Qualification of Drivers; Exemption Applications; Epilepsy and Seizure Disorders, 38663-38665 [2014-15955]
Download as PDF
Federal Register / Vol. 79, No. 130 / Tuesday, July 8, 2014 / Notices
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 August 7,
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 12
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.
tkelley on DSK3SPTVN1PROD with NOTICES
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–1999–5578; FMCSA–2004–
17195; FMCSA–2005–21254; FMCSA–
VerDate Mar<15>2010
16:48 Jul 07, 2014
Jkt 232001
2006–24015; FMCSA–2010–0082;
FMCSA–2011–0379; FMCSA–2012–
0106; FMCSA–2012–0159 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–1999–5578; FMCSA–2004–
17195; FMCSA–2005–21254; FMCSA–
2006–24015; FMCSA–2010–0082;
FMCSA–2011–0379; FMCSA–2012–
0106; FMCSA–2012–0159 and click
‘‘Search.’’ Next, click ‘‘Open Docket
Folder’’ and you will find all documents
and comments related to the proposed
rulemaking.
Issued on: June 30, 2014.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2014–15954 Filed 7–7–14; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2014–0212]
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 8 individuals for an
exemption from the prohibition against
persons with a clinical diagnosis of
epilepsy or any other condition which
SUMMARY:
PO 00000
Frm 00182
Fmt 4703
Sfmt 4703
38663
is likely to cause a loss of consciousness
or any loss of ability to operate a
commercial motor vehicle (CMV) from
operating CMVs in interstate commerce.
The regulation and the associated
advisory criteria published in the Code
of Federal Regulations as the
‘‘Instructions for Performing and
Recording Physical Examinations’’ have
resulted in numerous drivers being
prohibited from operating CMVs in
interstate commerce based on the fact
that they have had one or more seizures
and are taking anti-seizure medication,
rather than an individual analysis of
their circumstances by a qualified
medical examiner. If granted, the
exemptions would enable these
individuals who have had one or more
seizures and are taking anti-seizure
medication to operate CMVs for 2 years
in interstate commerce.
DATES: Comments must be received on
or before August 7, 2014.
ADDRESSES: You may submit comments
bearing the Federal Docket Management
System (FDMS) Docket ID FMCSA–
2014–0212 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 acknowledgment
E:\FR\FM\08JYN1.SGM
08JYN1
38664
Federal Register / Vol. 79, No. 130 / Tuesday, July 8, 2014 / Notices
tkelley on DSK3SPTVN1PROD with NOTICES
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 to
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 8
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
VerDate Mar<15>2010
16:48 Jul 07, 2014
Jkt 232001
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–2014–0212’’ 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.
PO 00000
Frm 00183
Fmt 4703
Sfmt 4703
Viewing Comments and Documents
To view comments, as well as any
documents mentioned in this preamble,
or to submit your comment online, go to
https://www.regulations.gov and in the
search box insert the docket number
‘‘FMCSA–2014–0212’’ and click
‘‘Search.’’ Next, click ‘‘Open Docket
Folder’’ and you will find all documents
and comments related to the proposed
rulemaking.
Summary of Applications
Ruben Alcantar
Mr. Alcantar is a 39-year-old driver in
Oregon. He has a history of a single
seizure in 1992 and has remained
seizure free since that time. He takes
anti-seizure medication with the dosage
and frequency remaining the same since
1992. If granted the exemption, he
would like to drive a CMV. His
physician states that he is supportive of
Mr. Alcantar receiving an exemption.
Charles Barnett
Mr. Barnett is a 67-year-old driver in
Virginia. He has a history of seizures
and has remained seizure free since
2011. He takes anti-seizure medication
with the dosage and frequency
remaining the same since that time. If
granted an exemption, he would like to
drive a CMV. His physician states he is
supportive of Mr. Barnett receiving an
exemption.
Peter Bender
Mr. Bender is a 58-year-old class A
CDL holder in Minnesota. He has a
history of seizures and has remained
seizure free since 1996. He takes antiseizure medication with the dosage and
frequency remaining the same since that
time. If granted an exemption, he would
like to drive a CMV. His physician states
he is supportive of Mr. Bender receiving
an exemption.
James Boyd
Mr. Boyd is a 56-year-old driver in
Kansas. He has a history of a single
seizure in 2011 following surgery of a
traumatic brain injury and has remained
seizure free since that time. He takes
anti-seizure medication with the dosage
and frequency remaining the same since
for 2 years. If granted the exemption, he
would like to drive a CMV. His
physician states that he is supportive of
Mr. Boyd receiving an exemption.
Terry Hamby
Mr. Hamby is a 44-year-old class A
CDL holder in North Carolina. He has a
history of seizures and has remained
seizure free since 1981. He takes antiseizure medication with the dosage and
E:\FR\FM\08JYN1.SGM
08JYN1
Federal Register / Vol. 79, No. 130 / Tuesday, July 8, 2014 / Notices
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. Hamby receiving an exemption.
