Federal Register / Vol. 80, No. 59 / Friday, March 27, 2015 / Notices 16509 

evaluated the crash and violation data 

for the 5 drivers, some of whom 

currently drive a CMV in intrastate 

commerce. The CDLIS and MCMIS were 

searched for crash and violation data on 

the 5 applicants. For non-CDL holders, 

the Agency reviewed the driving records 

from the State licensing agency. 

These exemptions are contingent on 

the driver maintaining a stable 

treatment regimen and remaining 

seizure-free during the 2-year exemption 

period. The exempted drivers must 

submit annual reports from their 

treating physicians attesting to the 

stability of treatment and that the driver 

has remained seizure-free. The driver 

must undergo an annual medical 

examination by a medical examiner, as 

defined by 49 CFR 390.5, following the 

FCMSA’s regulations for the physical 

qualifications for CMV drivers. 

FMCSA published a notice of receipt 

of application and requested public 

comment during a 30-day public 

comment period in a Federal Register 

notice for each of the applicants. A short 

summary of the applicants’ 

qualifications and a discussion of the 

comments received, if any, follows this 

section. For applicants who were denied 

an exemption, a notice will be 

published at a later date. 

D. Comments 

Docket # FMCSA–2014–0214 

On September 18, 2014, FMCSA 

published a notice of receipt of 

exemption applications and requested 

public comment on six individuals (79 

FR 56098; Docket number FMCSA– 

2014–22138). The comment period 

ended on October 20, 2014. No 

commenters responded to this Federal 

Register notice. Of the six applicants, 

one was denied. The Agency has 

determined that the following five 

applicants should be granted an 

exemption. 

Michael G. Alimecco 

Mr. Alimecco is a 58 year-old driver 

in Pennsylvania. He has a history of 

seizures and has remained seizure free 

since 1974. He takes anti-seizure 

medication with the dosage and 

frequency remaining the same since 

2003. If granted an exemption, he would 

like to drive a CMV. His physician states 

he is supportive of Mr. Alimecco 

receiving an exemption. 

Michael L. Grant 

Mr. Grant is a 52 year-old driver in 

South Carolina. He has a history of 

seizures and has remained seizure free 

since 1995. He takes anti-seizure 

medication with the dosage and 

frequency remaining the same for over 

2 years. If granted the exemption, he 

would like to drive a CMV. His 

physician states that he is supportive of 

Mr. Grant receiving an exemption. 

Jeffrey M. Phillips 

Mr. Phillips is a 45 year-old driver in 

South Carolina. He has a history of 

epilepsy and has remained seizure free 

since 1989. He takes anti-seizure 

medication with the dosage and 

frequency remaining the same since 

1994. If granted the exemption, he 

would like to drive a CMV. His 

physician states he is supportive of Mr. 

Phillips receiving an exemption. 

William L. Swann 

Mr. Swann is a 76 year-old driver in 

Maryland. 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 that 

time. If granted the exemption, he 

would like to drive a CMV. His 

physician states that he is supportive of 

Mr. Swann receiving an exemption. 

James M. Zihlke 

Mr. Zihlke is a 31 year-old driver in 

Iowa. He has a history of a single seizure 

in December 2010. He has never taken 

anti-seizure medication. If granted the 

exemption, he would like to drive a 

CMV. His physician states that he is 

supportive of Mr. Zihlke receiving an 

exemption. 

E. Basis for Exemption 

Under 49 U.S.C. 31136(e) and 

31315(b), FMCSA may grant an 

exemption from the epilepsy/seizure 

standard in 49 CFR 391.41(b)(8) if the 

exemption is likely to achieve an 

equivalent or greater level of safety than 

would be achieved without the 

exemption. Without the exemption, 

applicants will continue to be restricted 

to intrastate driving. With the 

exemption, applicants can drive in 

interstate commerce. Thus, the Agency’s 

analysis focuses on whether an equal or 

greater level of safety is likely to be 

achieved by permitting each of these 

drivers to drive in interstate commerce 

as opposed to restricting the driver to 

driving in intrastate commerce. 

Conclusion 

The Agency is granting exemptions 

from the epilepsy standard, 49 CFR 

391.41(b)(8), to 5 individuals based on 

a thorough evaluation of each driver’s 

safety experience, and medical 

condition. Safety analysis of 

information relating to these 5 

applicants meets the burden of showing 

that granting the exemptions would 

achieve a level of safety that is 

equivalent to or greater than the level 

that would be achieved without the 

exemption. By granting the exemptions, 

the interstate CMV industry will gain 5 

highly trained and experienced drivers. 

