Qualification of Drivers; Exemption Applications; Epilepsy and Seizure Disorders, 68144-68146 [2013-27109]
Download as PDF
68144
Federal Register / Vol. 78, No. 219 / Wednesday, November 13, 2013 / Notices
past 12 months and no recurrent (2 or
more) severe hypoglycemic episodes in
the last 5 years. His endocrinologist
certifies that Mr. Webb understands
diabetes management and monitoring,
has stable control of his diabetes using
insulin, and is able to drive a CMV
safely. Mr. Webb meets the
requirements of the vision standard at
49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2013
and certified that he does not have
diabetic retinopathy. He holds a Class A
CDL from Montana.
sroberts on DSK5SPTVN1PROD with NOTICES
Allan D. Wesley
Mr. Wesley, 51, has had ITDM since
2012. His endocrinologist examined him
in 2013 and certified that he has had no
severe hypoglycemic reactions resulting
in loss of consciousness, requiring the
assistance of another person, or
resulting in impaired cognitive function
that occurred without warning in the
past 12 months and no recurrent (2 or
more) severe hypoglycemic episodes in
the last 5 years. His endocrinologist
certifies that Mr. Wesley understands
diabetes management and monitoring,
has stable control of his diabetes using
insulin, and is able to drive a CMV
safely. Mr. Wesley meets the
requirements of the vision standard at
49 CFR 391.41(b)(10). His optometrist
examined him in 2013 and certified that
he does not have diabetic retinopathy.
He holds a Class A CDL from
Wisconsin.
Request for Comments
In accordance with 49 U.S.C. 31136(e)
and 31315, FMCSA requests public
comment from all interested persons on
the exemption petitions described in
this notice. We will consider all
comments received before the close of
business on the closing date indicated
in the date section of the notice.
FMCSA notes that section 4129 of the
Safe, Accountable, Flexible and
Efficient Transportation Equity Act: A
Legacy for Users requires the Secretary
to revise its diabetes exemption program
established on September 3, 2003 (68 FR
52441).1 The revision must provide for
individual assessment of drivers with
diabetes mellitus, and be consistent
with the criteria described in section
4018 of the Transportation Equity Act
for the 21st Century (49 U.S.C. 31305).
Section 4129 requires: (1) Elimination
of the requirement for 3 years of
experience operating CMVs while being
treated with insulin; and (2)
1 Section 4129(a) refers to the 2003 notice as a
‘‘final rule.’’ However, the 2003 notice did not issue
a ‘‘final rule’’ but did establish the procedures and
standards for issuing exemptions for drivers with
ITDM.
VerDate Mar<15>2010
17:14 Nov 12, 2013
Jkt 232001
establishment of a specified minimum
period of insulin use to demonstrate
stable control of diabetes before being
allowed to operate a CMV.
In response to section 4129, FMCSA
made immediate revisions to the
diabetes exemption program established
by the September 3, 2003 notice.
FMCSA discontinued use of the 3-year
driving experience and fulfilled the
requirements of section 4129 while
continuing to ensure that operation of
CMVs by drivers with ITDM will
achieve the requisite level of safety
required of all exemptions granted
under 49 USC. 31136 (e).
Section 4129(d) also directed FMCSA
to ensure that drivers of CMVs with
ITDM are not held to a higher standard
than other drivers, with the exception of
limited operating, monitoring and
medical requirements that are deemed
medically necessary.
The FMCSA concluded that all of the
operating, monitoring and medical
requirements set out in the September 3,
2003 notice, except as modified, were in
compliance with section 4129(d).
Therefore, all of the requirements set
out in the September 3, 2003 notice,
except as modified by the notice in the
Federal Register on November 8, 2005
(70 FR 67777), remain in effect.
rule based on your comments. FMCSA
may issue a final rule at any time after
the close of the comment period.
