18822 Federal Register / Vol. 76, No. 65 / Tuesday, April 5, 2011 / Notices 

in a sanctionable investment described 

in section 5(a) of the ISA, as in effect on 

the day before the date of enactment of 

the Comprehensive Iran Sanctions, 

Accountability, and Divestment Act of 

2010 (‘‘CISADA’’). Pursuant to section 

5(a) of the ISA and the Delegation 

Memorandum, and consistent with 

section 102(h)(2) of CISADA, the 

Secretary has determined to impose on 

Belarusneft the following sanctions 

described in section 6 of the ISA: 

1. Export-Import Bank assistance for 

exports to sanctioned persons. The 

Export-Import Bank of the United States 

shall not give approval to the issuance 

of any guarantee, insurance, extension 

of credit, or participation in the 

extension of credit in connection with 

the export of any goods or services to 

Belarusneft. 

2. Export sanction. The United States 

Government shall not issue any specific 

license and shall not grant any other 

specific permission or authority to 

export any goods or technology to 

Belarusneft under— 

a. The Export Administration Act of 

1979 (50 U.S.C. Appx. §§ 2401 et seq.); 

b. The Arms Export Control Act (22 

U.S.C. 2751 et seq.); 

c. The Atomic Energy Act of 1954 (42 

U.S.C. 2011 et seq.); or 

d. Any other statute that requires the 

prior review and approval of the United 

States Government as a condition for the 

export or reexport of goods or services. 

3. Loans from United States financial 

institutions. United States financial 

institutions shall be prohibited from 

making loans or providing credits to 

Belarusneft totaling more than 

$10,000,000 in any 12-month period 

unless Belarusneft is engaged in 

activities to relieve human suffering and 

the loans or credits are provided for 

such activities. 

4. Procurement sanction. The United 

States Government shall not procure, or 

enter into any contract for the 

procurement of, any goods or services 

from Belarusneft. 

These sanctions shall remain in effect 

until otherwise directed pursuant to the 

provisions of the ISA or other applicable 

authority. Pursuant to the authority 

delegated to the Secretary of State in the 

Delegation Memorandum, relevant 

agencies and instrumentalities of the 

United States Government are hereby 

directed to take all appropriate 

measures within their authority to carry 

out the provisions of this notice. 

The following constitutes a current, as 

of this date, list of persons on whom 

sanctions are imposed under the ISA. 

The particular sanctions imposed on an 

individual company are identified in 

the relevant Federal Register Notice. 

—Belarusneft; 

—Naftiran Intertrade Company (see 

Public Notice 7197, 75 Fed. Reg. 62916, 

Oct. 13, 2010). 

Dated: March 29, 2011. 

Jose Fernandez, 

Assistant Secretary of State for Economic, 

Energy and Business Affairs, Department of 

State. 

[FR Doc. 2011–8096 Filed 4–4–11; 8:45 am] 

BILLING CODE 4710–07–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–2011–0089] 

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. 

If granted, the exemptions would enable 

these individuals with seizure disorders 

to operate CMVs in interstate commerce. 

DATES: Comments must be received on 

or before May 5, 2011. 

ADDRESSES: You may submit comments 

bearing the Federal Docket Management 

System (FDMS) Docket ID FMCSA– 

2011–0089 using any of the following 

methods: 

• Federal eRulemaking Portal: Go to 

http://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 

http://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 http:// 

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 April 11, 2000 

(65 FR 19477–78; Apr. 11, 2000). This 

information is also available at http:// 

Docketinfo.dot.gov. 

FOR FURTHER INFORMATION CONTACT: Dr. 

Mary D. Gunnels, Director, Medical 

Programs, (202) 366–4001, fmcsa

medical@dot.gov, FMCSA, Room W64– 

224, 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 commercial motor 

vehicle. 


srobinson on DSKHWCL6B1PROD with NOTICES
Federal Register / Vol. 76, No. 65 / Tuesday, April 5, 2011 / Notices 18823 

FMCSA provides medical advisory 

criteria for use by medical examiners in 

determining whether drivers with 

certain medical conditions should be 

certified to operate commercial motor 

vehicles in intrastate commerce. The 

advisory criteria indicates 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 commercial motor vehicle 

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 with 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. 

Summary of Applications 

Brian Sessions 

Mr. Sessions is a CMV driver in the 

state of Maine. He was diagnosed with 

seizure disorder in 1985 and placed on 

medication with good control until 1989 

when his doctor recommended stopping 

the medicine. Mr. Sessions suffered a 

relapse seizure due to improper 

withdrawal advice in 1989 and resumed 

his medication. He was withdrawn 

successfully from his anti-seizure 

medication in 2007 and has remained 

medication free since that time. Mr. 

