Federal Register / Vol. 79, No. 207 / Monday, October 27, 2014 / Notices 64003 

Mathew A. Lind (PA) 

Frazier A. Luckerson (GA) 

Carl M. Lude (ME) 

Ross A. Miceli II (PA) 

Timothy L. Miller (IA) 

Donald L. Minney (OH) 

Philip L. Neff (PA) 

Brian S. Nelson (MN) 

Peter S. Rosenkranse III (NY) 

Antonio Sanchez (NJ) 

Lawrence P. Siegler (MN) 

Rick J. Smart (NH) 

Clifford W. Smith (OR) 

Robert L. Strange (NC) 

David L. Von Hagen (IA) 

Donald Wallace (IL) 

Loran J. Weiler (IA) 

Frederick J. Zuech (NY) 

In accordance with 49 U.S.C. 31136(e) 

and 31315, each exemption will be valid 

for 2 years unless revoked earlier by 

FMCSA. The exemption will be revoked 

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 and 31315. 

If the exemption is still effective at the 

end of the 2-year period, the person may 

apply to FMCSA for a renewal under 

procedures in effect at that time. 

Issued On: October 16, 2014. 

Larry W. Minor, 

Associate Administrator for Policy. 

[FR Doc. 2014–25449 Filed 10–24–14; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–2014–0378] 

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 6 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 November 26, 2014. 

ADDRESSES: You may submit comments 

bearing the Federal Docket Management 

System (FDMS) Docket ID FMCSA– 

2014–0378 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 January 17, 2008 

(73 FR 3316; January 17, 2008). This 

information is also available at http://

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 6 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 


tkelley on DSK3SPTVN1PROD with NOTICES
64004 Federal Register / Vol. 79, No. 207 / Monday, October 27, 2014 / Notices 

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–2014–0378’’ 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–2014–0378’’ and click 

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

Folder’’ and you will find all documents 

and comments related to the proposed 

rulemaking. 

Summary of Applications 

James Connelly 

Mr. Connelly is a 60 year-old class B 

CDL holder in New Jersey. He has a 

history of seizures and has remained 

seizure free since 2000. 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. Connelly 

receiving an exemption. 

Timothy C. Marrill 

Mr. Marrill is a 48 year-old class A 

CDL holder in Missouri. He has a 

history of epilepsy and has remained 

seizure free since 1995. He takes antiseizure medication with the dosage and 

frequency remaining the same for over 

two years. If granted an exemption, he 

would like to drive a CMV. His 

physician states he is supportive of Mr. 

Marrill receiving an exemption. 

Jason Wade McKenna Sr. 

Mr. McKenna is a 49 year-old class A 

CDL holder in New Hampshire. He has 

a history of a seizure disorder and has 

remained seizure free since 2010. 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 he is 

supportive of Mr. McKenna receiving an 

exemption. 

Mario Restrepo 

Mr. Restrepo is a 60 year-old driver in 

New York. He has a history of a seizure 

in 2004 which was likely caused by 

alcohol cessation, and has remained 

seizure free since that time. He does not 

take anti-seizure medication. If granted 

the exemption, he would like to drive a 

CMV. His physician states that he is 

supportive of Mr. Restrepo receiving an 

exemption. 

John Rinkema 

Mr. Rinkema is a 64 year-old driver in 

Illinois. He has a history of seizures and 

has remained seizure free since 1968. 

He takes anti-seizure medication with 

the dosage and frequency remaining the 

same since that time since 2004. If 

granted the exemption, he would like to 

drive a CMV. His physician states that 

he is supportive of Mr. Rinkema 

receiving an exemption. 

Bobby Shane Walker 

Mr. Walker is a 38 year-old class A 

CDL holder in North Carolina. He has a 

history of seizures and has remained 

seizure free since 1990. 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. Walker 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: October 16, 2014. 

Larry W. Minor, 

Associate Administrator for Policy. 

[FR Doc. 2014–25450 Filed 10–24–14; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–2014–0104] 

Qualification of Drivers; Application for 

Exemptions; Hearing 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), DOT. 

ACTION: Notice of applications for 

exemptions; request for comments. 

SUMMARY: FMCSA announces that 17 

individuals have applied for a medical 

exemption from the hearing requirement 

in the Federal Motor Carrier Safety 

Regulations (FMCSRs). In accordance 

with the statutory requirements 

concerning applications for exemptions, 

FMCSA requests public comments on 

these requests. The statute and 

implementing regulations concerning 

exemptions require that exemptions 

must provide an equivalent or greater 

level of safety than if they were not 

granted. If the Agency determines the 

exemptions would satisfy the statutory 

requirements and decides to grant 

theses requests after reviewing the 

public comments submitted in response 

to this notice, the exemptions would 

enable 17 individuals to operate CMVs 

in interstate commerce. 

DATES: Comments must be received on 

or before November 26, 2014. 

ADDRESSES: You may submit comments 

bearing the Federal Docket Management 

System (FDMS) Docket No. FMCSA– 


tkelley on DSK3SPTVN1PROD with NOTICES