Qualification of Drivers; Exemption Applications; Epilepsy and Seizure Disorders, 41988-41990 [2013-16685]
Download as PDF
41988
Federal Register / Vol. 78, No. 134 / Friday, July 12, 2013 / Notices
Michael E. Righter
Mr. Righter is a 38 year-old driver in
Pennsylvania. Mr. Righter has a
diagnosis of seizure disorder, and his
last seizure was in March of 1987. He
has remained seizure free since that
time. He takes anti-seizure medication
with the dosage and frequency
remaining the same for over 20 years. If
granted the exemption, he would like to
drive a Class B truck with air brakes.
Mr. Righter has no entries in CDLIS or
MCMIS within the last 3 years.
Douglas S. Slagel
Mr. Slagel is a 48 year-old CMV driver
in Ohio. Mr. Slagel has a diagnosis of
seizure disorder, and his last seizure
was in 1977. He has remained seizure
free since that time. He takes antiseizure medication with the dosage and
frequency remaining the same for over
20 years. If granted the exemption, he
would like to drive a Class B truck with
air brakes. His physician is supportive
of Mr. Slagel receiving his exemption.
Mr. Slagel has 2 entries in CDLIS for
speeding, not involving a CMV, and no
entries in MCMIS within the last 3
years.
D. Comments
In response to the notice, FMCSA
received two comments. The one
comment specific to these applicants is
addressed here. Comments that relate
specifically to applicants other than the
ones covered in this notice will be
addressed in a subsequent notice of
denial of application.
mstockstill on DSK4VPTVN1PROD with NOTICES
Public Support for Applicants and the
Exemptions
Jennifer Lail comments that her
husband Michael Lail had a seizure as
a child when he ‘‘collided with another
kid on the the playground’’ and has
suffered no seizures since. She states
that driving is his passion and that he
has been driving a truck for the same
company since 1988.
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
VerDate Mar<15>2010
18:46 Jul 11, 2013
Jkt 229001
as opposed to restricting him to driving
in intrastate commerce.
ACTION:
Conclusion
SUMMARY:
The Agency is granting exemptions
from the epilepsy standard, 49 CFR
391.41(b)(8), to nine individuals based
on a thorough evaluation of each
driver’s qualifications, safety
experience, and medical condition.
Safety analysis of information relating to
these nine 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
nine 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 9
drivers for a period of 2 years with
annual medical certification required:
Steven Gordon (MT); Kevin Jandreau
(ME); Jason Kirkham (WI); William Lago
(MA); Michael Lail (NC); Verbon Latta
(AL); Jeffrey Moore (NY); Michael
Righter (PA); and Douglas Slagel (OH)
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: July 3, 2013.
Anne S. Ferro,
Administrator.
[FR Doc. 2013–16683 Filed 7–11–13; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2013–0107]
Qualification of Drivers; Exemption
Applications; Epilepsy and Seizure
Disorders
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
AGENCY:
PO 00000
Frm 00081
Fmt 4703
Sfmt 4703
Notice of applications for
exemption, request for comments.
FMCSA announces receipt of
applications from 9 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 August 12, 2013.
ADDRESSES: You may submit comments
bearing the Federal Docket Management
System (FDMS) Docket ID FMCSA–
2013–0107 using any of the following
methods:
• Federal eRulemaking Portal: Go to
https://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: 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
https://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 https://
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
E:\FR\FM\12JYN1.SGM
12JYN1
Federal Register / Vol. 78, No. 134 / Friday, July 12, 2013 / Notices
mstockstill on DSK4VPTVN1PROD with NOTICES
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: 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 https://
Docketinfo.dot.gov.
FOR FURTHER INFORMATION CONTACT:
Elaine Papp, Chief, Medical Programs
Division, (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 2year 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 9
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
VerDate Mar<15>2010
18:46 Jul 11, 2013
Jkt 229001
41989
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
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.
Michael Kramer
Summary of Applications
Lyle Trimm
Selene Anderson
Mr. Trimm is a 55 year-old driver in
New Jersey. He had a seizure in 2007
and has been seizure-free for 6 years. He
takes anti-seizure medication with the
dosage and frequency remaining the
same since that time.
Ms. Anderson is a 58 year-old driver
in Tennessee. She suffered seizures as a
child and has been seizure-free since
1968. She takes anti-seizure medication
with the dosage and frequency
remaining the same for over 2 years.