In accordance with 49 U.S.C. 

31315(b)(1), each exemption will be 

valid for 2 years, with annual 

recertification required unless revoked 

earlier by FMCSA. The exemption will 

be revoked if the following occurs: (1) 

The person fails to comply with the 

terms and conditions of the exemption; 

(2) the exemption has resulted in a 

lower level of safety than was 

maintained prior to being granted; or (3) 

continuation of the exemption would 

not be consistent with the goals and 

objectives of 49 U.S.C. 31136 and 31315. 

FMCSA exempts the following 5 

drivers for a period of 2 years with 

annual medical certification required: 

Michael Alimecco (PA); Michael Grant 

(SC); Jeffrey Phillips (SC); Michael 

Swann (MD); and James Zihlke (IA) 

from the prohibition of CMV operations 

by persons with a clinical diagnosis of 

epilepsy or seizures. If the exemption is 

still in effect at the end of the 2-year 

period, the person may apply to FMCSA 

for a renewal under procedures in effect 

at that time. 

Issued on: March 20, 2015. 

Larry W. Minor, 

Associate Administrator for Policy. 

[FR Doc. 2015–07052 Filed 3–26–15; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–2013–0023] 

Qualification of Drivers; Exemption 

Applications; Vision 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), DOT. 

ACTION: Notice of renewal of 

exemptions; request for comments. 

SUMMARY: FMCSA announces its 

decision to renew the exemptions from 

the vision requirement in the Federal 

Motor Carrier Safety Regulations for 3 

individuals. FMCSA has statutory 

authority to exempt individuals from 

the vision requirement if the 

exemptions granted will not 

compromise safety. The Agency has 

concluded that granting these 

exemption renewals will provide a level 

of safety that is equivalent to or greater 

than the level of safety maintained 

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16510 Federal Register / Vol. 80, No. 59 / Friday, March 27, 2015 / Notices 

without the exemptions for these 

commercial motor vehicle (CMV) 

drivers. 

DATES: This decision is effective April 

24, 2015. Comments must be received 

on or before April 27, 2015. 

ADDRESSES: You may submit comments 

bearing the Federal Docket Management 

System (FDMS) numbers: Docket No. 

[Docket No. FMCSA–2013–0023], using 

any of the following methods: 

• Federal eRulemaking Portal: Go to 

http://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. 

Instructions: Each submission must 

include the Agency name and the 

docket number 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 

Federal Docket Management System 

(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 on-line. 

Privacy Act: In accordance with 5 

U.S.C. 553(c), DOT solicits comments 

from the public to better inform its 

rulemaking process. DOT posts these 

comments, without edit, including any 

personal information the commenter 

provides, to www.regulations.gov, as 

described in the system of records 

notice (DOT/ALL–14 FDMS), which can 

be reviewed at www.dot.gov/privacy. 

FOR FURTHER INFORMATION CONTACT: 

Charles A. Horan, III, Director, Carrier, 

Driver and Vehicle Safety Standards, 

202–366–4001, fmcsamedical@dot.gov, 

FMCSA, Department of Transportation, 

1200 New Jersey Avenue SE., Room 

W64–224, Washington, DC 20590–0001. 

Office hours are from 8:30 a.m. to 5 p.m. 

Monday through Friday, except Federal 

holidays. 

SUPPLEMENTARY INFORMATION: 

I. Background 

Under 49 U.S.C. 31136(e) and 31315, 

FMCSA may renew an exemption from 

the vision requirements in 49 CFR 

391.41(b)(10), which applies to drivers 

of CMVs in interstate commerce, for a 

two-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 

procedures for requesting an exemption 

(including renewals) are set out in 49 

CFR part 381. 