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–2013–0191 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
AGENCY:
PO 00000
Frm 00127
Fmt 4703
Sfmt 4703
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–2013–0191 and click ‘‘Search.’’
Next, click ‘‘Open Docket Folder’’ and
you will find all documents and
comments related to the proposed
rulemaking.
Issued on: November 1, 2013.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2013–27116 Filed 11–12–13; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2013–0109]
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.
FMCSA announces receipt of
applications from 11 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
limited 2-year exemptions would enable
these individuals to operate CMVs in
interstate commerce.
DATES: Comments must be received on
or before December 13, 2013.
ADDRESSES: You may submit comments
bearing the Federal Docket Management
System (FDMS) Docket ID FMCSA–
SUMMARY:
E:\FR\FM\13NON1.SGM
13NON1
Federal Register / Vol. 78, No. 219 / Wednesday, November 13, 2013 / Notices
2013–0109 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
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.
sroberts on DSK5SPTVN1PROD with NOTICES
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:
VerDate Mar<15>2010
17:14 Nov 12, 2013
Jkt 232001
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 11
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
PO 00000
Frm 00128
Fmt 4703
Sfmt 4703
68145
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–2013–0109’’ 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–2013–0109’’ and click
‘‘Search.’’ Next, click ‘‘Open Docket
Folder’’ and you will find all documents
and comments related to the proposed
rulemaking.
Summary of Applications
Jeffrey Ballweg
Mr. Ballweg is a 51 year-old driver in
Wisconsin. He has a history of epilepsy
and has been seizure free since June of
2006. He takes anti-seizure medication
with the dosage and frequency
remaining the same since 2006. If
granted the exemption, he would like to
drive a CMV. His physician states he is
supportive of Mr. Ballweg receiving an
exemption.
E:\FR\FM\13NON1.SGM
13NON1
68146
Federal Register / Vol. 78, No. 219 / Wednesday, November 13, 2013 / Notices
Dean Bretey
Mr. Bretey is a 63 year-old driver 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 10
years. If granted the exemption, he
would like to drive a CMV. His
physician states he is supportive of Mr.
Bretey receiving an exemption.
Montie Bullis
Mr. Bullis is a 56 year-old driver in
Oklahoma. He has a history of epilepsy
and has remained seizure free for 4
years. He takes anti-seizure medication
with the dosage and frequency
remaining the same for 4 years. If
granted the exemption, he would like to
continue to drive large trucks. His
physician states he is supportive of Mr.
Bullis receiving an exemption.
Rick Cote
Mr. Cote is a 55 year-old class A
commercial driver’s license holder in
Oregon. He has a history of epilepsy and
has remained seizure free for over 4
years. He takes anti-seizure medication
with the dosage and frequency
remaining the same for over 4 years. If
granted the exemption, he would like to
drive a commercial tractor. His
physician states he is supportive of Mr.
Cote receiving an exemption.
David Crowe
Mr. Crowe is a 23 year-old driver in
Virginia. He has a history of epilepsy
and has remained seizure free since
October 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. Crowe receiving an
exemption.
sroberts on DSK5SPTVN1PROD with NOTICES
Dwight Crownover
Mr. Crownover is a 49 year-old driver
in New York. He has a history of
seizures and has remained seizure free
for 29 years. He takes anti-seizure
medication with the dosage and
frequency remaining the same since that
time. If granted the exemption, he
would like to drive a delivery truck. His
physician states he is supportive of Mr.
Crownover receiving an exemption.
Bryan Couture
Mr. Couture is a 48 year-old class B
commercial driver’s license holder in
Rhode Island. He has a history of
seizures and has remained seizure free
for over 9 years. He takes anti-seizure
medication and his seizure medication
VerDate Mar<15>2010
17:14 Nov 12, 2013
Jkt 232001
was changed to a new medication this
year. If granted the exemption, he would
like to drive a dump truck. His
physician states that he is supportive of
Mr. Couture receiving an exemption.
