Qualification of Drivers; Exemption Applications; Epilepsy and Seizure Disorders, 14329-14331 [2014-05501]

Download as PDF Federal Register / Vol. 79, No. 49 / Thursday, March 13, 2014 / Notices the goals and objectives of 49 U.S.C. 31136(e) and 31315. TKELLEY on DSK3SPTVN1PROD with NOTICES Basis for Renewing Exemptions Under 49 U.S.C. 31315(b)(1), an exemption may be granted for no longer than two years from its approval date and may be renewed upon application for additional two year periods. In accordance with 49 U.S.C. 31136(e) and 31315, each of the 17 applicants has satisfied the entry conditions for obtaining an exemption from the vision requirements (67 FR 68719; 68 FR 2629; 70 FR 57353; 70 FR 72689; 70 FR 7545; 71 FR 4194; 71 FR 13450; 72 FR 39879; 72 FR 40362; 72 FR 52419; 72 FR 62897; 73 FR 9158; 74 FR 19267; 74 FR 28094; 74 FR 43217; 74 FR 57551; 74 FR 60021; 74 FR 64124; 74 FR 65842; 75 FR 1451; 75 FR 1835; 75 FR 9482; 75 FR 9484; 76 FR 44652; 76 FR 66123; 76 FR 78729; 77 FR 3552; 77 FR 10604; 77 FR 10606; 77 FR 13691). Each of these 17 applicants has requested renewal of the exemption and has submitted evidence showing that the vision in the better eye continues to meet the requirement specified at 49 CFR 391.41(b)(10) and that the vision impairment is stable. In addition, a review of each record of safety while driving with the respective vision deficiencies over the past two years indicates each applicant continues to meet the vision exemption requirements. These factors provide an adequate basis for predicting each driver’s ability to continue to drive safely in interstate commerce. Therefore, FMCSA concludes that extending the exemption for each renewal applicant for a period of two years is likely to achieve a level of safety equal to that existing without the exemption. Request for Comments FMCSA will review comments received at any time concerning a particular driver’s safety record and determine if the continuation of the exemption is consistent with the requirements at 49 U.S.C. 31136(e) and 31315. However, FMCSA requests that interested parties with specific data concerning the safety records of these drivers submit comments by April 14, 2014. FMCSA believes that the requirements for a renewal of an exemption under 49 U.S.C. 31136(e) and 31315 can be satisfied by initially granting the renewal and then requesting and evaluating, if needed, subsequent comments submitted by interested parties. As indicated above, the Agency previously published notices of final disposition announcing its decision to exempt these 17 VerDate Mar<15>2010 17:33 Mar 12, 2014 Jkt 232001 individuals from the vision requirement in 49 CFR 391.41(b)(10). The final decision to grant an exemption to each of these individuals was made on the merits of each case and made only after careful consideration of the comments received to its notices of applications. The notices of applications stated in detail the qualifications, experience, and medical condition of each applicant for an exemption from the vision requirements. That information is available by consulting the above cited Federal Register publications. Interested parties or organizations possessing information that would otherwise show that any, or all, of these drivers are not currently achieving the statutory level of safety should immediately notify FMCSA. The Agency will evaluate any adverse evidence submitted and, if safety is being compromised or if continuation of the exemption would not be consistent with the goals and objectives of 49 U.S.C. 31136(e) and 31315, FMCSA will take immediate steps to revoke the exemption of a driver. 