Federal Register / Vol. 79, No. 237 / Wednesday, December 10, 2014 / Notices 73397 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–2014–0299] 

Qualification of Drivers; Exemption 

Applications; Vision 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), DOT. 

ACTION: Notice of applications for 

exemptions, request for comments. 

SUMMARY: FMCSA announces receipt of 

applications from 24 individuals for 

exemption from the vision requirement 

in the Federal Motor Carrier Safety 

Regulations. They are unable to meet 

the vision requirement in one eye for 

various reasons. If granted the 

exemptions would enable these 

individuals to operate commercial 

motor vehicles (CMVs) in interstate 

commerce without meeting the 

prescribed vision requirement in one 

eye. 

DATES: Comments must be received on 

or before January 9, 2015. All comments 

will be investigated by FMCSA. The 

exemptions will be issued the day after 

the comment period closes. 

ADDRESSES: You may submit comments 

bearing the Federal Docket Management 

System (FDMS) Docket No. FMCSA– 

2014–0299 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. 

Instructions: Each submission must 

include the Agency name and the 

docket numbers for this notice. Note 

that all comments received will be 

posted without change to http://

www.regulations.gov, including any 

personal information provided. Please 

see the Privacy Act heading below for 

further information. 

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: In accordance with 5 

U.S.C. 553(c), DOT solicits comments 

from the public to better inform its 

rulemaking process. DOT posts these 

comments, without edit, including any 

personal information the commenter 

provides, to www.regulations.gov, as 

described in the system of records 

notice (DOT/ALL–14 FDMS), which can 

be reviewed at www.dot.gov/privacy. 

FOR FURTHER INFORMATION CONTACT: 

Elaine M. Papp, R.N., Chief, Medical 

Programs Division, (202) 366–4001, 

fmcsamedical@dot.gov, FMCSA, 

Department of Transportation, 1200 

New Jersey Avenue SE., Room W64– 

224, Washington, DC 20590–0001. 

Office hours are from 8:30 a.m. to 5 

p.m., Monday through Friday, except 

Federal holidays. If you have questions 

regarding viewing or submitting 

material to the docket, contact Docket 

Services, telephone (202) 366–9826. 

SUPPLEMENTARY INFORMATION: 

I. Background 

Under 49 U.S.C. 31136(e) and 31315, 

FMCSA may grant an exemption from 

the Federal Motor Carrier Safety 

Regulations 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.’’ 

FMCSA can renew exemptions at the 

end of each 2-year period. The 24 

individuals listed in this notice have 

each requested such an exemption from 

the vision requirement in 49 CFR 

391.41(b)(10), which applies to drivers 

of CMVs in interstate commerce. 

Accordingly, the Agency will evaluate 

the qualifications of each applicant to 

determine whether granting an 

exemption will achieve the required 

level of safety mandated by statute. 

II. Qualifications of Applicants 

Michael L. Boersma 

Mr. Boersma, 65, has had amblyopia 

in his left eye since birth. The visual 

acuity in his right eye is 20/20, and in 

his left eye, 20/400. Following an 

examination in 2014, his optometrist 

stated, ‘‘I feel Michael has sufficient 

vision to perform the driving tasks 

required to operate a commercial 

vehicle.’’ Mr. Boersma reported that he 

has driven straight trucks for 14 years, 

accumulating 560,000 miles. He holds 

an operator’s license from North Dakota. 

His driving record for the last 3 years 

shows no crashes and no convictions for 

moving violations in a CMV. 

Marc D. Butler 

Mr. Butler, 62, has had amblyopia in 

his right eye since childhood. The 

visual acuity in his right eye is 20/150, 

and in his left eye, 20/25. Following an 

examination in 2014, his 

ophthalmologist stated, ‘‘It is my 

opinion that Mr. Butler has sufficient 

visual acuity, color vision and visual 

field to safely operate a commercial 

vehicle.’’ Mr. Butler reported that he has 

driven straight trucks for 24 years, 

accumulating 324,000 miles. He holds a 

Class A CDL from Illinois. His driving 

record for the last 3 years shows no 

crashes and no convictions for moving 

violations in a CMV. 