II. Exemption Decision 

This notice addresses 3 individuals 

who have requested renewal of their 

exemptions in accordance with FMCSA 

procedures. FMCSA has evaluated these 

3 applications for renewal on their 

merits and decided to extend each 

exemption for a renewable two-year 

period. They are: 

David Doub (IN) 

Gregory S. Engleman (KY) 

Gale L. Smith (PA) 

The exemptions are extended subject 

to the following conditions: (1) That 

each individual has a physical 

examination every year (a) by an 

ophthalmologist or optometrist who 

attests that the vision in the better eye 

continues to meet the requirements in 

49 CFR 391.41(b)(10), and (b) by a 

medical examiner who attests that the 

individual is otherwise physically 

qualified under 49 CFR 391.41; (2) that 

each individual provides a copy of the 

ophthalmologist’s or optometrist’s 

report to the medical examiner at the 

time of the annual medical examination; 

and (3) that each individual provide a 

copy of the annual medical certification 

to the employer for retention in the 

driver’s qualification file and retains a 

copy of the certification on his/her 

person while driving for presentation to 

a duly authorized Federal, State, or local 

enforcement official. Each exemption 

will be valid for two years unless 

rescinded earlier by FMCSA. The 

exemption will be rescinded if: (1) The 

person fails to comply with the terms 

and conditions of the exemption; (2) the 

exemption has resulted in a lower level 

of safety than was maintained before it 

was granted; or (3) continuation of the 

exemption would not be consistent with 

the goals and objectives of 49 U.S.C. 

31136(e) and 31315. 

III. Basis for Renewing Exemptions 

Under 49 U.S.C. 31315(b)(1), an 

exemption may be granted for no longer 

than two years from its approval date 

and may be renewed upon application 

for additional two year periods. In 

accordance with 49 U.S.C. 31136(e) and 

31315, each of the 3 applicants has 

satisfied the entry conditions for 

obtaining an exemption from the vision 

requirements (78 FR 14405; 78 FR 

24296). Each of these 3 applicants has 

requested renewal of the exemption and 

has submitted evidence showing that 

the vision in the better eye continues to 

meet the requirement specified at 49 

CFR 391.41(b)(10) and that the vision 

impairment is stable. In addition, a 

review of each record of safety while 

driving with the respective vision 

deficiencies over the past two years 

indicates each applicant continues to 

meet the vision exemption 

requirements. 

These factors provide an adequate 

basis for predicting each driver’s ability 

to continue to drive safely in interstate 

commerce. Therefore, FMCSA 

concludes that extending the exemption 

for each renewal applicant for a period 

of two years is likely to achieve a level 

of safety equal to that existing without 

the exemption. 

IV. Public Participation and Request for 

Comments 

FMCSA encourages you to participate 

by submitting comments and related 

materials. 

Submitting Comments 

If you submit a comment, please 

include the docket number for this 

notice (FMCSA–2013–0023), indicate 

the specific section of this document to 

which each comment applies, and 

provide a reason for each suggestion or 

recommendation. 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 the Agency can 

contact you if it has questions regarding 

your submission. 

To submit your comment online, go to 

http://www.regulations.gov and put the 

docket number, ‘‘FMCSA–2013–0023’’ 

in the ‘‘Keyword’’ box, and click 

‘‘Search.’’ When the new screen 

appears, click on ‘‘Comment Now!’’ 

button and type your comment into the 

text box in the following screen. Choose 

whether you are submitting your 

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Federal Register / Vol. 80, No. 59 / Friday, March 27, 2015 / Notices 16511 

comment as an individual or on behalf 

of a third party and then submit. 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, self-addressed postcard or 

envelope. FMCSA will consider all 

comments and material received during 

the comment period and may change 

this notice based on your comments. 

Viewing Comments and Documents 

To view comments, as well as any 

documents mentioned in this preamble 

as being available in the docket, go to 

http://www.regulations.gov and in the 

search box insert the docket number, 

‘‘FMCSA–2013–0023’’ in the 

‘‘Keyword’’ box and click ‘‘Search.’’ 

Next, click ‘‘Open Docket Folder’’ 

button, 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: March 19, 2015. 

Larry W. Minor, 

Associate Administrator for Policy. 

[FR Doc. 2015–07050 Filed 3–26–15; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–2012–0032] 

Commercial Driver’s License 

Standards: Application for Exemption; 

Daimler Trucks North America 

(Daimler) 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), DOT. 

ACTION: Notice of final disposition; grant 

of application for exemption. 

SUMMARY: FMCSA announces its 

decision to grant Daimler Trucks North 

America’s (Daimler) application for an 

exemption to allow a Daimler employee 

to drive commercial motor vehicles 

(CMV) in the United States without 

having a commercial driver’s license 

(CDL) issued by one of the States. The 

driver, Martin Zeilinger, will test-drive 

Daimler vehicles on U.S. roads to better 

understand product requirements for 

these vehicles in ‘‘real world’’ 

environments and verify results. He 

holds a valid German CDL but lacks the 

U.S. residency necessary to obtain a 

CDL issued by one of the States. FMCSA 

believes that the process for obtaining a 

German CDL is comparable to or as 

effective as the U.S. CDL requirements 

and ensures that this driver will likely 

achieve a level of safety that is 

equivalent to or greater than the level of 

safety that would be obtained in the 

absence of the exemption. 