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 numbers FMCSA–2002–12844; FMCSA–2005– 22194; FMCSA–2005–23099; FMCSA– 2007–27897; FMCSA–2009–0086; FMCSA–2009–0206; FMCSA–2009– 0291; FMCSA–2009–0321; FMCSA– 2011–0365 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, self-addressed postcard or envelope. We will consider all comments and material received during the comment period and may change this proposed PO 00000 Frm 00118 Fmt 4703 Sfmt 4703 14329 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–2002–12844; FMCSA–2005– 22194; FMCSA–2005–23099; FMCSA– 2007–27897; FMCSA–2009–0086; FMCSA–2009–0206; FMCSA–2009– 0291; FMCSA–2009–0321; FMCSA– 2011–0365 and click ‘‘Search.’’ Next, click ‘‘Open Docket Folder’’ and you will find all documents and comments related to the proposed rulemaking. Issued on: February 26, 2014. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2014–05508 Filed 3–12–14; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA–2013–0443] 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 13 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. SUMMARY: E:\FR\FM\13MRN1.SGM 13MRN1 14330 Federal Register / Vol. 79, No. 49 / Thursday, March 13, 2014 / Notices Comments must be received on or before April 14, 2014. ADDRESSES: You may submit comments bearing the Federal Docket Management System (FDMS) Docket ID FMCSA– 2013–0443 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. TKELLEY on DSK3SPTVN1PROD with NOTICES DATES: 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– VerDate Mar<15>2010 17:33 Mar 12, 2014 Jkt 232001 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 13 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 PO 00000 Frm 00119 Fmt 4703 Sfmt 4703 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–2013–0443’’ 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–2013–0443’’ and click ‘‘Search.’’ Next, click ‘‘Open Docket Folder’’ and you will find all documents and comments related to the proposed rulemaking. Summary of Applications Thomas Bynum Mr. Bynum is a 61 year-old class A CDL holder in North Carolina. He does not have a history of seizure. He takes anti-seizure medication since his surgery 35 years ago with the dosage and frequency remaining the same since that time. If granted the exemption, he E:\FR\FM\13MRN1.SGM 13MRN1 Federal Register / Vol. 79, No. 49 / Thursday, March 13, 2014 / Notices would like to drive a CMV. His physician states that he is supportive of Mr. Bynum receiving an exemption. Brian Conaway Mr. Conaway is a 42 year-old class B CDL holder in Ohio. He has a history of seizures and has remained seizure free and off anti-seizure medication since his surgery 1999. If granted the exemption, he would like to drive a CMV. His physician states that he is supportive of Mr. Conaway receiving an exemption. Joan Diaz Ms. Diaz is a 49 year-old class B CDL holder in Maryland. She has a history of seizure disorder and has remained seizure free for 32 years. She takes antiseizure medication with the dosage and frequency remaining the same for over 3 years. If granted the exemption, she would like to drive a school bus. Her physician states that he is supportive of Ms. Diaz receiving an exemption. Christopher Fitch Mr. Fitch is a 51 year-old class B CDL holder in New York. He has a history of seizures and his last seizure was one year ago while in the hospital. 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 CMV. His physician states that he is supportive of Mr. Fitch receiving an exemption. Ronald Hartl 2 years. If granted the exemption, he would like to drive a CMV. His physician states that he is supportive of Mr. Hoisington receiving an exemption. Earnest Lansberry Michael Miller [FR Doc. 2014–05501 Filed 3–12–14; 8:45 am] Mr. Miller is a 56 year-old driver in Wisconsin. He has a history of epilepsy and has remained seizure free seizure for 11 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 CMV. His physician states that he is supportive of Mr. Miller receiving an exemption. BILLING CODE 4910–EX–P Scott Smith Mr. Smith is a 39 year-old driver in California. He has a history of seizure and has remained seizure free for 12 years. He discontinued his anti-seizure medication 18 months ago. If granted the exemption, he would like to drive a CMV. His physician is supportive of Mr. Smith receiving an exemption. Nathaniel Ware Mr. Hernandez is a 40 year-old driver in California. He has a history of seizure disorder and has remained seizure free for 14 years. 