive of Mr. Palubicki receiving an                same since that time. His physician                   SE., Washington, DC, between 9 a.m.
                                                  exemption.                                              states that he is supportive of Mr.                   and 5 p.m., Monday through Friday,
                                                                                                          Valdivieso receiving an exemption.                    except Federal holidays.
                                                  Franklin Prettyman
                                                                                                          Request for Comments                                     Privacy Act: In accordance with 5
                                                     Mr. Prettyman is a 77 year-old driver                                                                      U.S.C. 553(c), DOT solicits comments
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                                                  in Maryland. He has a history of a                        In accordance with 49 U.S.C. 31315                  from the public to better inform its
                                                  seizure disorder and has remained                       and 31136(e), FMCSA requests public                   rulemaking process. DOT posts these
                                                  seizure free since 2012. He takes anti-                 comment from all interested persons on                comments, without edit, including any
                                                  seizure medication with the dosage and                  the exemption applications described in               personal information the commenter
                                                  frequency remaining the same since that                 this notice. We will consider all                     provides, to www.regulations.gov, as
                                                  time. His physician states that he is                   comments received before the close of                 described in the system of records
                                                  supportive of Mr. Prettyman receiving                   business on the closing date indicated                notice (DOT/ALL–14 FDMS), which can
                                                  an exemption.                                           earlier in the notice.                                be reviewed at www.dot.gov/privacy.


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Document Created: 2015-12-19 02:56:53
Document Modified: 2015-12-19 02:56:53
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice of applications for exemptions; request for comments.
DatesComments must be received on or before January 20, 2016.
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 79397 

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