DATES: This exemption is effective 

March 27, 2015 and expires March 27, 

2017. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Richard Clemente, FMCSA Driver and 

Carrier Operations Division; Office of 

Carrier, Driver and Vehicle Safety 

Standards; Telephone: 202–366–4325. 

Email: MCPSD@dot.gov. 

SUPPLEMENTARY INFORMATION: 

Legal Basis 

The Secretary of Transportation (the 

Secretary) has the authority to grant 

exemptions from any of the Federal 

Motor Carrier Safety Regulations 

(FMCSRs) issued under chapter 313 or 

§ 31136 of title 49, United States Code, 

to a person(s) seeking regulatory relief 

(49 U.S.C. 31136(e), and 31315(b)). Prior 

to granting an exemption, the Secretary 

must request public comment and make 

a determination that the exemption is 

likely to achieve a level of safety that is 

equivalent to, or greater than, the level 

of safety that would be obtained in the 

absence of the exemption. Exemptions 

may be granted for a period of up to 2 

years and may be renewed. 

The FMCSA Administrator has been 

delegated authority under 49 CFR 

1.87(e)(1) and (f) to carry out the 

functions vested in the Secretary by 49 

U.S.C. chapter 313 and subchapters I 

and III of chapter 311, relating, 

respectively, to the commercial driver’s 

license program and to commercial 

motor vehicle (CMV) programs and 

safety regulation. 

Background 

On July 22 and August 29, 2014, 

FMCSA granted similar exemptions for 

Daimler test drivers (79 FR 42626, 

51641). These individuals each held a 

valid German CDL but lacked the U.S. 

residency necessary to obtain a CDL in 

the United States. FMCSA concluded 

that the process for obtaining a German 

CDL is comparable to or as effective as 

the U.S. CDL requirements and ensures 

that these drivers will likely achieve a 

level of safety equivalent to or greater 

than the level that would be obtained in 

the absence of the exemption. These two 

drivers were not involved in any crashes 

or other safety-related incidents. 

Daimler Application for Exemption 

Daimler applied for the same CDL 

exemption for Martin Zeilinger. Notice 

of the application was published on 

December 17, 2014 (79 FR 75229). One 

comment was received in opposition to 

the application for exemption, but it 

was not substantive. A copy of the 

Daimler request is in the docket 

identified at the beginning of this 

notice. The exemption allows Martin 

Zeilinger to operate CMVs to support 

Daimler field tests to meet future 

vehicle safety and environmental 

requirements and to promote the 

development of technology and 

advancements in vehicle safety systems 

and emissions reductions. He will 

typically drive for no more than 6 hours 

per day for 2 consecutive days, and 10 

percent of the test driving will be on 

two-lane state highways, while 90 

percent will be on interstate highways. 

The driving will consist of no more than 

200 miles per day, for a total of 400 

miles during a two-day period on a 

quarterly basis. 

Section 383.21 requires CMV drivers 

in the United States to have a CDL 

issued by a State. Mr. Zeilinger is a 

citizen and resident of Germany. Only 

residents of a State can apply for a CDL. 

Without the exemption, Mr. Zeilinger 

would not be able to test-drive 

prototype CMVs on U.S. roads. 

Mr. Zeilinger holds a valid German 

CDL and is an experienced operator of 

CMVs. In the application for exemption, 

Daimler also submitted documentation 

showing his safe German driving record. 

Method To Ensure an Equivalent or 

Greater Level of Safety 

According to Daimler, the 

requirements for a German-issued CDL 

ensure that the same level of safety is 

met or exceeded as if these drivers had 

a CDL issued by one of the States. Mr. 

Zeilinger is familiar with the operation 

of CMVs worldwide and will be 

accompanied at all times by a driver 

who holds a U.S.-issued CDL and is 

familiar with the routes to be traveled. 

FMCSA has determined that the process 

for obtaining a CDL in Germany is 

comparable to that for obtaining a CDL 

issued by one of the States and 

adequately assesses the driver’s ability 

to safely operate CMVs in the United 

States. 

FMCSA Decision 

Based upon the merits of this 

application, including Mr. Zeilinger’s 

extensive driving experience and safety 

record, and the fact that he has 

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