Federal Register - February 23, 2021
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Source: Federal Register
Federal Register / Vol. 86, No. 34 / Tuesday, February 23, 2021 / Notices ophthalmologist stated, In my medical opinion, I believe Mr. White has sufficient vision to perform the driving tasks required to operate a commercial vehicle. Mr. White reported that he has driven straight trucks for 4 years, accumulating 160,000 miles, and tractor-trailer combinations for 15 years, accumulating 780,000 miles. He holds a Class A CDL from Texas. His driving record for the last three years shows no crashes and no convictions for moving violations in a CMV.
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 and material 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.
FR Doc. 202103700 Filed 22221; 8:45 am BILLING CODE 4910EXP
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration Docket No. FMCSA200625854;
FMCSA20100203; FMCSA20150323;
FMCSA20160007; FMCSA20160008;
FMCSA20180051; FMCSA20180052;
FMCSA20180056
Qualification of Drivers; Exemption Applications; Epilepsy and Seizure Disorders Federal Motor Carrier Safety Administration FMCSA, Department of Transportation DOT.
ACTION: Notice of final disposition.
AGENCY:
FMCSA announces its decision to renew exemptions for 10
individuals from the requirement in the Federal Motor Carrier Safety Regulations FMCSRs that interstate commercial motor vehicle 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. The exemptions enable these individuals who have had one or more seizures and are taking anti-seizure medication to continue to operate CMVs in interstate commerce.
DATES: Each group of renewed exemptions were applicable on the dates stated in the discussions below SUMMARY:
VerDate Sep<11>2014
18:36 Feb 22, 2021
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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:
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, FMCSA200625854, FMCSA20100203, FMCSA2015
0323, FMCSA20160007, FMCSA
20160008, FMCSA20180051, FMCSA20180052, or FMCSA2018
0056, 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.
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.
II. Background On January 6, 2021, FMCSA
published a notice announcing its decision to renew exemptions for 10
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 86 FR 701.
The public comment period ended on February 5, 2021, and no comments were received.
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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 10
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 January and are discussed below.
As of January 1, 2021, and in accordance with 49 U.S.C. 31136e and 31315b, the following eight individuals have satisfied the renewal conditions for obtaining an exemption from the epilepsy and seizure disorders prohibition in the FMCSRs for interstate CMV drivers 86 FR 701:
Scott D. Engelman PA
Scott I. Habeck SD
Todd W. Hines OH
Jordan M. Hyster OH
Everett J. Letourneau ND
Scott A. Ready, Sr. WI
Douglas J. Simms, Jr. NC
Ronald E. Wagner OH
The drivers were included in docket number FMCSA20150323, FMCSA
20160007, FMCSA20160008, FMCSA20180051, FMCSA2018
0052, and FMCSA20180056. Their exemptions were applicable as of January 1, 2021, and will expire on January 1, 2023.
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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