DEPARTMENT OF TRANSPORTATION
John Johnson
Notice of Application for Approval of
Discontinuance or Modification of a
Railroad Signal System
Mr. Johnson is a 35 year-old driver in
Wisconsin. He has a history of epilepsy
and has remained seizure free since
2005. He takes anti-seizure medication
with the dosage and frequency
remaining the same for over 8 years. If
granted the exemption, he would like to
drive a CMV. His physician states that
he is supportive of Mr. Johnson
receiving an exemption.
Michael Schneider
Mr. Schneider is a 27 year-old driver
in Wisconsin. He has a history seizure
and has remained seizure free since
2004. He does not take seizure
medication and states that he has never
taken seizure medication. If granted the
exemption, he would like to drive a
heavy equipment truck. His physician
states that he is supportive of Mr.
Schneider receiving an exemption.
Barry Von Gulner
Mr. Von Gulner is a 49 year-old driver
in Wisconsin. He has a history of a
solitary seizure in 2008. He takes antiseizure medication with the dosage and
frequency remaining the same since that
time. If granted the exemption, he
would like to drive a CMV. His
physician states that he is supportive of
Mr. Von Gulner receiving an exemption.
John Welch
Mr. Welch is a 27 year-old class B
commercial driver’s license holder in
New Hampshire. He has a history of
seizure and has remained seizure free
since 2000. He has not taken seizure
medication since 2009. If granted the
exemption, he would like to continue to
drive a CMV. His physician states that
he is supportive of Mr. Welch 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: November 1, 2013.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2013–27109 Filed 11–12–13; 8:45 am]
BILLING CODE 4910–EX–P
PO 00000
Frm 00129
Fmt 4703
Sfmt 4703
Federal Railroad Administration
[Docket Number FRA–2013–0106]
In accordance with Part 235 of Title
49 Code of Federal Regulations (CFR)
and 49 U.S.C. 20502(a), this document
provides the public notice that by a
document dated August 28, 2013, the
Norfolk Southern Corporation (NS)
petitioned the Federal Railroad
Administration (FRA) seeking approval
for the discontinuance or modification
of a signal system. FRA assigned the
petition Docket Number FRA–2013–
0106.
Applicant: Norfolk Southern
Corporation, Mr. Brian Sykes, Chief
Engineer C&S Engineering, 1200
Peachtree Street NE., Atlanta, GA 30309.
NS seeks approval of the proposed
discontinuance of Control Point (CP)
Oak and the discontinuance of the
traffic control system (TCS) between CP
Maumee, Milepost (MP) DY 1.2/CD
287.65, and Stanley, MP DY 4.0, on the
Miami Cut Branch, on the Dearborn
Division, Toledo, OH. TCS will also be
discontinued on the Oakdale
Connection Track between CP 286, MP
XA 286.90/CD 286.75, and CP Oak, MP
XA 287.80/DY 2.3, also on the Dearborn
Division, Toledo, OH. CP Oak Signals
2S–1, 2S–3, 2N–1, and 2N–2 will be
removed. Power-operated Switch 1 will
be converted to a hand-operated switch,
and Switch 3 will be converted to a
radio-controlled switch. Operating rules
will be changed from NS Rule 261 to NS
Rule 137 on the Miami Cut Branch and
the Oakdale Connection Track. The
reason given for the proposed changes is
that these tracks are seldom used.
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
E:\FR\FM\13NON1.SGM
13NON1
Agencies
[Federal Register Volume 78, Number 219 (Wednesday, November 13, 2013)]
[Notices]
[Pages 68144-68146]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-27109]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2013-0109]
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 11 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 limited
2-year exemptions would enable these individuals to operate CMVs in
interstate commerce.
DATES: Comments must be received on or before December 13, 2013.
