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Federal Register / Vol. 86, No. 146 / Tuesday, August 3, 2021 / Notices
Programs Division, 202 3664001, fmcsamedical@dot.gov, FMCSA, DOT, 1200 New Jersey Avenue SE, Room W64224, Washington, DC 205900001.
Office hours are from 8:30 a.m. to 5
p.m., ET, Monday through Friday, except Federal holidays. If you have questions regarding viewing or submitting material to the docket, contact Dockets Operations, 202 366
9826.
SUPPLEMENTARY INFORMATION:

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.
In addition to the regulations, FMCSA
has published advisory criteria 1 to assist medical examiners MEs in determining whether drivers with certain medical conditions are qualified to operate a CMV in interstate commerce.

I. Public Participation
III. Discussion of Comments FMCSA received no comments in this proceeding.

A. Viewing Comments To view comments go to www.regulations.gov. Insert the docket number, FMCSA20210025, in the keyword box, and click Search. Next, sort the results by Posted NewerOlder, choose the first notice listed, and click Browse Comments. If you do not have access to the internet, you may view the docket online by visiting Dockets Operations in Room W12140
on the ground floor of the DOT West Building, 1200 New Jersey Avenue SE, Washington, DC 205900001, between 9
a.m. and 5 p.m., ET, Monday through Friday, except Federal holidays. To be sure someone is there to help you, please call 202 3669317 or 202 366
9826 before visiting Dockets Operations.
B. Privacy Act In accordance with 5 U.S.C. 553c, 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.transportation.gov/privacy.

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II. Background On June 24, 2021, FMCSA published a notice announcing receipt of applications from four individuals requesting an exemption from the epilepsy and seizure disorders prohibition in 49 CFR 391.41b8 and requested comments from the public 86
FR 33470. The public comment period ended on July 26, 2021, and no comments were received.
FMCSA has evaluated the eligibility of these applicants and determined that granting exemptions to these individuals would achieve a level of safety equivalent to, or greater than, the level that would be achieved by complying with 391.41b8.
The physical qualification standard for drivers regarding epilepsy found in 391.41b8 states that a person is physically qualified to drive a CMV if
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IV. Basis for Exemption Determination Under 49 U.S.C. 31136e and 31315b, FMCSA may grant an exemption from the FMCSRs for no longer than a 5-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 5-year period. FMCSA grants medical exemptions from the FMCSRs for a 2year period to align with the maximum duration of a drivers medical certification.
The Agencys decision regarding these exemption applications is based on the 2007 recommendations of the Agencys Medical Expert Panel. The Agency conducted an individualized assessment of each applicants medical information, including the root cause of the respective seizures and medical information about the applicants seizure history, the length of time that has elapsed since the individuals last seizure, the stability of each individuals treatment regimen and the duration of time on or off of anti-seizure medication. In addition, the Agency reviewed the treating clinicians medical opinion related to the ability of the driver to safely operate a CMV with a history of seizure and each applicants driving record found in the Commercial Drivers License Information System for commercial drivers license CDL
holders, and interstate and intrastate inspections recorded in the Motor Carrier Management Information System. For non-CDL holders, the Agency reviewed the driving records from the State Drivers Licensing Agency. A summary of each applicants seizure history was discussed in the 1 These criteria may be found in APPENDIX A TO
PART 391MEDICAL ADVISORY CRITERIA, section H. Epilepsy: 391.41b8, paragraphs 3, 4, and 5, which is available on the internet at https
www.gpo.gov/fdsys/pkg/CFR-2015-title49-vol5/pdf/
CFR-2015-title49-vol5-part391-appA.pdf.

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June 24, 2021, Federal Register notice 86 FR 33470 and will not be repeated in this notice.
These four applicants have been seizure-free over a range of 15 years while taking anti-seizure medication and maintained a stable medication treatment regimen for the last 2 years. In each case, the applicants treating physician verified his or her seizure history and supports the ability to drive commercially.
The Agency acknowledges the potential consequences of a driver experiencing a seizure while operating a CMV. However, the Agency believes the drivers granted this exemption have demonstrated that they are unlikely to have a seizure and their medical condition does not pose a risk to public safety.
Consequently, FMCSA finds that in each case exempting these applicants from the epilepsy and seizure disorder prohibition in 391.41b8 is likely to achieve a level of safety equal to that existing without the exemption.
V. Conditions and Requirements The terms and conditions of the exemption are provided to the applicants in the exemption document and includes the following: 1 Each driver must remain seizure-free and maintain a stable treatment during the 2-year exemption period; 2 each driver must submit annual reports from their treating physicians attesting to the stability of treatment and that the driver has remained seizure-free; 3 each driver must undergo an annual medical examination by a certified ME, as defined by 390.5; and 4 each driver must provide a copy of the annual medical certification to the employer for retention in the drivers qualification file, or keep a copy of his/her drivers qualification file if he/she is selfemployed. The driver must also have a copy of the exemption when driving, for presentation to a duly authorized Federal, State, or local enforcement official.
VI. Preemption During the period the exemption is in effect, no State shall enforce any law or regulation that conflicts with this exemption with respect to a person operating under the exemption.
VII. Conclusion Based upon its evaluation of the four exemption applications, FMCSA
exempts the following drivers from the epilepsy and seizure disorder prohibition, 391.41b8, subject to the requirements cited above:
Charles Anthony ND

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