Christopher Bird
Mr. Bird is a 29 year-old driver in
Ohio. He has a diagnosis of epilepsy and
has remained seizure-free for over 15
years. He takes anti-seizure medication
with the dosage and frequency
remaining the same for over 5 years. His
physician is supportive of Mr. Bird
receiving an exemption.
Fletcher Dortch
Mr. Dortch is a 58 year-old driver in
Maryland. He had a single seizure in
2007. He takes anti-seizure medication
with the dosage and frequency
remaining the same for over 5 years. His
physician is supportive of Mr. Dortch
receiving an exemption.
PO 00000
Frm 00082
Fmt 4703
Sfmt 4703
Mr. Kramer is a 46 year-old driver in
Kansas. He had a seizure due to a brain
tumor which was removed in 2009. He
has remained seizure-free since that
time. He does not require anti-seizure
medication. His physician is supportive
of Mr. Kramer receiving an exemption.
Edward Nissenbaum
Mr. Nissenbaum is a 61 year-old
driver in Pennsylvania. He had a seizure
in 1999. He takes anti-seizure
medication with the dosage and
frequency remaining the same since that
time. His physician is supportive of Mr.
Nissenbaum receiving an exemption.
Stanislav Spielvogel
Mr. Spielvogel is a 55 year-old driver
in Connecticut. He has a diagnosis of
epilepsy and has remained seizure-free
for over 20 years. He takes anti-seizure
medication with the dosage and
frequency remaining the same since
2006. His physician is supportive of Mr.
Spielvogel receiving an exemption.
Stephen Stawinsky
Mr. Stawinsky is a 54 year-old driver
in Pennsylvania. He had a seizure in
1995 and has been seizure-free for over
20 years. He takes anti-seizure
medication with the dosage and
frequency remaining the same since
2005. His physician is supportive of Mr.
Stawinsky receiving an exemption.
George Webb
Mr. Webb is a 71 year-old driver in
Massachusetts. He has a history of
seizure disorder and has remained
seizure-free for over 24 years. He takes
anti-seizure medication with the dosage
and frequency remaining the same since
that time. His physician is supportive of
Mr. Webb 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.
E:\FR\FM\12JYN1.SGM
12JYN1
41990
Federal Register / Vol. 78, No. 134 / Friday, July 12, 2013 / Notices
Issued on: July 8, 2013.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2013–16685 Filed 7–11–13; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
[Docket Number FRA–2013–0058]
mstockstill on DSK4VPTVN1PROD with NOTICES
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 May
28, 2013, Commerce City (City), CO, and
the Railroad Controls LP (RCL) have
jointly 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 222, Use of
Locomotive Horns at Public HighwayRail Grade Crossings. FRA assigned the
petition Docket Number FRA–2013–
0058.
The City and RCL, jointly referred to
as ‘‘Petitioners,’’ are seeking a waiver
from the requirements of 49 CFR part
222, Appendix E, Paragraph 5, which
provides that a wayside horn system
must sound at a minimum of 15 seconds
prior to the train’s arrival at the crossing
and while the lead locomotive is
traversing the crossing. Specifically, the
Petitioners request that the wayside
horn installed at the East 60th Avenue
highway-rail grade crossing (USDOT
#057190R) not be required to continue
to sound while the lead locomotive is
traversing the crossing when the train is
traveling less than 15 mph.
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 Ave. 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.
VerDate Mar<15>2010
18:46 Jul 11, 2013
Jkt 229001
All communications concerning these
proceedings should identify the
appropriate docket number and may be
submitted by any of the following
methods:
• Web site: https://
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 by August
26, 2013 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.). See https://
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).
Robert C. Lauby,
Deputy Associate Administrator for
Regulatory and Legislative Operations.
[FR Doc. 2013–16678 Filed 7–11–13; 8:45 am]
BILLING CODE 4910–06–P
DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
[Docket Number FRA–2013–0048]
Petition for Waiver of Compliance
In accordance with Part 211 of Title
49 Code of Federal Regulations, this
document provides the public notice
that by a document dated April 7, 2013,
the Massachusetts Central Railroad
Corporation (MCER) 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–2013–0048.
In its petition, MCER 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 an on-duty
period, each day, for 6 consecutive days.
