Qualification of Drivers; Exemption Applications; Epilepsy and Seizure Disorders, 49319-49321 [2013-19610]
Download as PDF
ehiers on DSK2VPTVN1PROD with NOTICES
Federal Register / Vol. 78, No. 156 / Tuesday, August 13, 2013 / Notices
and to Pilot Compartment View
Requirements for Vision Systems (78 FR
34935–34958) (Docket No.: FAA–2013–
0485; Notice No. 1209). AC 90–106A,
Enhanced Flight Vision Systems, and
AC 20–167A, Airworthiness Approval of
Enhanced Vision System, Synthetic
Vision System, Combined Vision
System, and Enhanced Flight Vision
System Equipment, have been revised to
incorporate the operational and
airworthiness proposals contained in
the NPRM.
AC 90–106A provides information
about the operating rules pertaining to
EFVS operations and explains how to
obtain authorization to conduct EFVS
operations. AC 20–167A provides
guidance on airworthiness approvals of
EFVS, Enhanced Vision System (EVS),
Synthetic Vision System (SVS), and
Combined Vision System (CVS)
equipment installation.
AC 90–106A is for persons operating
aircraft under Title 14 of the Code of
Federal Regulations (14 CFR) part 91,
121, 125, 129, or 135 who seek approval
to use an EFVS in lieu of natural vision
to either descend below decision
altitude/decision height (DA/DH) or
minimum descent altitude (MDA) to 100
feet height above touchdown zone
elevation (HAT) from a straight-in
Instrument Approach Procedure (IAP),
or descend below DA/DH to touchdown
and rollout from a straight-in precision
IAP or a straight-in IAP with approved
(published) vertical guidance.
AC 90–106A applies to all EFVS
operations that are conducted to 100
feet HAT and all EFVS operations that
would be conducted to touchdown and
rollout under proposed §§ 91.176,
121.651, 125.381, 129, and 135.225. AC
90–106A also applies to the proposed
EFVS provisions of §§ 121.613, 121.615,
125.361, 125.363, and 135.219 for
dispatch, flight release, and takeoff
under IFR when the reported or forecast
visibility at the destination airport is
below authorized minimums. In
addition, AC 90–106A applies to the
proposed EFVS provisions of
§§ 121.651, 125.325, 125.381, and
135.225 for initiating or continuing an
approach when the destination airport
weather is below authorized visibility
minimums for the runway of intended
landing. This AC also contains
information about the proposed
requirements for pilot training under
§ 61.31 and the proposed recent flight
experience and proficiency
requirements under § 61.57.
AC 90–106A provides information on
the regulatory background of EFVS
operations, the levels of EFVS
operations which can be currently
approved, the concept of operation
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17:09 Aug 12, 2013
Jkt 229001
associated with each level of EFVS
operation, and how to obtain
operational approval to conduct EFVS
operations. AC 90–106A also provides
information on the regulatory
requirements for conducting EFVS
operations, including operating,
equipment, training, recent flight
experience, proficiency, dispatch and
flight release, and maintenance
requirements.
Public comments on draft AC 90–
106A should be submitted on the
comment form titled Comment Form for
Advisory Circular (AC) 90–106A,
Enhanced Flight Vision Systems. An
electronic copy of this form can be
downloaded from the docket.
AC 20–167A is for airplane and
rotorcraft manufacturers, modifiers, and
type certification engineers seeking
certification or installation guidance for
their visual display system. Sections
23.773, 25.773 27.773 and 29.773
address vision systems using a
transparent display surface located in
the pilot’s outside view, such as a headup-display, head-mounted display, or
other equivalent display. Such ‘‘vision
systems’’ include any EVS, EFVS, SVS,
or CVS.
AC 20–167A applies to all applicants
for a new type certificate (TC), an
amended type certificate (ATC), or a
supplemental type certificate (STC) who
install vision systems and equipment.
The method of compliance described in
AC 20–167A can be used to obtain a TC,
STC, or ATC for an airplane or rotorcraft
equipped with EVS, EFVS, SVS, or CVS
equipment.