Roger P. Dittrich 

Mr. Dittrich, 64, has had loss of vision 

secondary to retinal detachment and 

corneal scarring in his right eye since 

1971. The visual acuity in his right eye 

is light perception, and in his left eye, 

20/20. Following an examination in 

2014, his ophthalmologist stated, 

‘‘Corneal scar OD. Pt does pass 

requirements for VA for CDL.’’ Mr. 

Dittrich reported that he has driven 

straight trucks for 44 years, 

accumulating 880,000 miles, and 

tractor-trailer combinations for 30 years, 

accumulating 600,000 miles. He holds a 

Class AM CDL from Illinois. His driving 

record for the last 3 years shows no 

crashes and no convictions for moving 

violations in a CMV. 

Ralph V. Graven 

Mr. Graven, 61, has had a retinal 

detachment in his left eye since 2000. 

The visual acuity in his right eye is 20/ 

20, and in his left eye, no light 

perception. Following an examination 

in 2014, his ophthalmologist stated, ‘‘I 

opine that he has sufficient vision to 

perform the driving tasks required to 

operate a commercial vehicle.’’ Mr. 

Graven reported that he has driven 

straight trucks for 43 years, 

accumulating 322,500 miles, and 

tractor-trailer combinations for 43 years, 

accumulating 322,500 miles. He holds a 

Class A CDL from Oregon. His driving 

record for the last 3 years shows no 

crashes and no convictions for moving 

violations in a CMV. 

Dennis R. Grear 

Mr. Grear, 69, has had amblyopia in 

his left eye since childhood. The visual 

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73398 Federal Register / Vol. 79, No. 237 / Wednesday, December 10, 2014 / Notices 

acuity in his right eye is 20/20, and in 

his left eye, 20/400. Following an 

examination in 2014, his optometrist 

stated, ‘‘Mr. Grear has been operating a 

commercial vehicle for many years with 

his current visual deficiencies and in 

my opinion he should be able to safely 

continue to drive a commercial 

vehicle.’’ Mr. Grear reported that he has 

driven straight trucks for 5 years, 

accumulating 175,000 miles, and 

tractor-trailer combinations for 42 years, 

accumulating 2.1 million miles. He 

holds a Class A CDL from South Dakota. 

His driving record for the last 3 years 

shows no crashes and no convictions for 

moving violations in a CMV. 

Michael D. Halferty 

Mr. Halferty, 44, has a retinal 

detachment in his right eye due to a 

traumatic incident during childhood. 

The visual acuity in his right eye is 

hand motion, and in his left eye, 20/20. 

Following an examination in 2014, his 

optometrist stated, ‘‘It is my opinion 

that Mr. Halferty has previously 

performed and has the visual 

capabilities to continue to perform the 

driving tasks required to operate a 

commercial vehicle.’’ Mr. Halferty 

reported that he has driven straight 

trucks for 5 years, accumulating 150,000 

miles, and tractor-trailer combinations 

for 24 years, accumulating three million 

miles. He holds a Class A CDL from 

Iowa. His driving record for the last 3 

years shows no crashes and no 

convictions for moving violations in a 

CMV. 

Eric C. Hammer 

Mr. Hammer, 42, has had amblyopia 

with refractive error in his left eye since 

birth. The visual acuity in his right eye 

is 20/20, and in his left eye, 20/400. 

Following an examination in 2014, his 

optometrist stated, ‘‘In my professional 

opinion, Eric Hammer has sufficient 

vision to perform the driving tasks 

required to operate a commercial 

vehicle.’’ Mr. Hammer reported that he 

has driven straight trucks for 13 years, 

accumulating 390,000 miles, and 

tractor-trailer combinations for 13 years, 

accumulating 390,000 miles. He holds a 

Class A CDL from Missouri. His driving 

record for the last 3 years shows no 

crashes and no convictions for moving 

violations in a CMV. 

Thomas F. Hannon 

Mr. Hannon, 52, has had a retinal scar 

in his right eye due to a traumatic 

incident in childhood. The visual acuity 

in his right eye is 20/100, and in his left 

eye, 20/20. Following an examination in 

2014, his ophthalmologist stated, ‘‘His 

peripheral vision is completely normal 

in both eyes and I do not see any reason 

why he could not perform the duties of 

a commercial driver, especially visual 

field-wise since his visual fields are 

normal except for a central scotoma in 

the right eye, which is easily 

compensated for in his left eye.’’ Mr. 

