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Federal Register / Vol. 86, No. 19 / Monday, February 1, 2021 / Notices FR 8022. The public comment period ended on January 11, 2021, and one comments was 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 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.
III. Discussion of Comments FMCSA received one comments in this proceeding. The comment received was outside the scope of this notice.
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 MEP. 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 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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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 SDLA. A summary of each applicants seizure history was discussed in the December 11, 2020, Federal Register notice 85 FR 80222
and will not be repeated in this notice.
These three applicants have been seizure-free over a range of eight to 19
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.

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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 three exemption applications, FMCSA
exempts the following drivers from the epilepsy and seizure disorder prohibition, 391.41b8, subject to the requirements cited above:
Dylan C. Hill KS
James R. Satterlee MI
Robert G. Schauer, III IA
In accordance with 49 U.S.C.
31315b, each exemption will be valid for 2 years from the effective date unless revoked earlier by FMCSA. The exemption will be revoked if the following occurs: 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 prior to being granted;
or 3 continuation of the exemption would not be consistent with the goals and objectives of 49 U.S.C. 31136e and 31315b.
Larry W. Minor, Associate Administrator for Policy.
FR Doc. 202102018 Filed 12921; 8:45 am BILLING CODE 4910EXP

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration Docket No. FMCSA20007363; FMCSA
200212844; FMCSA200417195; FMCSA
200418885; FMCSA200419477; FMCSA
200626066; FMCSA20080106; FMCSA
20080231; FMCSA20100354; FMCSA
20110379; FMCSA20140007; FMCSA
20140010; FMCSA20140299; FMCSA
20160033; FMCSA20160209; FMCSA
20160347; FMCSA20180017; FMCSA
20180018; FMCSA20180208

Qualification of Drivers; Exemption Applications; Vision Federal Motor Carrier Safety Administration FMCSA, DOT.
ACTION: Notice of final disposition.
AGENCY:

FMCSA announces its decision to renew exemptions for 26
individuals from the vision requirement in the Federal Motor Carrier Safety Regulations FMCSRs for interstate commercial motor vehicle CMV
drivers. The exemptions enable these individuals to continue to operate CMVs in interstate commerce without meeting the vision requirement in one eye.

SUMMARY:

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