AC 20–167A describes system
performance, provides methods,
procedures, and practices acceptable to
the FAA for complying with regulations,
and addresses specific installation
guidance for vision systems on an
airplane or on rotorcraft. This AC also
provides EFVS safety standards and
sample flight test considerations for
EFVS operations conducted to 100 feet
HAT and for EFVS operations
conducted to touchdown and rollout.
Public comments on the available
drafts should be submitted on the forms
provided. Electronic copies of these
forms can be downloaded from the
docket: FAA–2013–0485.
Both ACs provide methods,
procedures, and practices acceptable to
the FAA for complying with regulations.
They are a means, but not the only
means, of obtaining approval to conduct
EFVS operations and to install and
obtain airworthiness approval for vision
systems. These ACs do not alter
regulatory requirements.
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49319
Issued in Washington, DC on August 7,
2013.
Lirio Liu,
Director, Office of Rulemaking.
[FR Doc. 2013–19478 Filed 8–12–13; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2013- 0108]
Qualification of Drivers; Exemption
Applications; Epilepsy and Seizure
Disorders
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Notice of applications for
exemption, request for comments.
AGENCY:
FMCSA announces receipt of
applications from 5 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 September 12, 2013.
ADDRESSES: You may submit comments
bearing the Federal Docket Management
System (FDMS) Docket ID FMCSA–
2013–0108 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,
SUMMARY:
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49320
Federal Register / Vol. 78, No. 156 / Tuesday, August 13, 2013 / Notices
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
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:
ehiers on DSK2VPTVN1PROD with NOTICES
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 5
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
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15:31 Aug 12, 2013
Jkt 229001
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.
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
PO 00000
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Fmt 4703
Sfmt 4703
are questions regarding your
submission.
To submit your comment online, go to
https://www.regulations.gov and in the
search box insert the docket number
‘‘FMCSA–2013–0108’’ 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
https://www.regulations.gov and in the
search box insert the docket number
‘‘FMCSA–2013–0108’’ and click
‘‘Search.’’ Next, click ‘‘Open Docket
Folder’’ and you will find all documents
and comments related to the proposed
rulemaking.
Summary of Applications
Erik Fleiner
Mr. Fleiner is a 25 year-old class A
commercial driver’s license holder in
Nevada. He has a history of seizures and
has remained seizure free for at least 10
years. He takes anti-seizure medication
with the dosage and frequency
remaining the same for 10 years. If
granted the exemption, he would like to
continue to drive a CMV. His physician
states he is supportive of Mr. Fleiner
receiving an exemption.
Gary Freeman
Mr. Freeman is a 48 year-old class A
commercial driver’s license holder in
Wisconsin. He has a history of seizures
and has remained seizure free for at
least 10 years. He takes anti-seizure
medication with the dosage and
frequency remaining the same for over
7 years. If granted the exemption, he
would like to continue to drive large
trucks with trailers. He owns and
operates a transport business and would
E:\FR\FM\13AUN1.SGM
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Federal Register / Vol. 78, No. 156 / Tuesday, August 13, 2013 / Notices
like to continue to drive for his
business. His physician states he is
supportive of Mr. Freeman receiving an
exemption.
DEPARTMENT OF TRANSPORTATION
David Kestner
Proposed Agency Information
Collection Activities; Comment
Request
Mr. Kestner is a 28 year-old driver in
Virginia. He has a history of epilepsy
and has remained seizure free for 9
years. He takes anti-seizure medication
with the dosage and frequency
remaining the same for 5 years. If
granted the exemption, he would like to
drive a tractor trailer. His physician
states he is supportive of Mr. Kestner
receiving an exemption.
Paul G. Kane
Mr. Kane is a 56 year-old driver in
Massachusetts. He has a history of
seizures and has remained seizure free
since December 2009. He takes antiseizure medication with the dosage and
frequency remaining the same for over
2 years. If granted the exemption, he
would like to drive a truck over 10,001
lbs. His physician states he is
supportive of Mr. Kane receiving an
exemption.