Hannon reported that he has driven 

straight trucks for 1.5 years, 

accumulating 37,500 miles. He holds an 

operator’s license from Rhode Island. 

His driving record for the last 3 years 

shows no crashes and no convictions for 

moving violations in a CMV. 

Robert K. Ipock 

Mr. Ipock, 55, has had enucleation 

due to a tumor in his left eye since 

childhood. The visual acuity in his right 

eye is 20/15, and in his left eye, no light 

perception. Following an examination 

in 2014, his optometrist stated, ‘‘It is in 

my opinion that Robert K. Ipock has 

sufficient vision to safely perform the 

driving tasks required to operate a 

commercial vehicle.’’ Mr. Ipock 

reported that he has driven straight 

trucks for 25 years, accumulating 

262,500 miles. He holds an operator’s 

license from North Carolina. His driving 

record for the last 3 years shows no 

crashes and no convictions for moving 

violations in a CMV. 

Kennard D. Julien 

Mr. Julien, 45, has had amblyopia and 

a cataract in his left eye since 

childhood. The visual acuity in his right 

eye is 20/15, and in his left eye, 20/200. 

Following an examination in 2014, his 

ophthalmologist stated, ‘‘Dr [sic] Steiner 

certifies that is [sic] his opinion, 

Kennard has sufficient vision to perform 

the driving tasks required to operate a 

commercial vehicle.’’ Mr. Julien 

reported that he has driven straight 

trucks for 10 years, accumulating 

240,000 miles, and tractor-trailer 

combinations for 8 years, accumulating 

192,000 miles. He holds a Class A CDL 

from Washington. His driving record for 

the last 3 years shows no crashes and 

one conviction for a moving violation in 

a CMV; he failed to obey a road sign or 

traffic signal. 

Peter M. Kirby 

Mr. Kirby, 58, has had phthisical 

secondary to retinal detachment in his 

left eye since 2010. The visual acuity in 

his right eye is 20/20, and in his left eye, 

no light perception. Following an 

examination in 2014, his optometrist 

stated, ‘‘In my medical opinion, I feel 

Mr. Kirby does have sufficient vision to 

perform the driving tasks required to 

operate a commercial vehicle.’’ Mr. 

Kirby reported that he has driven 

straight trucks for 35 years, 

accumulating 3.57 million miles, and 

tractor-trailer combinations for 35 years, 

accumulating 1.86 million miles. He 

holds a Class A CDL from New Jersey. 

His driving record for the last 3 years 

shows no crashes and no convictions for 

moving violations in a CMV. 

William D. Koiner 

Mr. Koiner, 31, has had amblyopia in 

his left eye since childhood. The visual 

acuity in his right eye is 20/20, and in 

his left eye, 20/100. Following an 

examination in 2014, his optometrist 

stated, ‘‘The above individual has 

sufficient vision to operate a 

commercial vehicle.’’ Mr. Koiner 

reported that he has driven straight 

trucks for one year, accumulating 10,000 

miles, and tractor-trailer combinations 

for 6.5 years, accumulating 650,000 

miles. He holds a Class A CDL from 

Texas. His driving record for the last 3 

years shows no crashes and no 

convictions for moving violations in a 

CMV. 

Jesse L. Lichtenberger 

Mr. Lichtenberger, 32, has had 

refractive amblyopia in his left eye since 

childhood. The visual acuity in his right 

eye is 20/20, and in his left eye, 20/400. 

Following an examination in 2014, his 

ophthalmologist stated, ‘‘It is of my 

opinion that Jesse certainly has 

sufficient vision to perform the driving 

tasks required to operate a commercial 

vehicle.’’ Mr. Lichtenberger reported 

that he has driven straight trucks for 14 

years, accumulating 504,000 miles, and 

tractor-trailer combinations for 10 years, 

accumulating 360,000 miles. He holds a 

Class A CDL from Pennsylvania. His 

driving record for the last 3 years shows 

no crashes and no convictions for 

moving violations in a CMV. 

