Qualification of Drivers; Exemption Applications; Epilepsy and Seizure Disorders, 56984-56986 [2013-22489]

Download as PDF 56984 Federal Register / Vol. 78, No. 179 / Monday, September 16, 2013 / Notices mstockstill on DSK4VPTVN1PROD with NOTICES submissions.1 We estimated that carriers will require 1.25 hours per application2 to compile and analyze the data necessary to disclose the number of third- and fourth-freedom flights conducted within the twelve-month period preceding the filing of an application. Foreign carriers will also have to provide evidence that their homeland government will afford reciprocity to U.S. carriers seeking authority for the similar fifth-, sixth- and seventhfreedom operations. Carriers may cite certifications submitted by carriers from the same homeland if that homeland issued such certification within the preceding six-month period. Approximately 100 carriers from roughly 30 distinct homelands use OST Form 4540 to apply for statements of authorization annually. We estimate that one foreign carrier from any given homeland will expend roughly 4 hours every six-months to obtain certification from its homeland governments.3 We have apportioned 30 minutes to each application to account for the time required to obtain certifications from homeland governments. We have no empirical data to indicate how much time is required for a person to complete OST Form 4540; however, anecdotal evidence reveals that respondents spend thirty (30) minutes or less completing the form and brief justification. In some cases, respondents spend a limited amount of time, less than ten (10) minutes, reviewing the form before sending it via facsimile or email to the Department. In the interest of providing a conservative estimate so as to not understate the burden hours, we estimate the hour burden for completing OST Form 4540 as thirty (30) minutes. 1 The rule-making associated with the T–100 program can be found on the Federal Docket Management System (FDMS) at https:// www.regulations.gov, in Docket DOT–OST–1998– 4043. Information regarding burden hours is on file in the Office of Aviation Analysis (X–50). 2 The Office of Aviation Analysis (X–50) estimated that small-carriers would require 1 burden hour per report, and large carriers would require 3 burden hours per report to analyze and report T–100 program data. Considering that the data required in this information collection can be derived from data already collected, we have taken an average of the estimated time required, and conservatively shortened the time by 45 minutes because no new data entry will be required. 3 Calculation: (4 burden hours per application) × (30 foreign homelands) × (2 requests per year) = 240 annual burden hours. Apportioning 240 annual burden hours equally among an average of 430 applications annually = approximately 30 burden minutes per application. VerDate Mar<15>2010 17:46 Sep 13, 2013 Jkt 229001 Issued in Washington, DC, on September 9, 2013. Patricia Lawton, DOT PRA Clearance Officer, Office of the Chief Information Officer. DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA–2013–0108] [FR Doc. 2013–22501 Filed 9–13–13; 8:45 am] Qualification of Drivers; Exemption Applications; Epilepsy and Seizure Disorders BILLING CODE 4910–9X–P DEPARTMENT OF TRANSPORTATION Office of the Secretary Notice of Applications for Certificates of Public Convenience and Necessity and Foreign Air Carrier Permits Filed Under Subpart B (formerly Subpart Q) During the Week Ending August 17, 2013 The following Applications for Certificates of Public Convenience and Necessity and Foreign Air Carrier Permits were filed under Subpart B (formerly Subpart Q) of the Department of Transportation’s Procedural Regulations (See 14 CFR 301.201 et. seq.). The due date for Answers, Conforming Applications, or Motions to Modify Scope are set forth below for each application. Following the Answer period DOT may process the application by expedited procedures. Such procedures may consist of the adoption of a show-cause order, a tentative order, or in appropriate cases a final order without further proceedings. Docket Number: DOT–OST–2012– 0047. Date Filed: August 15, 2013. Due Date for Answers, Conforming Applications, or Motion to Modify Scope: September 5, 2013. Description: Application of Joint Stock Company Aircompany ‘‘Yakutia’’ requesting an amended foreign air carrier permit adding authority for Yakutia to engage in scheduled foreign air transportation of persons, property, and mail between any point or points in the Russian Federation and Saipan, Commonwealth of the Northern Mariana Islands (CNMI), via intermediate points, and beyond. Barbara J. Hairston, Supervisory Dockets Officer, Docket Operations, Federal Register Liaison. [FR Doc. 2013–22346 Filed 9–13–13; 8:45 am] BILLING CODE 4910–9X–P PO 00000 Frm 00129 Fmt 4703 Sfmt 4703 Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice of applications for exemption, request for comments. AGENCY: FMCSA announces receipt of applications from 6 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 October 16, 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, 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 SUMMARY: E:\FR\FM\16SEN1.SGM 16SEN1 Federal Register / Vol. 78, No. 179 / Monday, September 16, 2013 / Notices mstockstill on DSK4VPTVN1PROD with NOTICES 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: 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 6 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 VerDate Mar<15>2010 17:46 Sep 13, 2013 Jkt 229001 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 PO 00000 Frm 00130 Fmt 4703 Sfmt 4703 56985 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 Stephen Amell, Sr. Mr. Amell is a 55 year-old driver in Vermont. He has a history of a single seizure in 2004 and has remained seizure free since that time. He takes anti-seizure medication with the dosage and frequency remaining the same since 2007. If granted the exemption, he would like to drive a CMV. His physician states he is supportive of Mr. Amell receiving an exemption. 