PO 00000
Frm 00083
Fmt 4703
Sfmt 4703
Specifically, MCER seeks a waiver to
allow a train employee to initiate an onduty period for 6 consecutive days
followed by 24 hours off duty. In
support of its request, MCER submitted
documents demonstrating employee
support and a description of employee
work schedules.
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 and may be
submitted by any of the following
methods:
• Web site: https://
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 by August
26, 2013 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 comment, if
submitted on behalf of an association,
business, labor union, etc.). See https://
www.regulations.gov/#!privacyNotice
for the privacy notice of regulations.gov
or interested parties may review DOT’s
complete Privacy Act Statement in the
E:\FR\FM\12JYN1.SGM
12JYN1
Agencies
[Federal Register Volume 78, Number 134 (Friday, July 12, 2013)]
[Notices]
[Pages 41988-41990]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-16685]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2013-0107]
Qualification of Drivers; Exemption Applications; Epilepsy and
Seizure Disorders
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.
ACTION: Notice of applications for exemption, request for comments.
-----------------------------------------------------------------------
SUMMARY: FMCSA announces receipt of applications from 9 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 August 12, 2013.
ADDRESSES: You may submit comments bearing the Federal Docket
Management System (FDMS) Docket ID FMCSA-2013-0107 using any of the
following methods:
Federal eRulemaking Portal: Go to https://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: 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 https://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 https://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
[[Page 41989]]
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.
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 https://Docketinfo.dot.gov.
FOR FURTHER INFORMATION CONTACT: Elaine Papp, Chief, Medical Programs
Division, (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 9
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 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.
Summary of Applications
Selene Anderson
Ms. Anderson is a 58 year-old driver in Tennessee. She suffered
seizures as a child and has been seizure-free since 1968. She takes
anti-seizure medication with the dosage and frequency remaining the
same for over 2 years.
Christopher Bird
Mr. Bird is a 29 year-old driver in Ohio. He has a diagnosis of
epilepsy and has remained seizure-free for over 15 years. He takes
anti-seizure medication with the dosage and frequency remaining the
same for over 5 years. His physician is supportive of Mr. Bird
receiving an exemption.
Fletcher Dortch
Mr. Dortch is a 58 year-old driver in Maryland. He had a single
seizure in 2007. He takes anti-seizure medication with the dosage and
frequency remaining the same for over 5 years. His physician is
supportive of Mr. Dortch receiving an exemption.
Michael Kramer
Mr. Kramer is a 46 year-old driver in Kansas. He had a seizure due
to a brain tumor which was removed in 2009. He has remained seizure-
free since that time. He does not require anti-seizure medication. His
physician is supportive of Mr. Kramer receiving an exemption.
Edward Nissenbaum
Mr. Nissenbaum is a 61 year-old driver in Pennsylvania. He had a
seizure in 1999. He takes anti-seizure medication with the dosage and
frequency remaining the same since that time. His physician is
supportive of Mr. Nissenbaum receiving an exemption.
Stanislav Spielvogel
Mr. Spielvogel is a 55 year-old driver in Connecticut. He has a
diagnosis of epilepsy and has remained seizure-free for over 20 years.
He takes anti-seizure medication with the dosage and frequency
remaining the same since 2006. His physician is supportive of Mr.
Spielvogel receiving an exemption.
Stephen Stawinsky
Mr. Stawinsky is a 54 year-old driver in Pennsylvania. He had a
seizure in 1995 and has been seizure-free for over 20 years. He takes
anti-seizure medication with the dosage and frequency remaining the
same since 2005. His physician is supportive of Mr. Stawinsky receiving
an exemption.
Lyle Trimm
Mr. Trimm is a 55 year-old driver in New Jersey. He had a seizure
in 2007 and has been seizure-free for 6 years. He takes anti-seizure
medication with the dosage and frequency remaining the same since that
time.
George Webb
Mr. Webb is a 71 year-old driver in Massachusetts. He has a history
of seizure disorder and has remained seizure-free for over 24 years. He
takes anti-seizure medication with the dosage and frequency remaining
the same since that time. His physician is supportive of Mr. Webb
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.
[[Page 41990]]
Issued on: July 8, 2013.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2013-16685 Filed 7-11-13; 8:45 am]
BILLING CODE 4910-EX-P