David J. Nocton 

Mr. Nocton, 70, has had amblyopia in 

his left eye since childhood. The visual 

acuity in his right eye is 20/20, and in 

his left eye, 20/100. Following an 

examination in 2014, his 

ophthalmologist stated, ‘‘I certainly 

believe that his vision is sufficient to 

perform the driving tasks required to 

operate a commercial vehicle.’’ Mr. 

Nocton reported that he has driven 

buses for 14 years, accumulating 

385,000 miles. He holds a Class B CDL 

from Minnesota. His driving record for 

the last 3 years shows no crashes and no 

convictions for moving violations in a 

CMV. 

Darren W. Pruett 

Mr. Pruett, 48, has had open globe 

trauma in his left eye due to a traumatic 

incident in 2009. The visual acuity in 

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Federal Register / Vol. 79, No. 237 / Wednesday, December 10, 2014 / Notices 73399 

his right eye is 20/20, and in his left eye, 

no light perception. Following an 

examination in 2014, his optometrist 

stated, ‘‘In my opinion is [sic] having 

had this defect for 5 years and 

maintaining a safe driving record he 

would have sufficiently learned how to 

adapt to his visual deficit by now and 

would be qualified to continue driving 

commercially.’’ Mr. Pruett reported that 

he has driven straight trucks for 5 years, 

accumulating 175,000 miles, and 

tractor-trailer combinations for 13 years, 

accumulating 1.89 million miles. He 

holds a Class A CDL from Texas. His 

driving record for the last 3 years shows 

one crash, for which he was not cited 

and to which he did not contribute, and 

no convictions for moving violations in 

a CMV. 

Frederick E. Schaub 

Mr. Schaub, 57, has had optic atrophy 

in his left eye since birth. The visual 

acuity in his right eye is 20/20, and in 

his left eye, no light perception. 

Following an examination in 2014, his 

ophthalmologist stated, ‘‘Based on his 

examination, and with the use of left 

sided mirrors, I do not see any 

contraindication to renewing his CDL.’’ 

Mr. Schaub reported that he has driven 

straight trucks for 39 years, 

accumulating 1.46 million miles, and 

tractor-trailer combinations for 20 years, 

accumulating 250 miles. He holds a 

Class A CDL from Iowa. His driving 

record for the last 3 years shows no 

crashes and no convictions for moving 

violations in a CMV. 

Michael R. Seldomridge 

Mr. Seldomridge, 41, has had 

amblyopia in his left eye since 

childhood. The visual acuity in his right 

eye is 20/25, and in his left eye, 20/50. 

Following an examination in 2014, his 

optometrist stated, ‘‘It is my opinion 

that Mr. Seldomridge has sufficient 

vision to perform that driving tasks 

required to operate a commercial 

vehicle.’’ Mr. Seldomridge reported that 

he has driven straight trucks for 26 

years, accumulating 390,000 miles, and 

tractor-trailer combinations for 20 years, 

accumulating 20,000 miles. He holds a 

Class A CDL from Florida. His driving 

record for the last 3 years shows no 

crashes and no convictions for moving 

violations in a CMV. 

Michael G. Somma 

Mr. Somma, 32, has had amblyopic 

vision loss and aphakia in his left eye 

due to a traumatic incident during 

childhood. The visual acuity in his right 

eye is 20/15, and in his left eye, 20/100. 

Following an examination in 2014, his 

ophthalmologist stated, ‘‘His visual 

acuity in his left eye is stable with no 

evidence of progressive change. . .I see 

no contraindication to his use of 

operating and driving commercial 

vehicle [sic].’’ Mr. Somma reported that 

he has driven straight trucks for 15 

years, accumulating 300,000 miles. He 

holds an operator’s license from New 

York. His driving record for the last 3 

years shows no crashes and no 

convictions for moving violations in a 

CMV. 

Mark J. Stanley 

Mr. Stanley, 54, has a partial retinal 

detachment in his right eye due to a 

traumatic incident in 1979. The visual 

acuity in his right eye is 20/300, and in 

his left eye, 20/20. Following an 

examination in 2014, his optometrist 

stated, ‘‘Mark has been driving for 35 

years and has adapted well to his visual 

condition. I certify that Mark Stanley is 

well qualified to continue commercial 

driving as he has for the past many 

years.’’ Mr. Stanley reported that he has 

driven tractor-trailer combinations for 

14 years, accumulating 840,000 miles. 

