21296 Federal Register / Vol. 80, No. 74 / Friday, April 17, 2015 / Notices 

exposure limit of 50 ppm for an 8 hour 

TWA and the National Institute of 

Occupational Safety and Health’s 

(NIOSH) permissible exposure limit of 

35 ppm for a 10 hour TWA. Under 

‘‘worst-case conditions,’’ Ford measured 

the CO level to be 17 ppm for the Model 

year 2015 Transit, well below the EPA, 

OSHA, and NIOSH limits. 

Additionally Ford states that it has 

internal requirements to establish the 

appropriate clearance required between 

a vehicle and the ground to meet a 

minimum level of on-road functionality. 

Ford has specific departure angle 

requirements for their vehicle to reduce 

tailpipe contact with the ground, curbs, 

ramps, etc., during various driving 

modes which may result in damage to 

the exhaust system that may adversely 

affect the exhaust function. Ford 

implied that the tailpipe placement 

used on its 2015 and future Transitbased passenger vehicles protects the 

exhaust system from operational 

damage that might expose passengers to 

dangerous levels of exhaust gases. 

The exemption application would 

apply to Model Year 2015 Transit-based 

gas bus models (all gross vehicle weight 

ratings), vans over 10,000 pounds gross 

vehicle weight rating, and 

corresponding future Transit-based 

production model years. Ford estimates 

the annual production of these vehicles 

to be similar to the current Ford 

Econoline vehicle, which is less than 

50,000 vehicles annually. 

Ford acknowledges that the exhaust 

system location requirements in section 

393.83 are intended to ensure that 

exhaust gases do not seep into the 

passenger compartment of the vehicle. 

However, Ford believes that the 

performance-based testing that it has 

conducted demonstrates that the design 

of the exhaust system for the Model 

Year 2015 and later Ford Transit CMVs 

(1) results in CO exposure limits that are 

well below EPA, OSHA, and NIOSH 

established thresholds, and (2) will 

maintain a level of safety that is 

equivalent to the level of safety 

achieved without the exemption. 

Request for Comments 

In accordance with 49 U.S.C. 31315 

and 31136(e), FMCSA requests public 

comment from all interested persons on 

Ford’s application for an exemption 

from 49 CFR 393.83. All comments 

received before the close of business on 

the comment closing date indicated at 

the beginning of this notice will be 

considered and will be available for 

examination in the docket at the 

location listed under the ADDRESSES

section of this notice. 

Comments received after the comment 

closing date will be filed in the public 

docket and will be considered to the 

extent practicable. In addition to late 

comments, FMCSA will continue to file 

relevant information in the public 

docket that becomes available after the 

comment closing date. Interested 

persons should continue to examine the 

public docket for new material. 

Issued on: April 13, 2015. 

Larry W. Minor, 

Associate Administrator for Policy. 

[FR Doc. 2015–08858 Filed 4–16–15; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–2014–0373] 

Qualification of Drivers; Exemption 

Applications; Narcolepsy 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), DOT. 

ACTION: Notice of applications for 

exemption; request for comments. 

SUMMARY: FMCSA announces receipt of 

applications from three individuals for 

an exemption from the prohibitions 

against operating a commercial motor 

vehicle (CMV) in interstate commerce 

by persons with either a clinical 

diagnosis of a condition that is likely to 

cause a loss of consciousness or any loss 

of ability to operate a CMV safely, [49 

CFR 391.41(b)(8)], or a mental, nervous, 

organic, or functional disease or 

psychiatric disorder likely to interfere 

with his/her ability to drive a 

commercial motor vehicle safely, [49 

CFR391.41(b)(9)]. If granted, the 

exemption would enable these 

individuals who have been diagnosed 

with narcolepsy and are receiving 

medical treatment to operate CMVs for 

2 years in interstate commerce. 

DATES: Comments must be received on 

or before May 18, 2015. 

ADDRESSES: You may submit comments 

bearing the Federal Docket Management 

System (FDMS) Docket ID FMCSA– 

2012–0081 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 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 records notice 

(DOT/ALL–14 FDMS), which can be 

reviewed at www.dot.gov/privacy. 

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 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 

FMCSA has authority under 49 U.S.C. 

31136(e) and 31315 to grant exemptions 

from certain parts of the Federal Motor 

Carrier Safety Regulations. FMCSA must 

publish a notice of each exemption 

request in the Federal Register [49 CFR 

381.315(a)]. The Agency must provide 

the public an opportunity to inspect the 

information relevant to the application, 

including any safety analyses that have 

been conducted. The Agency must also 

provide an opportunity for public 

comment on the request. 

The Agency reviews safety analyses 

and public comments submitted, and 


tkelley on DSK3SPTVN1PROD with NOTICES
Federal Register / Vol. 80, No. 74 / Friday, April 17, 2015 / Notices 21297 

1According to National Institutes of Health, 

National Institute of Neurological Disorders and 

Stroke, cataplexy is a sudden loss of muscle tone 

while the person is awake that leads to feelings of 

weakness and a loss of voluntary muscle control. 

determines whether granting the 

exemption would likely achieve a level 

of safety equivalent to, or greater than, 

the level that would be achieved by the 

current regulation (49 CFR 381.305). 

