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Federal Register / Vol. 86, No. 188 / Friday, October 1, 2021 / Notices
individual or on behalf of a third party and then submit.
If you submit your comments by mail or hand delivery, submit them in an unbound format, no larger than 812 by 11 inches, suitable for copying and electronic filing. If you submit comments by mail and would like to know that they reached the facility, please enclose a stamped, self-addressed postcard or envelope.
FMCSA will consider all comments and material received during the comment period.
B. Viewing Comments To view comments go to www.regulations.gov. Insert the docket number, FMCSA20140214, FMCSA
20170180, FMCSA20190033, or FMCSA20190034 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 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.
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

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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 five 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 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 five applicants has satisfied the renewal conditions for obtaining an exemption from the epilepsy and seizure disorders prohibition. The five 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 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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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.
In accordance with 49 U.S.C. 31136e and 31315b, the following groups of drivers received renewed exemptions in the month of October and are discussed below.
As of October 4, 2021, 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:
Daniel Maben MI
Michael Miller TX
William Swann MD
Tyler Tilseth NM
The drivers were included in docket number FMCSA20140214, FMCSA
20170180, or FMCSA20190033.
Their exemptions are applicable as of October 4, 2021 and will expire on October 4, 2023.
As of October 15, 2021, and in accordance with 49 U.S.C. 31136e and 31315b, Adam Wilson MN has satisfied the renewal conditions for obtaining an exemption from the epilepsy and seizure disorders prohibition in the FMCSRs for interstate CMV drivers.
This driver was included in docket number FMCSA20190034. The exemption is applicable as of October 15, 2021 and will expire on October 15, 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 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
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