Chad Smith
Mr. Smith is a 36 year-old driver in
Massachusetts. He has a history of
seizures and has remained seizure free
for at least 15 years. He takes antiseizure medication with the dosage and
frequency remaining the same for 6
years. If granted the exemption, he
would like to continue to transport
automobiles from auctions to dealers.
His physician states that he is
supportive of Mr. Smith 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.
Issued on: August 6, 2013.
Larry W. Minor,
Associate Administrator for Policy.
ehiers on DSK2VPTVN1PROD with NOTICES
[FR Doc. 2013–19610 Filed 8–12–13; 8:45 am]
BILLING CODE 4910–EX–P
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15:31 Aug 12, 2013
Jkt 229001
Federal Railroad Administration
[Docket No. FRA–2010–0005–N–17]
Federal Railroad
Administration (FRA), Department of
Transportation (DOT).
ACTION: Notice and request for
comments.
AGENCY:
In accordance with the
Paperwork Reduction Act of 1995 and
its implementing regulations, the
Federal Railroad Administration (FRA)
hereby announces that it is seeking
renewal of the following currently
approved information collection
activities. Before submitting these
information collection requirements for
clearance by the Office of Management
and Budget (OMB), FRA is soliciting
public comment on specific aspects of
the activities identified below.
DATES: Comments must be received no
later than October 15, 2013.
ADDRESSES: Submit written comments
on the following proposed activities by
mail to either: Mr. Robert Brogan, Office
of Safety, Planning and Evaluation
Division, RRS–21, Federal Railroad
Administration, 1200 New Jersey Ave.
SE., Mail Stop 17, Washington, DC
20590, or Ms. Kimberly Toone, Office of
Information Technology, RAD–20,
Federal Railroad Administration, 1200
New Jersey Ave. SE., Mail Stop 35,
Washington, DC 20590. Commenters
requesting FRA to acknowledge receipt
of their respective comments must
include a self-addressed stamped
postcard stating, ‘‘Comments on OMB
control number 2130–0590.’’
Alternatively, comments may be
transmitted via facsimile to (202) 493–
6216 or (202) 493–6497, or via email to
Mr. Brogan at Robert.Brogan@dot.gov, or
to Ms. Toone at Kim.Toone@dot.gov.
Please refer to the assigned OMB control
number in any correspondence
submitted. FRA will summarize
comments received in response to this
notice in a subsequent notice and
include them in its information
collection submission to OMB for
approval.
SUMMARY:
Mr.
Robert Brogan, Office of Planning and
Evaluation Division, RRS–21, Federal
Railroad Administration, 1200 New
Jersey Ave. SE., Mail Stop 17,
Washington, DC 20590 (telephone: (202)
493–6292) or Ms. Kimberly Toone,
Office of Information Technology, RAD–
FOR FURTHER INFORMATION CONTACT:
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Frm 00072
Fmt 4703
Sfmt 4703
49321
20, Federal Railroad Administration,
1200 New Jersey Ave. SE., Mail Stop 35,
Washington, DC 20590 (telephone: (202)
493–6132). (These telephone numbers
are not toll-free.)
SUPPLEMENTARY INFORMATION: The
Paperwork Reduction Act of 1995
(PRA), Public Law 104–13, § 2, 109 Stat.
163 (1995) (codified as revised at 44
U.S.C. 3501–3520), and its
implementing regulations, 5 CFR Part
1320, require Federal agencies to
provide 60-days notice to the public for
comment on information collection
activities before seeking approval for
reinstatement or renewal by OMB. 44
U.S.C. 3506(c)(2)(A); 5 CFR 1320.8(d)(1),
1320.10(e)(1), 1320.12(a). Specifically,
FRA invites interested respondents to
comment on the following summary of
proposed information collection
activities regarding (i) Whether the
information collection activities are
necessary for FRA to properly execute
its functions, including whether the
activities will have practical utility; (ii)
the accuracy of FRA’s estimates of the
burden of the information collection
activities, including the validity of the
methodology and assumptions used to
determine the estimates; (iii) ways for
FRA to enhance the quality, utility, and
clarity of the information being
collected; and (iv) ways for FRA to
minimize the burden of information
collection activities on the public by
automated, electronic, mechanical, or
other technological collection
techniques or other forms of information
technology (e.g., permitting electronic
submission of responses). See 44 U.S.C.
