Federal Register - February 9, 2021
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Source: Federal Register
8830
Federal Register / Vol. 86, No. 25 / Tuesday, February 9, 2021 / Notices
Each group of renewed exemptions were applicable on the dates stated in the discussions below and will expire on the dates provided below.
FOR FURTHER INFORMATION CONTACT: Ms.
Christine A. Hydock, Chief, Medical Programs Division, 202 3664001, fmcsamedical@dot.gov, FMCSA, Department of Transportation, 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 3669826.
SUPPLEMENTARY INFORMATION:
DATES:
I. Public Participation A. Viewing Documents and Comments To view comments, as well as any documents mentioned in this notice as being available in the docket, go to http www.regulations.gov. Insert the docket number, FMCSA20130442, FMCSA20140216, FMCSA2015
0322, FMCSA20150323, FMCSA
20160007, FMCSA20160008, or FMCSA20180056, in the keyword box, and click Search. Next, click the Open Docket Folder button 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 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.
khammond on DSKJM1Z7X2PROD with NOTICES
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.dot.gov/privacy.
II. Background On November 30, 2020, FMCSA
published a notice announcing its decision to renew exemptions for 11
individuals from the epilepsy and seizure disorders prohibition in 49 CFR
391.41b8 to operate a CMV in interstate commerce and requested comments from the public 85 FR
76655. The public comment period
VerDate Sep<11>2014
17:07 Feb 08, 2021
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ended on December 30, 2020, and no comments were received.
FMCSA has evaluated the eligibility of these applicants and determined that renewing these exemptions 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 in determining whether drivers with certain medical conditions are qualified to operate a CMV in interstate commerce.
III. Discussion of Comments FMCSA received no comments in this proceeding.
IV. Conclusion Based on its evaluation of the 11
renewal exemption applications, FMCSA announces its decision to exempt the following drivers from the epilepsy and seizure disorders prohibition in 391.41b8.
In accordance with 49 U.S.C. 31136e and 31315b, the following groups of drivers received renewed exemptions in the month of December and are discussed below.
As of December 3, 2020, and in accordance with 49 U.S.C. 31136e and 31315b, the following seven individuals have satisfied the renewal conditions for obtaining an exemption from the epilepsy and seizure disorders prohibition in the FMCSRs for interstate CMV drivers 85 FR 76655:
Nicolas Donez, Jr. CO
Michael C. Grant SC
Larry G. Hediger IL
Thomas K. Mitchell MS
Isaac E. Rogers IL
Donald J. Smith NY
Joseph A. Thomas MD
The drivers were included in docket number FMCSA20130442, FMCSA
20140216, FMCSA20150322, FMCSA20160007, and FMCSA2018
0056. Their exemptions were applicable as of December 3, 2020, and will expire on December 3, 2022.
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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As of December 21, 2020, and in accordance with 49 U.S.C. 31136e and 31315b, the following four individuals have satisfied the renewal conditions for obtaining an exemption from the epilepsy and seizure disorders prohibition in the FMCSRs for interstate CMV drivers 85 FR 76655:
Douglas Cantwell TN
Kenneth B. Elder KY
Ronnie D. Moody NC
Tara VanHorne PA
The drivers were included in docket number MCSA20150323 and FMCSA20160008. Their exemptions were applicable as of December 21, 2020, and will expire on December 21, 2022.
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. 202102659 Filed 2821; 8:45 am BILLING CODE 4910EXP
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration Docket No. FMCSA20210036
Qualification of Drivers; Exemption Applications; Implantable Cardioverter Defibrillators Federal Motor Carrier Safety Administration FMCSA, Department of Transportation DOT.
ACTION: Notice of application for exemption; request for comments.
AGENCY:
FMCSA announces receipt of an application from one individual for an exemption from the prohibition in the Federal Motor Carrier Safety Regulations FMCSRs against operation of a commercial motor vehicle CMV by persons with a current clinical diagnosis of myocardial infarction, angina pectoris, coronary insufficiency, thrombosis, or any other cardiovascular disease of a variety known to be accompanied by syncope transient loss of consciousness, dyspnea shortness of breath, collapse, or congestive heart
SUMMARY:
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