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 CMV. His physician states that he is supportive of Mr. Hernandez receiving an exemption. TKELLEY on DSK3SPTVN1PROD with NOTICES Donald Hernandez Mr. Ware is a 33 year-old driver in Alabama. He has a history of seizures and has remained seizure free for 4 years. He takes anti-seizure medication with the dosage and frequency remaining the same for 2 years. If granted the exemption, he would like to drive a CMV. His physician states that he is supportive of Mr. Ware receiving an exemption. Craig Hoisington Jason Yowell Mr. Hoisington is a 41 year-old driver in New Hampshire. He has a history of epilepsy and has remained seizure free for 10 years. He takes anti-seizure medication with the dosage and frequency remaining the same for over Mr. Yowell is a 42 year-old driver in Virginia. He has a history of seizures and has remained seizure free for 4 years. He discontinued his anti-seizure medication 10 months ago. If granted the exemption, he would like to drive a Jkt 232001 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: February 26, 2014. Larry W. Minor, Associate Administrator for Policy. Mr. Hartl is a 55 year old driver in Wisconsin. He has a history of epilepsy and has remained seizure free for 35 years. He takes anti-seizure medication with the dosage and frequency remaining the same for over 10 years. If granted the exemption, he would like to drive a CMV. His physician states that he is supportive of Mr. Hartl receiving an exemption. 17:33 Mar 12, 2014 CMV. His physician states that he is supportive of Mr. Yowell receiving an exemption. Mr. Lansberry is a 62 year-old driver in Pennsylvania. He has a history of seizure disorder and has remained seizure free for 7 years. 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. Lansberry receiving an exemption. Peter Thompson VerDate Mar<15>2010 14331 Mr. Thompson is a 21 year-old driver in Florida. He has a history of seizures and has remained seizure free for over 10 years. He discontinued his antiseizure medication 8 years ago. If granted the exemption, he would like to drive a CMV. His physician states that he is supportive of Mr. Thompson receiving an exemption. PO 00000 Frm 00120 Fmt 4703 Sfmt 4703 DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA–2003–16241; FMCSA– 2003–16564; FMCSA–2004–19477; FMCSA– 2007–0071; FMCSA–2007–29019; FMCSA– 2009–0291; FMCSA–2009–0321; FMCSA– 2011–0298; FMCSA–2011–0299] Qualification of Drivers; Exemption Applications; Vision Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice of renewal of exemptions; request for comments. AGENCY: FMCSA announces its decision to renew the exemptions from the vision requirement in the Federal Motor Carrier Safety Regulations for 23 individuals. FMCSA has statutory authority to exempt individuals from the vision requirement if the exemptions granted will not compromise safety. The Agency has concluded that granting these exemption renewals will provide a level of safety that is equivalent to or greater than the level of safety maintained without the exemptions for these commercial motor vehicle (CMV) drivers. DATES: This decision is effective March 31, 2014. Comments must be received on or before April 14, 2014. ADDRESSES: You may submit comments bearing the Federal Docket Management System (FDMS) numbers: Docket No. [Docket No. FMCSA–2003–16241; FMCSA–2003–16564; FMCSA–2004– 19477; FMCSA–2007–0071; FMCSA– 2007–29019; FMCSA–2009–0291; FMCSA–2009–0321; FMCSA–2011– 0298; FMCSA–2011–0299], using any of the following methods: • Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the SUMMARY: E:\FR\FM\13MRN1.SGM 13MRN1

