Federal Register - August 3, 2021
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Source: Federal Register
Federal Register / Vol. 86, No. 146 / Tuesday, August 3, 2021 / Notices Jeffrey Douglass ME
Phillip Halfman WI
Christopher Nonnenkamp MO
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. 202116527 Filed 8221; 8:45 am BILLING CODE 4910EXP
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration Docket No. FMCSA20080355; FMCSA
20100203; FMCSA20150115; FMCSA
20150323; FMCSA20160313; FMCSA
20160315; FMCSA20180056; FMCSA
20180057; FMCSA20190027; FMCSA
20190029
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 11
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 and will expire on the dates provided below.
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SUMMARY:
Ms.
Christine A. Hydock, Chief, Medical Programs Division, 202 3664001, fmcsamedical@dot.gov, FMCSA, DOT,
FOR FURTHER INFORMATION CONTACT:
VerDate Sep<11>2014
17:21 Aug 02, 2021
Jkt 253001
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, 202 366
9826.
SUPPLEMENTARY INFORMATION:
I. Public Participation A. Viewing Comments To view comments go to www.regulations.gov. Insert the docket number, FMCSA20080355, FMCSA
20100203, FMCSA20150115, FMCSA20150323, FMCSA2016
0313, FMCSA20160315, FMCSA
20180056, FMCSA20180057, FMCSA20190027, or FMCSA2019
0029 in the keyword box and click Search. Next, sort the results by Posted Newer-Older, choose the first notice listed, and click Browse Comments. 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 202 366
9317 or 202 3669826 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 June 9, 2021, 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 86 FR 30675. The public comment period ended on July 9, 2021, 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.
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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 preceding.
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 June and are discussed below. As of June 10, 2021, and in accordance with 49 U.S.C. 31136e and 31315b, the following 10 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 30675:
John D. Archer MO
Brian Brown PA
Richard Conway Jr. MO
Daniel Gast KS
Stephen Harmon WV
Denton Hineline WA
Steve Hunsaker ID
Bryan R. Jones PA
Jason Lewis CA
Elvin Paul Morgan CA
The drivers were included in docket number FMCSA20080355, FMCSA
20100203, FMCSA20150115, FMCSA20150323, FMCSA2016
0313, FMCSA20160315, FMCSA
20180056, FMCSA20180057, or FMCSA20190027. Their exemptions were applicable as of June 10, 2021 and will expire on June 10, 2023.
As of June 18, 2021, and in accordance with 49 U.S.C. 31136e and 31315b, Alan Finlayson AL has satisfied the renewal conditions for obtaining an exemption from the 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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