6166 Federal Register / Vol. 80, No. 23 / Wednesday, February 4, 2015 / Notices 

http://www.regulations.gov and insert 

the docket number FMCSA–2014–0301 

in the ‘‘Keyword’’ box and click 

‘‘Search.’’ Next, click ‘‘Open Docket 

Folder’’ button and choose the 

document listed to review. If you do not 

have access to the Internet, you may 

view the docket online by visiting the 

Docket Management Facility in Room 

W12–140 on the ground floor of the 

DOT West Building, 1200 New Jersey 

Avenue SE., Washington, DC 20590, 

between 9 a.m. and 5 p.m., e.t., Monday 

through Friday, except Federal holidays. 

Issued on: January 28, 2015. 

Larry W. Minor, 

Associate Administrator for Policy. 

[FR Doc. 2015–02133 Filed 2–3–15; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–2014–0381] 

Qualification of Drivers; Exemption 

Applications; Epilepsy and Seizure 

Disorders 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), DOT. 

ACTION: Notice of applications for 

exemptions; request for comments. 

SUMMARY: FMCSA announces receipt of 

applications from 12 individuals for an 

exemption from the prohibition against 

persons with a clinical diagnosis of 

epilepsy or any other condition 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 selfaddressed, 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 

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Federal Register / Vol. 80, No. 23 / Wednesday, February 4, 2015 / Notices 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 81⁄2 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, selfaddressed 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 antiseizure 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 antiseizure 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 

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6168 Federal Register / Vol. 80, No. 23 / Wednesday, February 4, 2015 / Notices 

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 

DEPARTMENT OF TRANSPORTATION 

Federal Railroad Administration 

[Docket Number FRA–2004–20000] 

Petition for Waiver of Compliance 

In accordance with Part 211 of Title 

49 Code of Federal Regulations (CFR), 

this document provides the public 

notice that by a document dated 

September 17, 2014, Dallas Area Rapid 

Transit (DART) has petitioned the 

Federal Railroad Administration (FRA) 

for a waiver of compliance from certain 

provisions of the Federal railroad safety 

regulations contained at 49 CFR part 

229–Railroad Locomotive Safety 

Standards and Part 234–Grade Crossing 

Safety, Including Signal Systems, State 

Action Plans, and Emergency 

Notification Systems. FRA assigned the 

petition Docket Number FRA–2004– 

20000. 

DART, located in Dallas, TX, seeks an 

extension of its waiver of compliance 

from certain regulations for continued 

operation of its rail-fixed guide way 

public transit lines that share a ‘‘limited 

connection’’ with the general railroad 

system, specifically with the Dallas 

Garland and Northeastern Railroad 

(DGNO). This request is consistent with 

the requirements set forth in the 

Statement of Agency Policy Concerning 

Jurisdiction Over the Safety of Railroad 

Passenger Operations and Waivers 

Related to Shared Use of the Tracks of 

the General Railroad System by Light 

Rail and Conventional Equipment, 65 

FR 42529 (July 10, 2000); see also Joint 

Statement of Agency Policy Concerning 

Shared Use of the Tracks of the General 

Railroad System by Conventional 

Railroads and Light Rail Transit 

Systems, 65 FR 42626 (July 10, 2000). 

DART is expanding its light rail 

operations, and will double in size to 93 

miles. To date, the final 2.6 miles of 

expanded service are scheduled for 

completion in 2016. Expansion includes 

various lines that feature some shared 

corridor operations with DGNO, with up 

to 50 or more total limited connections 

at shared highway-rail grade crossings. 

Therefore, DART is seeking an 

extension of the terms and conditions of 

its current waiver of compliance from 

the provisions of 49 CFR 229.125– 

Headlights and auxiliary lights and 49 

CFR 234.105–Activation failure. DART 

claims that no modifications or changes 

have occurred since the first waiver was 

granted on May 2, 2005, and extended 

for 5 years in April 2010. DART also 

states in its petition that ‘‘since 2010, 

there is no record of any accidents or 

safety-related incidents that occurred in 

these shared corridor portions covered 

by the regulations where these waivers 

are being requested.’’ 