Louis Lerch
Mr. Lerch is a 62-year-old class A CDL
holder in Iowa. He has a history of
seizures and has remained seizure free
since 1978. 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 that he is supportive of
Mr. Lerch receiving an exemption.
Joaquin Polin
Mr. Polin is a 47-year-old driver in
New York. He has a history of epilepsy
and has remained seizure free since
2010. 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. Polin receiving
an exemption.
Angel Velez-Cruz
Mr. Velez-Cruz is a 30-year-old class
B CDL holder in New Jersey. He has a
history of seizures and has remained
seizure free since 2004. He takes antiseizure medication with the dosage and
frequency remaining the same since
2009. If granted the exemption, he
would like to drive a CMV. His
physician states that he is supportive of
Mr. Velez-Cruz 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: June 25, 2014.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2014–15955 Filed 7–7–14; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
tkelley on DSK3SPTVN1PROD with NOTICES
Federal Transit Administration
[Docket No. FTA–2014–0016]
Notice of Proposed Buy America
Waiver for Waterjets
AGENCY:
Federal Transit Administration,
DOT.
VerDate Mar<15>2010
16:48 Jul 07, 2014
Jkt 232001
Notice of proposed Buy America
waiver and request for comment.
ACTION:
The Federal Transit
Administration (FTA) received a request
for a waiver to permit the purchase of
new waterjets that are non-compliant
with Buy America requirements using
FTA funding. The request is from the
Golden Gate Bridge Highway &
Transportation District (Golden Gate
Bridge) for its M.V. Mendocini ferry
vessel. In accordance with 49 U.S.C.
5323(j)(3)(A), FTA is providing notice of
the waiver request and seeks public
comment before deciding whether to
grant the request. If granted, the waiver
only would apply to a one-time FTAfunded procurement by Golden Gate
Bridge.
SUMMARY:
Comments must be received by
July 15, 2014. Late-filed comments will
be considered to the extent practicable.
ADDRESSES: Please submit your
comments by one of the following
means, identifying your submissions by
docket number FTA–2014–0016:
1. Web site: https://
www.regulations.gov. Follow the
instructions for submitting comments
on the U.S. Government electronic
docket site.
2. Fax: (202) 493–2251.
3. Mail: U.S. Department of
Transportation, 1200 New Jersey
Avenue SE., Docket Operations, M–30,
West Building, Ground Floor, Room
W12–140, Washington, DC 20590–0001.
4. Hand Delivery: U.S. Department of
Transportation, 1200 New Jersey
Avenue SE., Docket Operations, M–30,
West Building, Ground Floor, Room
W12–140, Washington, DC 20590–0001
between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
Instructions: All submissions must
make reference to the ‘‘Federal Transit
Administration’’ and include docket
number FTA–2014–0016. Due to the
security procedures in effect since
October 2011, mail received through the
U.S. Postal Service may be subject to
delays. Parties making submissions
responsive to this notice should
consider using an express mail firm to
ensure the prompt filing of any
submissions not filed electronically or
by hand. Note that all submissions
received, including any personal
information therein, will be posted
without change or alteration to https://
www.regulations.gov. For more
information, you may review DOT’s
complete Privacy Act Statement in the
Federal Register published April 11,
2000 (65 FR 19477), or you may visit
https://www.regulations.gov.
DATES:
PO 00000
Frm 00184
Fmt 4703
Sfmt 4703
38665
FOR FURTHER INFORMATION CONTACT:
Mary J. Lee, FTA Attorney-Advisor, at
(202) 366–0985 or mary.j.lee@dot.gov.
SUPPLEMENTARY INFORMATION: The
purpose of this notice is to provide
notice and seek comment on whether
the FTA should a grant non-availability
waiver for Golden Gate Bridge’s
procurement of replacement waterjets
for its M.V. Mendocini ferry vessel.
With certain exceptions, FTA’s Buy
America requirements prevent FTA
from obligating an amount that may be
appropriated to carry out its program for
a project unless ‘‘the steel, iron, and
manufactured goods used in the project
are produced in the United States.’’ 49
U.S.C. 5323(j)(1). A manufactured
product is considered produced in the
United States if: (1) all of the
manufacturing processes for the product
take place in the United States; and (2)
all of the components of the product are
of U.S. origin. A component is
considered of U.S. origin if it is
manufactured in the United States,
regardless of the origin of its
subcomponents. 49 CFR 661.5(d). If,
however, FTA determines that ‘‘the
steel, iron, and goods produced in the
United States are not produced in a
sufficient and reasonably available
amount or are not of a satisfactory
quality,’’ then FTA may issue a waiver
(non-availability waiver). 49 U.S.C.
5323(j)(2)(B); 49 CFR 661.7(c).
Golden Gate Bridge provides ferry
service to an average of 7,000 passengers
per day. According to Golden Gate
Bridge, ridership continues to increase
and continued maintenance of its fleet
of ferry vessels, such as the M.V.
