Federal Register - February 23, 2021
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Source: Federal Register
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Federal Register / Vol. 86, No. 34 / Tuesday, February 23, 2021 / Notices
recovered fully from that condition, has no existing residual complications, and is not taking anti-seizure medication.
Drivers who have a history of epilepsy/seizures, off anti-seizure medication and seizure-free for 10 years, may be qualified to operate a CMV in interstate commerce. Interstate drivers with a history of a single unprovoked seizure may be qualified to drive a CMV
in interstate commerce if seizure-free and off anti-seizure medication for a 5year period or more.
As a result of MEs misinterpreting advisory criteria as regulation, numerous drivers have been prohibited from operating a CMV in interstate commerce based on the fact that they have had one or more seizures and are taking anti-seizure medication, rather than an individual analysis of their circumstances by a qualified ME based on the physical qualification standards and medical best practices.
On January 15, 2013, FMCSA
announced in a Notice of Final Disposition titled, Qualification of Drivers; Exemption Applications;
Epilepsy and Seizure Disorders, 78 FR
3069, its decision to grant requests from 22 individuals for exemptions from the regulatory requirement that interstate 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.
Since that time, the Agency has published additional notices granting requests from individuals for exemptions from the regulatory requirement regarding epilepsy found in 391.41b8.
To be considered for an exemption from the epilepsy and seizure disorders prohibition in 391.41b8, applicants must meet the criteria in the 2007
recommendations of the Agencys Medical Expert Panel 78 FR 3069.
III. Qualifications of Applicants Sayed K. Abbed Mr. Abbed is a 40-year old class C
license holder in Illinois. He has a history of focal seizure, and has been seizure free since 2012. He takes antiseizure medication with the dosage and frequency remaining the same since 2012. His physician states that he is supportive of Mr. Abbed receiving an exemption.
Devante Carter Mr. Carter is a 23-year old class D
license holder in Illinois. He has a history of epilepsy, and has been seizure free since 2009. He has not taken antiseizure medication since 2012. His
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physician states that she is supportive of Mr. Carter receiving an exemption.
David R. Frantz Mr. Frantz is a 56-year old class CM
license holder in Pennsylvania. He has a history of epilepsy and has been seizure free since 2011. He has not taken anti-seizure medication since 2012. His physician states that he is supportive of Mr. Frantz receiving an exemption.
Brian P. Klein Mr. Klein is a 46-year old Operator License holder in Indiana. He has a history of seizures, and has been seizure free since 2008. He takes anti-seizure medication with the dosage and frequency remaining the same since 2008. His physician states that he is supportive of Mr. Klein receiving an exemption.
Thomas A. Marx Mr. Marx is a 44-year old Driver License holder in Washington. He has a history of epilepsy, and has been seizure free since 1995. He takes anti-seizure medication with the dosage and frequency remaining the same since 1995. His physician states that he is supportive of Mr. Marx receiving an exemption.
Jeffrey Smith, Jr.
Mr. Smith, Jr. is a 42-year old Driver License holder in Florida. He has a history of epilepsy, and has been seizure free since 2012. He takes anti-seizure medication with the dosage and frequency remaining the same since 2016. His physician states that he is supportive of Mr. Smith, Jr. receiving an exemption.
Eric R. Smits Mr. Smits is a 52-year old Driver License holder in Wisconsin. He has a history of seizures, and has been seizure free since September 2012. He takes anti-seizure medication with the dosage and frequency remaining the same since September 2012. His physician states that he is supportive of Mr. Smits receiving an exemption.
IV. Request for Comments In accordance with 49 U.S.C. 31136e and 31315b, FMCSA requests public comment from all interested persons on the exemption petitions described in this notice. We will consider all comments received before the close of business on the closing date indicated under the DATES section of the notice.
Larry W. Minor, Associate Administrator for Policy.
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration Docket No. FMCSA20210003
Qualification of Drivers; Exemption Applications; Vision Federal Motor Carrier Safety Administration FMCSA, Department of Transportation DOT.
ACTION: Notice of applications for exemption; request for comments.
AGENCY:
FMCSA announces receipt of applications from 11 individuals for an exemption from the vision requirement in the Federal Motor Carrier Safety Regulations FMCSRs to operate a commercial motor vehicle CMV in interstate commerce. If granted, the exemptions will enable these individuals to operate CMVs in interstate commerce without meeting the vision requirement in one eye.
DATES: Comments must be received on or before March 25, 2021.
ADDRESSES: You may submit comments identified by the Federal Docket Management System FDMS Docket No.
FMCSA20210003 using any of the following methods:
Federal eRulemaking Portal: Go to http www.regulations.gov/docket?D=
FMCSA-2021-0003. Follow the online instructions for submitting comments.
Mail: Dockets Operations; U.S.
Department of Transportation, 1200
New Jersey Avenue SE, West Building Ground Floor, Room W12140, Washington, DC 205900001.
Hand Delivery: West Building Ground Floor, Room W12140, 1200
New Jersey Avenue SE, Washington, DC, between 9 a.m. and 5 p.m., ET, Monday through Friday, except Federal Holidays.
Fax: 202 4932251.
To avoid duplication, please use only one of these four methods. See the Public Participation portion of the SUPPLEMENTARY INFORMATION section for instructions on submitting comments.
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 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:
SUMMARY:
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