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Federal Register / Vol. 86, No. 155 / Monday, August 16, 2021 / Notices
please call 202 3669317 or 202 366
9826 before visiting Dockets Operations.
C. Privacy Act In accordance with 5 U.S.C. 553c, DOT solicits comments from the public to better inform its regulatory 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.

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II. Background 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 physical qualification standard for drivers regarding epilepsy found in 49 CFR 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.
The two individuals listed in this notice have requested renewal of their exemptions from the epilepsy and seizure disorders prohibition in 391.41b8, in accordance with FMCSA procedures. Accordingly, FMCSA has evaluated these applications for renewal on their merits and decided to extend each exemption for a renewable 2-year period.
III. Request for Comments Interested parties or organizations possessing information that would otherwise show that any, or all, of these 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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drivers are not currently achieving the statutory level of safety should immediately notify FMCSA. The Agency will evaluate any adverse evidence submitted and, if safety is being compromised or if continuation of the exemption would not be consistent with the goals and objectives of 49
U.S.C. 31136e and 31315b, FMCSA
will take immediate steps to revoke the exemption of a driver.
IV. Basis for Renewing Exemptions In accordance with 49 U.S.C. 31136e and 31315b, each of the two applicants has satisfied the renewal conditions for obtaining an exemption from the epilepsy and seizure disorders prohibition. The two drivers in this notice remain in good standing with the Agency, have maintained their medical monitoring and have not exhibited any medical issues that would compromise their ability to safely operate a CMV
during the previous 2-year exemption period. In addition, for Commercial Drivers License CDL holders, the Commercial Drivers License Information System and the Motor Carrier Management Information System are searched for crash and violation data. For non-CDL holders, the Agency reviews the driving records from the State Drivers Licensing Agency. These factors provide an adequate basis for predicting each drivers ability to continue to safely operate a CMV in interstate commerce. Therefore, FMCSA
concludes that extending the exemption for each renewal applicant for a period of 2 years is likely to achieve a level of safety equal to that existing without the exemption.
As of August 13, 2021, and in accordance with 49 U.S.C. 31136e and 31315b, the following two individuals have satisfied the renewal conditions for obtaining an exemption from the epilepsy and seizure disorders prohibition in the FMCSRs for interstate CMV drivers:
Dennis Klamm MN and Stephen Root NY.
The drivers were included in docket number FMCSA20150116 or FMCSA
20190027. Their exemptions are applicable as of August 13, 2021 and will expire on August 13, 2023.
V. Conditions and Requirements The exemptions are extended subject to the following conditions: 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
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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. The exemption will be rescinded if: 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 before it was granted; or 3 continuation of the exemption would not be consistent with the goals and objectives of 49 U.S.C. 31136e and 31315b.
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 on its evaluation of the two exemption applications, FMCSA renews the exemptions of the aforementioned drivers from the epilepsy and seizure disorders prohibition in 391.41b8.
In accordance with 49 U.S.C. 31136e and 31315b, each exemption will be valid for 2 years unless revoked earlier by FMCSA.
Larry W. Minor, Associate Administrator for Policy.
FR Doc. 202117420 Filed 81321; 8:45 am BILLING CODE 4910EXP

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration Docket No. FMCSA20210010

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 seven 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
SUMMARY:

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