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Federal Register / Vol. 86, No. 239 / Thursday, December 16, 2021 / Notices
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.
C. Privacy Act In accordance with 5 U.S.C. 553c, DOT solicits comments from the public to better inform its regulatory 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 Under 49 U.S.C. 31136e and 31315, FMCSA may grant an exemption from the FMCSRs for 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 five-year period. FMCSA grants exemptions from the FMCSRs for a 2year period to align with the maximum duration of a drivers medical certification.
The individual listed in this notice has requested an exemption from 49
CFR 391.41b8. Accordingly, the Agency will evaluate the qualifications of the applicant to determine whether granting the exemption will achieve the required level of safety mandated by statute.
The physical qualification standard for drivers found in 391.41b8 states that a person is physically qualified to drive a CMV if that person has 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 commercial motor vehicle.
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. 49 CFR part 391, APPENDIX A TO PART 391MEDICAL
ADVISORY CRITERIA, section H.
Epilepsy: 391.41b8, paragraphs 3, 4, and 5.

The advisory criteria states that if an individual has had a sudden episode of a non-epileptic seizure or loss of consciousness of unknown cause that did not require anti-seizure medication, the decision whether that persons 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 ME in consultation with the treating physician.
The advisory criteria also state that a variety of functional disorders can cause drowsiness, dizziness, confusion, weakness, or paralysis that may lead to incoordination, inattention, loss of functional control, and susceptibility to accidents while driving.
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.

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Federal Motor Carrier Safety Administration Docket No. FMCSA20200130

Registration and Financial Security Requirements for Brokers of Property and Freight Forwarders; Small Business in Transportation Coalition SBTC Exemption Application Federal Motor Carrier Safety Administration FMCSA, DOT.
ACTION: Notice of final disposition;
denial of application for exemption.
AGENCY:

Ms. Bennett is a CMV driver in Tennessee. Ms. Bennett self-reports that she was diagnosed with narcolepsy in early 2005, and started a treatment plan immediately. A letter dated October 12, 2021, from Ms. Bennetts sleep medicine provider reports that she is under care for treatment of narcolepsy with stimulants, and that she reports her daytime sleepiness is well-controlled on current medication.

FMCSA denies an application from the Small Business in Transportation Coalition SBTC seeking reconsideration of the Agencys March 31, 2015 denial of the Association of Independent Property Brokers and Agents AIPBA application for an exemption from the $75,000 bond requirement for all property brokers and freight forwarders. FMCSA treats the SBTC request as a new exemption application. After reviewing SBTCs application and the public comments, the Agency has concluded that the exemption request should be denied because it does not meet the statutory factors for an exemption.
DATES: FMCSA denies this application for exemption effective December 16, 2021.
FOR FURTHER INFORMATION CONTACT: Mr.
Larry W. Minor, Associate Administrator for Policy, FMCSA;
Telephone: 202 3664012; Email:
MCPSD@dot.gov. If you have questions on viewing or submitting material to the docket, contact Dockets Operations, telephone 202 3669826.
SUPPLEMENTARY INFORMATION:

IV. Request for Comments
I. Public Participation
In accordance with 49 U.S.C. 31136e and 31315, FMCSA requests public comment from all interested persons on the exemption petition described in this notice. We will consider all comments received before the close of business on the closing date indicated in the DATES
section of the notice.

Viewing Comments and Documents To view comments, go to www.regulations.gov, insert the docket number FMCSA20200130 in the keyword box, and click Search. Next, sort the results by Posted NewerOlder, choose the first notice listed, click Browse Comments.
To view documents mentioned in this notice as being available in the docket, go to www.regulations.gov, insert the docket number FMCSA20200130 in the keyword box, click Search, and choose the document to review.
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

III. Qualifications of Applicant Sheila Bennett
Larry W. Minor, Associate Administrator for Policy.
FR Doc. 202127222 Filed 121521; 8:45 am BILLING CODE 4910EXP

1 See https www.ecfr.gov/cgi-bin/text-idx?SID=
e47b48a9ea42dd67d999246e23d97970&mc=
true&node=pt49.5.391&rgn=div5ap49.5.391_171.a and https www.gpo.gov/fdsys/pkg/CFR-2015title49-vol5/pdf/CFR-2015-title49-vol5-part391appA.pdf.

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