A copy of the petition, as well as any 

written communications concerning the 

petition, is available for review online at 

www.regulations.gov and in person at 

the U.S. Department of Transportation’s 

(DOT) Docket Operations Facility, 1200 

New Jersey Avenue SE., W12–140, 

Washington, DC 20590. The Docket 

Operations Facility is open from 9 a.m. 

to 5 p.m., Monday through Friday, 

except Federal Holidays. 

Interested parties are invited to 

participate in these proceedings by 

submitting written views, data, or 

comments. FRA does not anticipate 

scheduling a public hearing in 

connection with these proceedings since 

the facts do not appear to warrant a 

hearing. If any interested party desires 

an opportunity for oral comment, they 

should notify FRA, in writing, before 

the end of the comment period and 

specify the basis for their request. 

All communications concerning these 

proceedings should identify the 

appropriate docket number (e.g., Waiver 

Petition Docket Number FRA–2004– 

20000) and may be submitted by any of 

the following methods: 

• Web site: http://

www.regulations.gov. Follow the online 

instructions for submitting comments. 

• Fax: 202–493–2251. 

• Mail: Docket Operations Facility, 

U.S. Department of Transportation, 1200 

New Jersey Avenue SE., W12–140, 

Washington, DC 20590. 

• Hand Delivery: 1200 New Jersey 

Avenue SE., Room W12–140, 

Washington, DC 20590, between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal holidays. 

Communications received within 45 

days of the date of this notice will be 

considered by FRA before final action is 

taken. Comments received after that 

date will be considered as far as 

practicable. 

Anyone is able to search the 

electronic form of any written 

communications and comments 

received into any of our dockets by the 

name of the individual submitting the 

comment (or signing the document, if 

submitted on behalf of an association, 

business, labor union, etc.). In 

accordance with 5 U.S.C. 553(c), DOT 

solicits comments from the public to 

better inform its processes. DOT posts 

these comments, without edit, including 

any personal information the 

commenter provides, to 

www.regulations.gov, as described in 

the system of records notice (DOT/ALL– 

14 FDMS), which can be reviewed at 

www.dot.gov/privacy. See also http://

www.regulations.gov/#!privacyNotice 

for the privacy notice of regulations.gov 

or interested parties may review DOT’s 

complete Privacy Act Statement in the 

Federal Register published on April 11, 

2000 (65 FR 19477). 

Issued in Washington, DC, on January 28, 

2015. 

Ron Hynes, 

Director, Office of Technical Oversight. 

[FR Doc. 2015–02159 Filed 2–3–15; 8:45 am] 

BILLING CODE 4910–06–P 

DEPARTMENT OF TRANSPORTATION 

Federal Railroad Administration 

[Docket Number FRA–2015–0005] 

Petition for Waiver of Compliance 

In accordance with Part 211 of Title 

49 Code of Federal Regulations (CFR), 

this document provides the public 

notice that by a document dated 

November 11, 2014, Big Spring Rail 

System (BSR), has petitioned the 

Federal Railroad Administration (FRA) 

for a waiver of compliance from certain 

provisions of the Federal hours of 

service laws contained at 49 U.S.C. 

21103(a)(4). FRA assigned the petition 

Docket Number FRA–2015–0005. 

In its petition, BSR seeks relief from 

49 U.S.C. 21103(a)(4), which, in part, 

requires a train employee to receive 48 

hours off duty after initiating on-duty 

periods for 6 consecutive days. 

Specifically, BSR seeks a waiver to 

allow a train employee to initiate an onduty period, each day, for 6 consecutive 

days followed by 24 hours off duty. In 

support of the request, BSR explained 

that its operations are limited to a 2.4- 

mile long single track with 1 siding 

capable of holding 12 cars. The BSR also 

explained that it only has three 

operating employees that never work 

more than 10 hours in a duty tour or 

exceed 276 hours performing service for 

the railroad in a calendar month. 

A copy of the petition, as well as any 

written communications concerning the 

petition, is available for review online at 

www.regulations.gov and in person at 

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