The Agency may grant an exemption 

subject to specified terms and 

conditions. The decision of the Agency 

must be published in the Federal 

Register (49 CFR 381.315(b)) with the 

reasons for denying or granting the 

application and, if granted, the name of 

the person or class of persons receiving 

the exemption, and the regulatory 

provision from which the exemption is 

granted. The notice must also specify 

the effective period and explain the 

terms and conditions of the exemption. 

The exemption may be renewed (49 CFR 

381.300(b)). 

FMCSA provides medical advisory 

criteria in the Medical Examination 

Report at 49 CFR 391.43 for use by 

medical examiners in determining 

whether drivers with certain medical 

conditions should be certified to operate 

commercial motor vehicles in interstate 

commerce. The advisory criteria for 49 

CFR 391.41(b)(8), indicates 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 antiseizure 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. 

The advisory criteria for 49 CFR 

391.41 (b)(9), indicates that a variety of 

functional disorders can cause 

drowsiness, dizziness, confusion, 

weakness or paralysis that may lead to 

incoordination, inattention, loss of 

functional control and susceptibility to 

accidents while driving. 

Summary of Applications 

Thomas Skagen 

Mr. Skagen is a 53-year-non-CDL 

holder from Washington. He is route 

sales representative for a bakery. He was 

diagnosed with Narcolepsy without 

cataplexy 1 in 2008. His physician has 

treated him for 3 years and is supportive 

of Mr. Skagen’s exemption request. He 

states that Mr. Skagen is treated with 

Adderall and has a known 3-year 

history of being very compliant with 

medical treatment, his Epworth 

Sleepiness Scale scores remain within 

normal limits, and he does not fall 

asleep at any inappropriate times. He 

has driven a step van (a walk-in or 

multi-stop truck) since 2005 and says 

that sleepiness has never been an issue 

and in 37 years of driving he has never 

caused an accident. He would like to be 

granted an exemption in order to obtain 

a medical certificate to operate in 

interstate commerce. 

Charles ‘‘Larry’’ Peterson 

Mr. Charles Larry Peterson is a 56- 

year old Class A CDL holder in 

Washington. He is tractor-trailer driver. 

He was diagnosed with Narcolepsy in 

1987 and has been continually treated 

for this condition since his diagnosis. A 

November 2014 letter from Mr. 

Peterson’s physician states he is 

successfully treated with Provigil. He 

has never known of any traffic 

incidents, accidents or problems related 

to his narcolepsy or treatment. In his 

opinion his narcolepsy is well 

controlled and he is safe to drive. A 

November 6 letter from his employer 

supports Mr. Peterson’s request for an 

exemption. The employer reports that 

Mr. Peterson has been employed since 

2012 and has been an exemplary driver 

since he was hired. The employer 

reports there have been no accidents, 

communication problems, and no 

questionable performance issues during 

his employment. Mr. Peterson would 

like to be granted an exemption to 

continue to operate in interstate 

commerce. 

Stanley Jandreau 

Mr. Jandreau is a 43 year old Class A 

CDL holder in Maine. A February 2015 

letter from his sleep medicine 

specialists states that Mr. Jandreau has 

been a patient since 2002 when he was 

found to have obstructive sleep apnea 

and narcolepsy with cataplexy. Mr. 

Jandreau’s specialists report that he is 

stable on therapies for both conditions 

and his CPAP compliance is acceptable 

to excellent. He is maintained on 

Provigil and Zoloft and by all accounts 

his sleep disorders are stable and welltreated on his current therapeutic 

regimen. Medication or dosing changes 

have not been required since [the 

specialist] took over his care in 2012. 

His specialists support Mr. Jandreau’s 

petition for exemption based on his 

condition being stable for quite some 

time and is not likely to worsen so long 

as he continues his current therapeutic 

regimen. Mr. Jandreau would like to be 

granted an exemption in interstate 

commerce. 

Request for Comments 

In accordance with 49 U.S.C. 31315 

and 31136(e), FMCSA requests public 

comment from all interested persons on 

the applications for exemption 

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: April 13, 2015. 

Larry W. Minor, 

Associate Administrator for Policy. 

[FR Doc. 2015–08857 Filed 4–16–15; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Railroad Administration 

[Docket Number FRA–2006–24812] 

Petition for Waiver of Compliance and 

Notice of Public Hearing; Correction 

AGENCY: Federal Railroad 

Administration, Department of 

Transportation. 

ACTION: Notice; correction. 

SUMMARY: On April 3, 2015 (80 FR 

18292), the Federal Railroad 

Administration (FRA) provided notice 

of a public hearing to receive views, 

data, and comments regarding BNSF 

Railway’s (BNSF) petition for 

modification and extension of its waiver 

of compliance from certain provisions of 

the Federal railroad safety regulations 

contained in title 49 Code of Federal 

Regulations part 232, Brake System 

Safety Standards for Freight and Other 

Non-Passenger Trains and Equipment, 

in Docket Number FRA–2006–24812. 

The notice contained an incorrect date 

of the public hearing. 

FOR FURTHER INFORMATION CONTACT: 

Steve Zuiderveen, Railroad Safety 

Specialist, FRA, 1200 New Jersey 

Avenue SE., Washington, DC 20590, 

(202) 493–6337, 

Steven.Zuiderveen@dot.gov. 


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