Agencies

[Federal Register Volume 79, Number 49 (Thursday, March 13, 2014)]
[Notices]
[Pages 14329-14331]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-05501]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2013-0443]


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 13 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.

[[Page 14330]]


DATES: Comments must be received on or before April 14, 2014.

ADDRESSES: You may submit comments bearing the Federal Docket 
Management System (FDMS) Docket ID FMCSA-2013-0443 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 13 
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-2013-0443'' 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-2013-0443'' and click ``Search.'' Next, click ``Open Docket 
Folder'' and you will find all documents and comments related to the 
proposed rulemaking.

Summary of Applications

Thomas Bynum

    Mr. Bynum is a 61 year-old class A CDL holder in North Carolina. He 
does not have a history of seizure. He takes anti-seizure medication 
since his surgery 35 years ago with the dosage and frequency remaining 
the same since that time. If granted the exemption, he

[[Page 14331]]

would like to drive a CMV. His physician states that he is supportive 
of Mr. Bynum receiving an exemption.

Brian Conaway

    Mr. Conaway is a 42 year-old class B CDL holder in Ohio. He has a 
history of seizures and has remained seizure free and off anti-seizure 
medication since his surgery 1999. If granted the exemption, he would 
like to drive a CMV. His physician states that he is supportive of Mr. 
Conaway receiving an exemption.

Joan Diaz

    Ms. Diaz is a 49 year-old class B CDL holder in Maryland. She has a 
history of seizure disorder and has remained seizure free for 32 years. 
She takes anti-seizure medication with the dosage and frequency 
remaining the same for over 3 years. If granted the exemption, she 
would like to drive a school bus. Her physician states that he is 
supportive of Ms. Diaz receiving an exemption.

Christopher Fitch

    Mr. Fitch is a 51 year-old class B CDL holder in New York. He has a 
history of seizures and his last seizure was one year ago while in the 
hospital. 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 CMV. His physician states that he 
is supportive of Mr. Fitch receiving an exemption.

Ronald Hartl

    Mr. Hartl is a 55 year old driver in Wisconsin. He has a history of 
epilepsy and has remained seizure free for 35 years. He takes anti-
seizure medication with the dosage and frequency remaining the same for 
over 10 years. If granted the exemption, he would like to drive a CMV. 
His physician states that he is supportive of Mr. Hartl receiving an 
exemption.

Donald Hernandez

    Mr. Hernandez is a 40 year-old driver in California. He has a 
history of seizure disorder and has remained seizure free for 14 years. 
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 CMV. His physician states that he is supportive of Mr. 
Hernandez receiving an exemption.

Craig Hoisington

    Mr. Hoisington is a 41 year-old driver in New Hampshire. He has a 
history of epilepsy and has remained seizure free for 10 years. 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 CMV. His physician states that he is supportive of Mr. 
Hoisington receiving an exemption.

Earnest Lansberry

    Mr. Lansberry is a 62 year-old driver in Pennsylvania. He has a 
history of seizure disorder and has remained seizure free for 7 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 CMV. His physician states that he is supportive of Mr. 
Lansberry receiving an exemption.

Michael Miller

    Mr. Miller is a 56 year-old driver in Wisconsin. He has a history 
of epilepsy and has remained seizure free seizure for 11 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 CMV. His physician states that he is supportive of Mr. Miller 
receiving an exemption.

Scott Smith

    Mr. Smith is a 39 year-old driver in California. He has a history 
of seizure and has remained seizure free for 12 years. He discontinued 
his anti-seizure medication 18 months ago. If granted the exemption, he 
would like to drive a CMV. His physician is supportive of Mr. Smith 
receiving an exemption.

Peter Thompson

    Mr. Thompson is a 21 year-old driver in Florida. He has a history 
of seizures and has remained seizure free for over 10 years. He 
discontinued his anti-seizure medication 8 years ago. If granted the 
exemption, he would like to drive a CMV. His physician states that he 
is supportive of Mr. Thompson receiving an exemption.

Nathaniel Ware

    Mr. Ware is a 33 year-old driver in Alabama. He has a history of 
seizures and has remained seizure free for 4 years. He takes anti-
seizure medication with the dosage and frequency remaining the same for 
2 years. If granted the exemption, he would like to drive a CMV. His 
physician states that he is supportive of Mr. Ware receiving an 
exemption.

Jason Yowell

    Mr. Yowell is a 42 year-old driver in Virginia. He has a history of 
seizures and has remained seizure free for 4 years. He discontinued his 
anti-seizure medication 10 months ago. If granted the exemption, he 
would like to drive a CMV. His physician states that he is supportive 
of Mr. Yowell 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: February 26, 2014.
 Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2014-05501 Filed 3-12-14; 8:45 am]
BILLING CODE 4910-EX-P
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.