He holds a Class AM1 CDL from 

California. His driving record for the last 

3 years shows no crashes and no 

convictions for moving violations in a 

CMV. 

Jason E. Thomas 

Mr. Thomas, 28, has enucleation in 

his left eye due to a traumatic incident 

in 2007. The visual acuity in his right 

eye is 20/15, and in his left eye, no light 

perception. Following an examination 

in 2014, his ophthalmologist stated, ‘‘In 

my medical opinion Jason has sufficient 

vision to drive a commercial vehicle.’’ 

Mr. Thomas reported that he has driven 

straight trucks for 10 years, 

accumulating 50,000 miles, and tractortrailer combinations for 10 years, 

accumulating 50,000 miles. He holds an 

operator’s license from North Dakota. 

His driving record for the last 3 years 

shows no crashes and no convictions for 

moving violations in a CMV. 

Michael K. Toodle 

Mr. Toodle, 60, has had optic atrophy 

in his left eye since 2009. The visual 

acuity in his right eye is 20/20, and in 

his left eye, counting fingers. Following 

an examination in 2014, his optometrist 

stated, ‘‘I Dr. Hamm certifies [sic] that in 

my medical opinion, Michael K. Toodle 

have [sic] sufficient vision to perform 

the driving tasks required to operate a 

commercial vehicle.’’ Mr. Toodle 

reported that he has driven tractortrailer combinations for 42 years, 

accumulating 4.2 million miles. He 

holds an operator’s license from North 

Carolina. His driving record for the last 

3 years shows no crashes and three 

convictions for moving violations in a 

CMV; in one instance he exceeded the 

speed limit by nine mph; in two others 

he failed to obey traffic signs. 

Troy W. Weaver 

Mr. Weaver, 41, has had a Lasik 

vision complication in his left eye since 

2008. The visual acuity in his right eye 

is 20/20, and in his left eye, 20/400. 

Following an examination in 2014, his 

optometrist stated, ‘‘I certify that Mr. 

Weaver has sufficient vision to perform 

the driving tasks required to operate a 

commercial vehicle.’’ Mr. Weaver 

reported that he has driven straight 

trucks for 15 years, accumulating 7,500 

miles. He holds an operator’s license 

from Pennsylvania. His driving record 

for the last 3 years shows no crashes and 

no convictions for moving violations in 

a CMV. 

Diane L. Wedebrand 

Ms. Wedebrand, 53, has had 

amblyopia in her right eye since birth. 

The visual acuity in her right eye is 20/ 

150, and in her left eye, 20/20. 

Following an examination in 2014, her 

optometrist stated, ‘‘I, Dr. Craig Baker, 

in my medical opinion that Diane L. 

Wedebrand has sufficient vision to 

perform the driving tasks required to 

operate a commercial vehicle.’’ Ms. 

Wedebrand reported that she has driven 

straight trucks for 8 years, accumulating 

9,600 miles. She holds an operator’s 

license from Iowa. Her driving record 

for the last 3 years shows no crashes and 

no convictions for moving violations in 

a CMV. 

Eddie L. Wilkins 

Mr. Wilkins, 65, has cyclodialysis and 

retinal scarring in his right eye due to 

a traumatic incident during childhood. 

The visual acuity in his right eye is no 

light perception, and in his left eye, 20/ 

20. Following an examination in 2014, 

his optometrist stated, ‘‘In my medical 

opinion Mr. Wilkins has sufficient 

vision to operate a commercial vehicle.’’ 

Mr. Wilkins reported that he has driven 

straight trucks for 20 years, 

accumulating 400,000 miles, tractortrailer combinations for 3 years, 

accumulating 12,000 miles, and buses 

for 3 years, accumulating 24,030 miles. 

He holds a Class B CDL from Virginia. 

His driving record for the last 3 years 

shows no crashes and no convictions for 

moving violations in a CMV. 

III. Public Participation and Request for 

Comments 

FMCSA encourages you to participate 

by submitting comments and related 

materials. 

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73400 Federal Register / Vol. 79, No. 237 / Wednesday, December 10, 2014 / Notices 

1Commercial Driver License Information System 

(CDLIS) is an information system that allows the 

exchange of commercial driver licensing 

information among all the States. CDLIS includes 

the databases of fifty-one licensing jurisdictions and 

the CDLIS Central Site, all connected by a 

telecommunications network. 