Mendocini, is necessary to provide
reliable service. At this time, Golden
Gate Bridge needs to replace the
waterjets in the M.V. Mendocini.
Golden Gate Bridge asserts that there is
only one manufacturer of commercial
waterjets in the United States, NAMjet
of Arkansas, but this manufacturer only
provides waterjets for smaller ferry
vessels that have no more than 800
brake horsepower (bhp), which is less
than half the amount of bhp needed for
Golden Gate Bridge’s M.V. Mendocini
ferry vessel. In addition, the M.V.
Mendocini ferry vessel’s design and
control system configuration only
permits a waterjet such as the one
HamiltonJet of New Zealand
manufactures, which is not Buy
America compliant.
The purpose of this notice is to
publish Golden Gate Bridge’s request
and seek public comment from all
interested parties in accordance with 49
U.S.C. 5323(j)(3)(A). Comments will
help FTA understand completely the
E:\FR\FM\08JYN1.SGM
08JYN1
Agencies
[Federal Register Volume 79, Number 130 (Tuesday, July 8, 2014)]
[Notices]
[Pages 38663-38665]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-15955]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2014-0212]
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 8 individuals for
an exemption from the prohibition against persons with a clinical
diagnosis of epilepsy or any other condition which is likely to cause a
loss of consciousness or any loss of ability to operate a commercial
motor vehicle (CMV) from operating CMVs in interstate commerce. The
regulation and the associated advisory criteria published in the Code
of Federal Regulations as the ``Instructions for Performing and
Recording Physical Examinations'' have resulted in numerous drivers
being prohibited from operating CMVs in interstate commerce based on
the fact that they have had one or more seizures and are taking anti-
seizure medication, rather than an individual analysis of their
circumstances by a qualified medical examiner. If granted, the
exemptions would enable these individuals who have had one or more
seizures and are taking anti-seizure medication to operate CMVs for 2
years in interstate commerce.
DATES: Comments must be received on or before August 7, 2014.
ADDRESSES: You may submit comments bearing the Federal Docket
Management System (FDMS) Docket ID FMCSA-2014-0212 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 acknowledgment
[[Page 38664]]
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 to 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 8
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-2014-0212'' 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, or to submit your comment online, go to https://www.regulations.gov and in the search box insert the docket number
``FMCSA-2014-0212'' and click ``Search.'' Next, click ``Open Docket
Folder'' and you will find all documents and comments related to the
proposed rulemaking.
Summary of Applications
Ruben Alcantar
Mr. Alcantar is a 39-year-old driver in Oregon. He has a history of
a single seizure in 1992 and has remained seizure free since that time.
He takes anti-seizure medication with the dosage and frequency
remaining the same since 1992. If granted the exemption, he would like
to drive a CMV. His physician states that he is supportive of Mr.
Alcantar receiving an exemption.
Charles Barnett
Mr. Barnett is a 67-year-old driver in Virginia. He has a history
of seizures and has remained seizure free since 2011. He takes anti-
seizure medication with the dosage and frequency remaining the same
since that time. If granted an exemption, he would like to drive a CMV.
His physician states he is supportive of Mr. Barnett receiving an
exemption.
Peter Bender
Mr. Bender is a 58-year-old class A CDL holder in Minnesota. He has
a history of seizures and has remained seizure free since 1996. He
takes anti-seizure medication with the dosage and frequency remaining
the same since that time. If granted an exemption, he would like to
drive a CMV. His physician states he is supportive of Mr. Bender
receiving an exemption.
James Boyd
Mr. Boyd is a 56-year-old driver in Kansas. He has a history of a
single seizure in 2011 following surgery of a traumatic brain injury
and has remained seizure free since that time. He takes anti-seizure
medication with the dosage and frequency remaining the same since for 2
years. If granted the exemption, he would like to drive a CMV. His
physician states that he is supportive of Mr. Boyd receiving an
exemption.
Terry Hamby
Mr. Hamby is a 44-year-old class A CDL holder in North Carolina. He
has a history of seizures and has remained seizure free since 1981. He
takes anti-seizure medication with the dosage and
[[Page 38665]]
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. Hamby receiving an exemption.
Louis Lerch
Mr. Lerch is a 62-year-old class A CDL holder in Iowa. He has a
history of seizures and has remained seizure free since 1978. 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 that he is supportive of Mr. Lerch receiving
an exemption.
Joaquin Polin
Mr. Polin is a 47-year-old driver in New York. He has a history of
epilepsy and has remained seizure free since 2010. 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. Polin receiving
an exemption.
Angel Velez-Cruz
Mr. Velez-Cruz is a 30-year-old class B CDL holder in New Jersey.
He has a history of seizures and has remained seizure free since 2004.
He takes anti-seizure medication with the dosage and frequency
remaining the same since 2009. If granted the exemption, he would like
to drive a CMV. His physician states that he is supportive of Mr.
Velez-Cruz 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: June 25, 2014.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2014-15955 Filed 7-7-14; 8:45 am]
BILLING CODE 4910-EX-P