3506(c)(2)(A)(i)–(iv); 5 CFR
1320.8(d)(1)(i)–(iv). FRA believes that
soliciting public comment will promote
its efforts to reduce the administrative
and paperwork burdens associated with
the collection of information mandated
by Federal regulations. In summary,
FRA reasons that comments received
will advance three objectives: (i) Reduce
reporting burdens; (ii) ensure that it
organizes information collection
requirements in a ‘‘user friendly’’ format
to improve the use of such information;
and (iii) accurately assess the resources
expended to retrieve and produce
information requested. See 44 U.S.C.
3501.
Below is a brief summary of the
currently approved information
collection activities that FRA will be
submittiing for clearance by OMB as
required under the PRA:
Title: Alleged Violation Reporting
Form.
OMB Control Number: 2130–0590.
Abstract: The Alleged Violation
Reporting Form is a response to section
E:\FR\FM\13AUN1.SGM
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Agencies
[Federal Register Volume 78, Number 156 (Tuesday, August 13, 2013)]
[Notices]
[Pages 49319-49321]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-19610]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2013- 0108]
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 5 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 September 12, 2013.
ADDRESSES: You may submit comments bearing the Federal Docket
Management System (FDMS) Docket ID FMCSA-2013-0108 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,
[[Page 49320]]
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 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 5
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.
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 https://www.regulations.gov and
in the search box insert the docket number ``FMCSA-2013-0108'' 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 https://www.regulations.gov and in the search box insert the docket number
``FMCSA-2013-0108'' and click ``Search.'' Next, click ``Open Docket
Folder'' and you will find all documents and comments related to the
proposed rulemaking.
Summary of Applications
Erik Fleiner
Mr. Fleiner is a 25 year-old class A commercial driver's license
holder in Nevada. He has a history of seizures and has remained seizure
free for at least 10 years. He takes anti-seizure medication with the
dosage and frequency remaining the same for 10 years. If granted the
exemption, he would like to continue to drive a CMV. His physician
states he is supportive of Mr. Fleiner receiving an exemption.
Gary Freeman
Mr. Freeman is a 48 year-old class A commercial driver's license
holder in Wisconsin. He has a history of seizures and has remained
seizure free for at least 10 years. He takes anti-seizure medication
with the dosage and frequency remaining the same for over 7 years. If
granted the exemption, he would like to continue to drive large trucks
with trailers. He owns and operates a transport business and would
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like to continue to drive for his business. His physician states he is
supportive of Mr. Freeman receiving an exemption.
David Kestner
Mr. Kestner is a 28 year-old driver in Virginia. He has a history
of epilepsy and has remained seizure free for 9 years. He takes anti-
seizure medication with the dosage and frequency remaining the same for
5 years. If granted the exemption, he would like to drive a tractor
trailer. His physician states he is supportive of Mr. Kestner receiving
an exemption.
Paul G. Kane
Mr. Kane is a 56 year-old driver in Massachusetts. He has a history
of seizures and has remained seizure free since December 2009. 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 truck over 10,001 lbs. His physician states he is supportive of Mr.
Kane receiving an exemption.
Chad Smith
Mr. Smith is a 36 year-old driver in Massachusetts. He has a
history of seizures and has remained seizure free for at least 15
years. He takes anti-seizure medication with the dosage and frequency
remaining the same for 6 years. If granted the exemption, he would like
to continue to transport automobiles from auctions to dealers. His
physician states that he is supportive of Mr. Smith 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.
Issued on: August 6, 2013.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2013-19610 Filed 8-12-13; 8:45 am]
BILLING CODE 4910-EX-P