2 Motor Carrier Management Information System 

(MCMIS) is an information system that captures 

data from field offices through SAFETYNET, 

CAPRI, and other sources. It is a source for FMCSA 

inspection, crash, compliance review, safety audit, 

and registration data. 

Submitting Comments 

If you submit a comment, please 

include the docket number for this 

notice, 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–2014–0299 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, selfaddressed 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 

documents mentioned in this preamble 

as being available in the docket, go to 

http://www.regulations.gov and insert 

the docket number FMCSA–2014–0299 

in the ‘‘Keyword’’ box and click 

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

Folder’’ button and 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: December 1, 2014. 

Larry W. Minor, 

Associate Administrator for Policy. 

[FR Doc. 2014–28959 Filed 12–9–14; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–2013–0444] 

Qualification of Drivers; Exemption 

Applications; Epilepsy and Seizure 

Disorders 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), DOT. 

ACTION: Notice of final disposition. 

SUMMARY: FMCSA announces its 

decision to grant requests from 10 

individuals for exemptions from the 

regulatory requirement that interstate 

commercial motor vehicle (CMV) 

drivers have ‘‘no established medical 

history or clinical diagnosis of epilepsy 

or any other condition which is likely 

to cause loss of consciousness or any 

loss of ability to control a CMV.’’ 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 antiseizure medication, rather than an 

individual analysis of their 

circumstances by a qualified medical 

examiner. The Agency concluded that 

granting exemptions for these CMV 

drivers will provide a level of safety that 

is equivalent to or greater than the level 

of safety maintained without the 

exemptions. FMCSA grants exemptions 

that will allow these 10 individuals to 

operate CMVs in interstate commerce 

for a 2-year period. The exemptions 

preempt State laws and regulations and 

may be renewed. 

DATES: The exemptions are effective 

December 10, 2014. The exemptions 

expire on December 12, 2016. 

FOR FURTHER INFORMATION CONTACT: 

Elaine M. Papp, Division Chief, Physical 

Qualifications, Office of Medical 

Programs, (202) 366–4001, 

fmcsamedical@dot.gov, FMCSA, 

Department of Transportation, 1200 

New Jersey Avenue SE., Room W64– 

224, Washington, DC 20590–0001. 

Office hours are 8:30 a.m. to 5 p.m., e.t., 

Monday through Friday, except Federal 

holidays. 

SUPPLEMENTARY INFORMATION: 

A. Electronic Access 

You may see all the comments online 

through the Federal Document 

Management System (FDMS) at: http:// 

www.regulations.gov. 

Docket: For access to the docket to 

read background documents or 

comments, go to http://

www.regulations.gov and/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., e.t., Monday through Friday, 

except Federal holidays. 

Privacy Act: In accordance with 5 

U.S.C. 553(c), DOT solicits comments 

from the public to better inform its 

rulemaking process. DOT posts these 

comments, without edit, including any 

personal information the commenter 

provides, to www.regulations.gov, as 

described in the system of records 

notice (DOT/ALL–14 FDMS), which can 

be reviewed at www.dot.gov/privacy. 

B. Background 

Under 49 U.S.C. 31136(e) and 

31315(b), FMCSA may grant an 

exemption from the safety regulations 

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 statute 

also allows the Agency to renew 

exemptions at the end of the 2-year 

period. 

FMCSA grants 10 individuals an 

exemption from the regulatory 

requirement in § 391.41(b)(8), to allow 

these individuals who take anti-seizure 

medication to operate CMVs in 

interstate commerce for a 2-year period. 

The Agency’s decision on these 

exemption applications is based on an 

individualized assessment of each 

applicant’s medical information, 

including the root cause of the 

respective seizure(s), the length of time 

elapsed since the individual’s last 

seizure, and each individual’s treatment 

regimen. In addition, the Agency 

reviewed each applicant’s driving 

record found in the Commercial Driver’s 

License Information System (CDLIS) 1

for commercial driver’s license (CDL) 

holders, and interstate and intrastate 

inspections recorded in Motor Carrier 

Management Information System 

(MCMIS).2 For non-CDL holders, the 

Agency reviewed the driving records 

from the State licensing agency. The 

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