Federal Register / Vol. 80, No. 14 / Thursday, January 22, 2015 / Notices 3309 

rescinded earlier by FMCSA. The 

exemption will be rescinded if: (1) The 

person fails to comply with the terms 

and conditions of the exemption; (2) the 

exemption has resulted in a lower level 

of safety than was maintained before it 

was granted; or (3) continuation of the 

exemption would not be consistent with 

the goals and objectives of 49 U.S.C. 

31136(e) and 31315. 

III. 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 13 applicants has 

satisfied the entry conditions for 

obtaining an exemption from the vision 

requirements (77 FR 70534; 78 FR 

9772). Each of these 13 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. 

IV. Public Participation and Request for 

Comments 

FMCSA encourages you to participate 

by submitting comments and related 

materials. 

Submitting Comments 

If you submit a comment, please 

include the docket number for this 

notice (FMCSA–2012–0337), indicate 

the specific section of this document to 

which each comment applies, and 

provide a reason for each suggestion or 

recommendation. 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 the Agency can 

contact you if it has questions regarding 

your submission. 

To submit your comment online, go to 

http://www.regulations.gov and put the 

docket number, ‘‘FMCSA–2012–0337’’ 

in the ‘‘Keyword’’ box, and click 

‘‘Search.’’ When the new screen 

appears, click on ‘‘Comment Now!’’ 

button and type your comment into the 

text box in the following screen. Choose 

whether you are submitting your 

comment as an individual or on behalf 

of a third party and then submit. 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. FMCSA will consider all 

comments and material received during 

the comment period and may change 

this notice based on your comments. 

Viewing Comments and Documents 

To view comments, as well as any 

documents mentioned in this preamble 

as being available in the docket, go to 

http://www.regulations.gov and in the 

search box insert the docket number, 

‘‘FMCSA–2012–0337’’ in the 

‘‘Keyword’’ box and click ‘‘Search.’’ 

Next, click ‘‘Open Docket Folder’’ 

button choose the document listed to 

review. If you do not have access to the 

Internet, you may view the docket 

online by visiting the Docket 

Management Facility in Room W12–140 

on the ground floor of the DOT West 

Building, 1200 New Jersey Avenue SE., 

Washington, DC 20590, between 9 a.m. 

and 5 p.m., e.t., Monday through Friday, 

except Federal holidays. 

Issued on: January 12, 2015. 

Larry W. Minor, 

Associate Administrator for Policy. 

[FR Doc. 2015–01007 Filed 1–21–15; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–2014–0380] 

Qualification of Drivers; Exemption 

Applications; Epilepsy and Seizure 

Disorders 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), DOT. 

ACTION: Notice of applications for 

exemptions; request for comments. 

SUMMARY: FMCSA announces receipt of 

applications from 15 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 February 23, 2015. 

ADDRESSES: You may submit comments 

bearing the Federal Docket Management 

System (FDMS) Docket ID FMCSA– 

2014–0380 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 


tkelley on DSK3SPTVN1PROD with NOTICES
3310 Federal Register / Vol. 80, No. 14 / Thursday, January 22, 2015 / Notices 

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 http://

Docketinfo.dot.gov. 

FOR FURTHER INFORMATION CONTACT: 

Charles A. Horan, III, Director, Office of 

Carrier, Driver and Vehicle Safety, (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 15 

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 http://www.regulations.gov 

and in the search box insert the docket 

number ‘‘FMCSA–2014–0380’’ 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 

http://www.regulations.gov and in the 

search box insert the docket number 

‘‘FMCSA–2014–0380’’ and click 

‘‘Search.’’ Next, click ‘‘Open Docket 

Folder’’ and you will find all documents 

and comments related to the proposed 

rulemaking. 

Summary of Applications 

Allen James Broll 

Mr. Broll is a 26 year-old class A CDL 

holder in Minnesota. He has a history of 

spontaneous subdural hematoma. He 

has no history of seizure. He takes antiseizure medication as a prophylactic 

measure. If granted an exemption, he 

would like to drive a CMV. His 

physician states that he is supportive of 

Mr. Broll receiving an exemption. 

Dennis Lee Brown 

Mr. Brown is a 69 year-old class C 

CDL holder in Arizona. He has a history 

of epilepsy and has remained seizure 

free since 1999. 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. Brown receiving an exemption. 

Grover M. Curtis 

Mr. Curtis is a 52 year-old class A 

CDL holder in Oregon. He has a history 

of a seizure disorder and has remained 

seizure free since 2004. 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. Curtis receiving an exemption. 

Harold James Durkee 

Mr. Durkee is a 64 year-old driver in 

Wisconsin. He has a history of a seizure 

disorder and has remained seizure free 

since 1977. 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. Durkee receiving an exemption. 