ADDRESSES: You may submit comments bearing the Federal Docket
Management System (FDMS) Docket ID FMCSA-
[[Page 68145]]
2013-0109 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 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 11
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-2013-0109'' 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-2013-0109'' and click ``Search.'' Next, click ``Open Docket
Folder'' and you will find all documents and comments related to the
proposed rulemaking.
Summary of Applications
Jeffrey Ballweg
Mr. Ballweg is a 51 year-old driver in Wisconsin. He has a history
of epilepsy and has been seizure free since June of 2006. He takes
anti-seizure medication with the dosage and frequency remaining the
same since 2006. If granted the exemption, he would like to drive a
CMV. His physician states he is supportive of Mr. Ballweg receiving an
exemption.
[[Page 68146]]
Dean Bretey
Mr. Bretey is a 63 year-old driver 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 10 years. If granted the exemption, he would like to drive
a CMV. His physician states he is supportive of Mr. Bretey receiving an
exemption.
Montie Bullis
Mr. Bullis is a 56 year-old driver in Oklahoma. He has a history of
epilepsy and has remained seizure free for 4 years. He takes anti-
seizure medication with the dosage and frequency remaining the same for
4 years. If granted the exemption, he would like to continue to drive
large trucks. His physician states he is supportive of Mr. Bullis
receiving an exemption.
Rick Cote
Mr. Cote is a 55 year-old class A commercial driver's license
holder in Oregon. He has a history of epilepsy and has remained seizure
free for over 4 years. He takes anti-seizure medication with the dosage
and frequency remaining the same for over 4 years. If granted the
exemption, he would like to drive a commercial tractor. His physician
states he is supportive of Mr. Cote receiving an exemption.
David Crowe
Mr. Crowe is a 23 year-old driver in Virginia. He has a history of
epilepsy and has remained seizure free since October 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.
Crowe receiving an exemption.
Dwight Crownover
Mr. Crownover is a 49 year-old driver in New York. He has a history
of seizures and has remained seizure free for 29 years. He takes anti-
seizure medication with the dosage and frequency remaining the same
since that time. If granted the exemption, he would like to drive a
delivery truck. His physician states he is supportive of Mr. Crownover
receiving an exemption.
Bryan Couture
Mr. Couture is a 48 year-old class B commercial driver's license
holder in Rhode Island. He has a history of seizures and has remained
seizure free for over 9 years. He takes anti-seizure medication and his
seizure medication was changed to a new medication this year. If
granted the exemption, he would like to drive a dump truck. His
physician states that he is supportive of Mr. Couture receiving an
exemption.
John Johnson
Mr. Johnson is a 35 year-old driver in Wisconsin. He has a history
of epilepsy and has remained seizure free since 2005. He takes anti-
seizure medication with the dosage and frequency remaining the same for
over 8 years. If granted the exemption, he would like to drive a CMV.
His physician states that he is supportive of Mr. Johnson receiving an
exemption.
Michael Schneider
Mr. Schneider is a 27 year-old driver in Wisconsin. He has a
history seizure and has remained seizure free since 2004. He does not
take seizure medication and states that he has never taken seizure
medication. If granted the exemption, he would like to drive a heavy
equipment truck. His physician states that he is supportive of Mr.
Schneider receiving an exemption.
Barry Von Gulner
Mr. Von Gulner is a 49 year-old driver in Wisconsin. He has a
history of a solitary seizure in 2008. He takes anti-seizure medication
with the dosage and frequency remaining the same since that time. If
granted the exemption, he would like to drive a CMV. His physician
states that he is supportive of Mr. Von Gulner receiving an exemption.
John Welch
Mr. Welch is a 27 year-old class B commercial driver's license
holder in New Hampshire. He has a history of seizure and has remained
seizure free since 2000. He has not taken seizure medication since
2009. If granted the exemption, he would like to continue to drive a
CMV. His physician states that he is supportive of Mr. Welch 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: November 1, 2013.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2013-27109 Filed 11-12-13; 8:45 am]
BILLING CODE 4910-EX-P