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###### Department of Transportation

###### Federal Motor Carrier Safety Administration

          - [Docket No. FMCSA-2014-0381]

# AGENCY:

Federal Motor Carrier Safety Administration (FMCSA), DOT.

# ACTION:

Notice of applications for exemptions; request for comments.

# SUMMARY:

FMCSA announces receipt of applications from 12 individuals for an exemption from the prohibition against persons with a clinical diagnosis of epilepsy or any other condition which is likely to cause a loss of consciousness or any loss of ability to operate a commercial motor vehicle (CMV) from operating CMVs 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 2 years in interstate commerce.

# DATES:

Comments must be received on or before March 6, 2015.

# ADDRESSES:

You may submit comments bearing the Federal Docket Management System (FDMS) Docket ID FMCSA-2014-0381 using any of the following methods:
      -  Federal eRulemaking Portal:                          Go to                          http://www.regulations.gov . Follow the online 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:                          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                         *http://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                         *http://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 online.                    

*Privacy Act:*                         Anyone may search the electronic form of all comments received into any of our dockets by the name of the individual submitting the comment (or of the person signing the comment, if submitted on behalf of an association, business, labor union, etc.). You may review the DOT's complete Privacy Act Statement in the                         **Federal Register**                         published on January 17, 2008 (73 FR 3316; January 17, 2008). This information is also available at                         *http://Docketinfo.dot.gov*.                    

# FOR FURTHER INFORMATION CONTACT:

                        Charles A. Horan, III, Director, Office of Carrier, Driver and Vehicle Safety, (202) 366-4001, or via email at                         *fmcsamedical@dot.gov,*                         or by letter 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 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 also allow the Agency to renew exemptions at the end of the 2-year period. The 12 individuals listed in this notice have recently 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 commercial motor vehicle 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 which did not require anti-seizure medication, the decision whether that person's condition is likely to cause the loss of consciousness or loss of ability to control a CMV should be made on an individual basis by the medical examiner in consultation with the treating physician. Before certification is considered, it is suggested that a 6-month waiting period elapse from the time of the episode. Following the waiting period, it is suggested that the individual have a complete neurological examination. If the results of the examination are negative and anti-seizure medication is not required, then the driver may be qualified.

                    In those individual cases where a driver had a seizure or an episode of loss of consciousness that resulted from a known medical condition (                    *e.g.,*                     drug reaction, high temperature, acute infectious disease, dehydration, or acute metabolic disturbance), certification should be deferred until the driver has fully recovered from that condition, has no existing residual complications, and is not taking anti-seizure medication. 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                           ( print page 6167)                        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-2014-0381” 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-2014-0381” and click “Search.” Next, click “Open Docket Folder” and you will find all documents and comments related to the proposed rulemaking.                

## Summary of Applications

### Robert Elmer Atkins

Mr. Atkins is a 54 year-old driver in Oregon. He has a history of epilepsy and has remained seizure free since 1980. 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. Atkins receiving an exemption.

### Ronald Boogay

Mr. Boogay is a 57 year-old class C CDL holder in New Jersey. He has a history of a seizure disorder and has remained seizure free since 1989. He takes anti-seizure medication with the dosage and frequency remaining the same since 2004. If granted the exemption, he would like to drive a CMV. His physician states that he is supportive of Mr. Boogay receiving an exemption.

### Ronald Francis Bohr

Mr. Bohr is a 59 year-old class A CDL holder in Iowa. 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. If granted the exemption, he would like to drive a CMV. His physician states that he is supportive of Mr. Bohr receiving an exemption.

### Earl Bernard Bomgaars

Mr. Bomgaars is a 66 year-old class A CDL holder in Iowa. He has a history of epilepsy and has remained seizure free since 1963. 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. Bomgaars receiving an exemption.

### Bryant Justin Carter

Mr. Carter is a 25 year-old driver in Virginia. He has a history of seizures and has remained seizure free since 2012. He does not take anti-seizure medication. If granted the exemption, he would like to drive a CMV. His physician states that he is supportive of Mr. Carter receiving an exemption.

### Teddy Hugh Dixon

Mr. Dixon is a 54 year-old class A CDL holder in Georgia. He has a history of a seizure disorder and has remained seizure free since 2000. 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. Dixon receiving an exemption.

### Richard A. Frazier, Jr. 

Mr. Frazier is a 66 year-old driver in Massachusetts. He has a history of an episode of loss of consciousness in August 2013. He takes anti-seizure medication with the dosage and frequency remaining the same since September 2014. If granted the exemption, he would like to drive a CMV. His physician states that he is supportive of Mr. Frazier receiving an exemption.

### John Griffith

Mr. Griffith is a 43 year-old class A CDL holder in North Dakota. He has a history of a seizure disorder and has remained seizure free since 1980. 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. Griffith receiving an exemption.

### William Rainer, III

Mr. Rainer is a 41 year-old driver in Texas. He has a history of epilepsy and has remained seizure free since 2006. He takes anti-seizure medication with the dosage and frequency remaining the same since that time. If granted the exemption, he would like to drive a CMV. His physician states that he is supportive of Mr. Rainer receiving an exemption.

### Emanuel Villegas

Mr. Villegas is a 33 year-old class B CDL holder in California. He has a history of seizures and has remained seizure free since December 2013. He takes anti-seizure medication with the dosage and frequency remaining the same since that time. If granted the exemption, he would like to drive a CMV. His physician states that he is supportive of Mr. Villegas receiving an exemption.

### Michael R. Weymouth

Mr. Weymouth is a 48 year-old class A CDL holder in New Hampshire. He has a history of a seizure disorder and has remained seizure free since 1986. He takes anti-seizure medication with the dosage and frequency remaining the same since 2010. If granted an exemption, he would like to drive a CMV. His physician states that he is supportive of Mr. Weymouth receiving an exemption.

### Everet Thomas Wright

Mr. Wright is a 67 year-old driver in Kentucky. He has a history of a seizure disorder and has remained seizure free since 2002. He takes anti-seizure medication with the dosage and frequency remaining the same since 2013. If granted an exemption, he would like to drive a CMV. His physician states that he is supportive of Mr. Wright receiving an exemption.

## Request for Comments

                    In accordance with 49 U.S.C. 31315 and 31136(e), FMCSA requests public                           ( print page 6168)                        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: January 28, 2015.

Larry W. Minor,

Associate Administrator for Policy.

[FR Doc. 2015-02135 Filed 2-3-15; 8:45 am]

BILLING CODE 4910-EX-P