Timothy W. Eyerly 

Mr. Eyerly is a 59 year-old driver in 

Pennsylvania. He has a history of a 

seizure disorder and has remained 

seizure free since 1981. He takes antiseizure medication with the dosage and 


tkelley on DSK3SPTVN1PROD with NOTICES
Federal Register / Vol. 80, No. 14 / Thursday, January 22, 2015 / Notices 3311 

frequency remaining the same since 

2002. If granted the exemption, he 

would like to drive a CMV. His 

physician states that he is supportive of 

Mr. Eyerly receiving an exemption. 

Mark A. Grafton 

Mr. Grafton is a 61 year-old class A 

CDL holder in Indiana. He has a history 

of a seizure in October 2014 secondary 

to a stroke. 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. Grafton receiving an exemption. 

Zachary Kyle Griffin 

Mr. Griffin is a 28 year-old driver in 

North Carolina. He has a history of posttraumatic seizure disorder and has 

remained seizure free since 2009. 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. Griffin receiving an 

exemption. 

Denton L. Hineline 

Mr. Hineline is a 55 year-old class A 

CDL holder in Washington. He has a 

history of a seizure disorder and has 

remained seizure free since 1979. He 

takes anti-seizure medication with the 

dosage and frequency remaining the 

same since 1988. If granted an 

exemption, he would like to drive a 

CMV. His physician states that he is 

supportive of Mr. Hineline receiving an 

exemption. 

Matthew M. Lohman 

Mr. Lohman is a 26 year-old driver in 

Illinois. 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 the 

exemption, he would like to drive a 

CMV. His physician states that he is 

supportive of Mr. Lohman receiving an 

exemption. 

Nicholas Blake Malott 

Mr. Malott is a 22 year-old driver in 

Virginia. He has a history of a seizure 

disorder and has remained seizure free 

since January 2014. 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. Malott receiving an exemption. 

Kevin W. Mathis 

Mr. Mathis is a 28 year-old driver in 

New Jersey. He has a history of epilepsy 

and has remained seizure free since 

2012. 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. Mathis receiving 

an exemption. 

Jason R. McKenzie 

Mr. McKenzie is a 45 year-old driver 

in Michigan. He has a history of seizures 

and has remained seizure free since 

2012. He takes anti-seizure medication 

with the dosage and frequency 

remaining the same since 2013. If 

granted the exemption, he would like to 

drive a CMV. His physician states that 

he is supportive of Mr. McKenzie 

receiving an exemption. 

Steven R. Plummer 

Mr. Plummer is a 60 year-old class A 

CDL holder in Ohio. He has a history of 

a movement disorder with symptoms of 

unsteadiness and muscle twitching. He 

has no history of seizure. He takes antiseizure medication for his movement 

disorder and his physician states his 

symptoms remain stable. If granted an 

exemption, he would like to drive a 

CMV. His physician states that he is 

supportive of Mr. Plummer receiving an 

exemption. 

Benjamin A. Reineke 

Mr. Reineke is a 44 year-old class A 

CDL holder in Ohio. He has a history of 

seizures and has remained seizure free 

since 2005. 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. Reineke receiving an exemption. 

Clinton James Howard Sheller 

Mr. Sheller is a 21 year-old class A 

CDL holder in Indiana. He has a history 

of a seizure disorder and has remained 

seizure free since 2010. He takes antiseizure medication with the dosage and 

frequency remaining the same since 

1996. If granted the exemption, he 

would like to drive a CMV. His 

physician states that he is supportive of 

Mr. Sheller 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: January 12, 2015. 

Larry W. Minor, 

Associate Administrator for Policy. 

[FR Doc. 2015–01012 Filed 1–21–15; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Pipeline and Hazardous Materials 

Safety Administration 

Actions on Special Permit Applications 

AGENCY: Office of Hazardous Materials 

Safety, Pipeline And Hazardous 

Materials Safety Administration 

(PHMSA), DOT. 

ACTION: Notice of actions on special 

permit applications. 

SUMMARY: In accordance with the 

procedures governing the application 

for, and the processing of, special 

permits from the Department of 

Transportation’s Hazardous Material 

Regulations (49 CFR part 107, subpart 

B), notice is hereby given of the actions 

on special permits applications in 

(October to October 2014). The mode of 

transportation involved are identified by 

a number in the ‘‘Nature of 

Application’’ portion of the table below 

as follows: 1-Motor vehicle, 2-Rail 

freight, 3-Cargo vessel, 4-Cargo aircraft 

only, 5-Passenger-carrying aircraft. 

Application numbers prefixed by the 

letters EE represent applications for 

Emergency Special Permits. It should be 

noted that some of the sections cited 

were those in effect at the time certain 

special permits were issued. 

Issued in Washington, DC, on January 8, 

2015. 

Donald Burger, 

Chief, Special Permits and Approvals Branch. 

S.P. No. Applicant Regulation(s) Nature of special permit thereof 

MODIFICATION SPECIAL PERMIT GRANTED 

15866–M ...... Saft America Inc., Jacksonville, FL.49 CFR 173.185 ...................................... To modify the special permit to authorize lithium metal 

batteries. 


tkelley on DSK3SPTVN1PROD with NOTICES