Sessions believes that he would achieve 

a level of safety that is equivalent to the 

level of safety obtained by complying 

with the regulation because he has 

remained seizure-free for 22 years and 

off anti-seizure medication for 4 years. 

Donald Schutz 

Mr. Schutz is a CMV driver in the 

state of Ohio. He states that he was 

diagnosed with a brain tumor in 2002 

and that he suffered a seizure due to the 

tumor in July of that year. He had brain 

surgery in November 2002 and the 

tumor was successfully removed. Mr. 

Schutz has been taking the anti-seizure 

medication Dilantin since that time and 

has no further seizures. He has his 

medication levels checked often by 

blood tests and remains compliant with 

his regimen. Mr. Schutz believes that he 

would achieve a level of safety that is 

equivalent to the level of safety obtained 

by complying with the regulation 

because he has remained seizure-free for 

9 years and has been on anti-seizure 

medication since 2002. 

Robin L. Sherwood 

Mr. Sherwood is a CMV driver in the 

state of Idaho. He states that he had a 

seizure caused by a brain tumor in 1997 

and that the tumor was successfully 

removed during the same year. Mr. 

Sherwood has taken anti-seizure 

medication (Carbotrol) since 1997 with 

no further seizure activity. His doctor 

supports Mr. Sherwood’s application for 

exemption because of his successful 

surgery and medication compliance. Mr. 

Sherwood believes that he would 

achieve a level of safety that is 

equivalent to the level of safety obtained 

by complying with the regulation 

because he has remained seizure-free 

since 1997, has an excellent driving 

record, and is compliant with his 

medication regimen for seizures. 

Frank Eveland 

Mr. Eveland is a CMV driver in the 

state of Wisconsin. He was diagnosed 

with one unprovoked seizure in 2003 

and placed on the anti-seizure 

medication Keppra at that time. His 

physician states that Mr. Eveland has 

had no further seizures and that his 

medication level is checked regularly by 

blood tests. The doctor states that Mr. 

Eveland is safe to operate a motor 

vehicle and that he is compliant with 

his medication. Mr. Eveland believes 

that he would achieve a level of safety 

that is equivalent to the level of safety 

obtained by complying with the 

regulation because he has maintained 

good medication control and has 

remained seizure-free for 8 years. 

Frank Cekovic 

Mr. Cekovic is a CMV driver in the 

state of Pennsylvania. He was diagnosed 

with a seizure disorder in January 2009 

and placed on the anti-seizure 

medication Keppra at that time. His 

treating physician states that he is 

compliant with his medication regimen 

and that his risk of a recurrent seizure 

is very low. The CMV that he operates 

is a ‘‘bucket truck’’ for a power and light 

company and Mr. Cekovic states that the 

maximum distance he drives between 

job sites is no more than 20 miles per 

day. 

Paul G. Kane 

Mr. Kane is a CMV operator in the 

state of Massachusetts and he had a 

seizure in 2006. He had one other 

seizure in December 2009 and was 

placed on Keppra by his treating 

physician. Both seizures were listed as 

being from ‘‘unknown causes’’. His 

diagnosis is seizure disorder and he has 

done well on his medication with no 

further seizures according to his treating 

physician. Mr. Kane states that his 

maximum daily average CMV mileage 

would be between 5–20 miles per day. 

Darren Keith 

Mr. Keith is a CMV driver from 

Missouri and suffered a seizure in 

October 2009. He was placed on the 

anti-seizure medication Dilantin at that 

time. Mr. Keith also reported that he 

had two childhood episodes of febrile 

seizures. Mr. Keith was able to 

discontinue his medication with no ill 

effects in March 2010 and diagnostic 

testing revealed that he does not exhibit 

epilepsy symptoms. 

Richard Laqua 

Mr. Laqua is a CMV driver from 

Minnesota and was diagnosed with a 

partial seizure in March 2009. He was 

placed on the anti-seizure medication 

Trileptal at that time and has had no 

further seizure episodes. Mr. Laqua 

operates a milk truck. 

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: March 29, 2011. 

Larry W. Minor, 

Associate Administrator for Policy. 

[FR Doc. 2011–7955 Filed 4–4–11; 8:45 am] 

BILLING CODE P 


srobinson on DSKHWCL6B1PROD with NOTICES