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 E:\FR\FM\16SEN1.SGM 16SEN1 56986 Federal Register / Vol. 78, No. 179 / Monday, September 16, 2013 / Notices would like to continue to drive large trucks with trailers. He owns and operates a transport business and would like to continue to drive for his business. His physician states he is supportive of Mr. Freeman receiving an exemption. David Kestner 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. mstockstill on DSK4VPTVN1PROD with NOTICES 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: September 9, 2013. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2013–22489 Filed 9–13–13; 8:45 am] BILLING CODE 4910–EX–P 17:46 Sep 13, 2013 Federal Motor Carrier Safety Administration [Docket No. FMCSA–2013–0030] Qualification of Drivers; Exemption Applications; Vision Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice of final disposition. AGENCY: 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. VerDate Mar<15>2010 DEPARTMENT OF TRANSPORTATION Jkt 229001 FMCSA announces its decision to exempt 32 individuals from the vision requirement in the Federal Motor Carrier Safety Regulations (FMCSRs). They are unable to meet the vision requirement in one eye for various reasons. The exemptions will enable these individuals to operate commercial motor vehicles (CMVs) in interstate commerce without meeting the prescribed vision requirement in one eye. The Agency has concluded that granting these exemptions will provide a level of safety that is equivalent to or greater than the level of safety maintained without the exemptions for these CMV drivers. DATES: The exemptions are effective September 16, 2013. The exemptions expire on September 16, 2015. FOR FURTHER INFORMATION CONTACT: Elaine M. Papp, Chief, Medical Programs Division, (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: SUMMARY: Electronic Access You may see all the comments online through the Federal Document Management System (FDMS) at https:// www.regulations.gov. 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 acknowledgement 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 PO 00000 Frm 00131 Fmt 4703 Sfmt 4703 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 DOT’s Privacy Act Statement for the Federal Docket Management System (FDMS) published in the Federal Register on January 17, 2008 (73 FR 3316). Background On July 12, 2013, FMCSA published a notice of receipt of exemption applications from certain individuals, and requested comments from the public (78 FR 41975). That notice listed 32 applicants’ case histories. The 32 individuals applied for exemptions from the vision requirement in 49 CFR 391.41(b)(10), for drivers who operate CMVs in interstate commerce. Under 49 U.S.C. 31136(e) and 31315, 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 statute also allows the Agency to renew exemptions at the end of the 2-year period. Accordingly, FMCSA has evaluated the 32 applications on their merits and made a determination to grant exemptions to each of them. Vision and Driving Experience of the Applicants The vision requirement in the FMCSRs provides: A person is physically qualified to drive a commercial motor vehicle if that person has distant visual acuity of at least 20/40 (Snellen) in each eye without corrective lenses or visual acuity separately corrected to 20/40 (Snellen) or better with corrective lenses, distant binocular acuity of a least 20/40 (Snellen) in both eyes with or without corrective lenses, field of vision of at least 70° in the horizontal meridian in each eye, and the ability to recognize the colors of traffic signals and devices showing requirement red, green, and amber (49 CFR 391.41(b)(10)). FMCSA recognizes that some drivers do not meet the vision requirement but have adapted their driving to accommodate their vision limitation and demonstrated their ability to drive safely. The 32 exemption applicants listed in this notice are in this category. They are unable to meet the vision requirement in one eye for various reasons, including aphakia, prosthetic eye, central retinal artery occlusion, strabismic amblyopia, amblyopia, refractive amblyopia, optic neuropathy, complete loss of vision, anisometropic E:\FR\FM\16SEN1.SGM 16SEN1

Agencies

[Federal Register Volume 78, Number 179 (Monday, September 16, 2013)]
[Notices]
[Pages 56984-56986]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-22489]


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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 6 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 October 16, 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, 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

[[Page 56985]]

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 6 
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

Stephen Amell, Sr.

    Mr. Amell is a 55 year-old driver in Vermont. He has a history of a 
single seizure in 2004 and has remained seizure free since that time. 
He takes anti-seizure medication with the dosage and frequency 
remaining the same since 2007. If granted the exemption, he would like 
to drive a CMV. His physician states he is supportive of Mr. Amell 
receiving an exemption.

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

[[Page 56986]]

would like to continue to drive large trucks with trailers. He owns and 
operates a transport business and would 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: September 9, 2013.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2013-22489 Filed 9-13-13; 8:45 am]
BILLING CODE 4910-EX-P
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