Qualification of Drivers; Exemption Applications; Epilepsy and Seizure Disorders, 76655-76657 [2020-26354]
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Federal Register / Vol. 85, No. 230 / Monday, November 30, 2020 / Notices
73 FR 42403; 75 FR 38602; 75 FR 72863;
76 FR 2190; 78 FR 800; 80 FR 603; 81
FR 96165; 84 FR 2311):
Jose M. Suarez (TX); and Richard L.
Zacher (OR)
The drivers were included in docket
numbers FMCSA–2004–17195;
FMCSA–2010–0354. Their exemptions
are applicable as of January 31, 2021,
and will expire on January 31, 2023.
V. Conditions and Requirements
The exemptions are extended subject
to the following conditions: (1) Each
driver must undergo an annual physical
examination (a) by an ophthalmologist
or optometrist who attests that the
vision in the better eye continues to
meet the requirements in 49 CFR
391.41(b)(10), and (b) by a certified
medical examiner (ME), as defined by
§ 390.5, who attests that the driver is
otherwise physically qualified under
§ 391.41; (2) each driver must provide a
copy of the ophthalmologist’s or
optometrist’s report to the ME at the
time of the annual medical examination;
and (3) each driver must provide a copy
of the annual medical certification to
the employer for retention in the
driver’s qualification file or keep a copy
of his/her driver’s qualification if he/she
is self-employed. 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will be rescinded if: (1) The person fails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.
31136(e) and 31315(b).
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.
TKELLEY on DSKBCP9HB2PROD with NOTICES
VI. Conclusion
Based upon its evaluation of the 26
exemption applications, FMCSA renews
the exemptions of the aforementioned
drivers from the vision requirement in
§ 391.41(b)(10), subject to the
requirements cited above. In accordance
with 49 U.S.C. 31136(e) and 31315(b), each
exemption will be valid for 2 years unless
revoked earlier by FMCSA.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2020–26355 Filed 11–27–20; 8:45 am]
BILLING CODE 4910–EX–P
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Jkt 253001
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2013–0442; FMCSA–
2014–0216; FMCSA–2015–0322; FMCSA–
2015–0323; FMCSA–2016–0007; FMCSA–
2016–0008; FMCSA–2018–0056]
Qualification of Drivers; Exemption
Applications; Epilepsy and Seizure
Disorders
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Notice of renewal of
exemptions; request for comments.
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 stated in
the discussions below. Comments must
be received on or before December 30,
2020.
ADDRESSES: You may submit comments
identified by the Federal Docket
Management System (FDMS) Docket No.
FMCSA–2013–0442, Docket No.
FMCSA–2014–0216, Docket No.
FMCSA–2015–0322, Docket No.
FMCSA–2015–0323, Docket No.
FMCSA–2016–0007, Docket No.
FMCSA–2016–0008, or Docket No.
FMCSA–2018–0056 using any of the
following methods:
• Federal eRulemaking Portal: Go to
https://www.regulations.gov. 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 W12–140,
Washington, DC 20590–0001.
• Hand Delivery: West Building
Ground Floor, Room W12–140, 1200
New Jersey Avenue SE, Washington,
DC, between 9 a.m. and 5 p.m., ET,
Monday through Friday, except Federal
Holidays.
• Fax: (202) 493–2251.
SUMMARY:
PO 00000
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76655
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.
Ms.
Christine A. Hydock, Chief, Medical
Programs Division, (202) 366–4001,
fmcsamedical@dot.gov, FMCSA,
Department of Transportation, 1200
New Jersey Avenue SE, Room W64–224,
Washington, DC 20590–0001. 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.
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
I. Public Participation
A. Submitting Comments
If you submit a comment, please
include the docket number for this
notice (Docket No. FMCSA–2013–0442,
FMCSA–2014–0216, FMCSA–2015–
0322, FMCSA–2015–0323, FMCSA–
2016–0007, FMCSA–2016–0008, or
FMCSA–2018–0056), indicate the
specific section of this document to
which each comment applies, and
provide a reason for each suggestion or
recommendation. You may submit your
comments and material online or by fax,
mail, or hand delivery, but please use
only one of these means. FMCSA
recommends that you include your
name and a mailing address, an email
address, or a phone number in the body
of your document so that FMCSA can
contact you if there are questions
regarding your submission.
To submit your comment online, go to
https://www.regulations.gov, put the
docket number, FMCSA–2013–0442,
FMCSA–2014–0216, FMCSA–2015–
0322, FMCSA–2015–0323, FMCSA–
2016–0007, FMCSA–2016–0008, or
FMCSA–2018–0056, in the keyword
box, and click ‘‘Search.’’ When the new
screen appears, click on the ‘‘Comment
Now!’’ button and type your comment
into the text box on the following
screen. Choose whether you are
submitting your comment as an
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 81⁄2 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.
E:\FR\FM\30NON1.SGM
30NON1
76656
Federal Register / Vol. 85, No. 230 / Monday, November 30, 2020 / Notices
FMCSA will consider all comments
and material received during the
comment period.
B. Viewing Documents and Comments
To view comments, as well as any
documents mentioned in this notice as
being available in the docket, go to
https://www.regulations.gov. Insert the
docket number, FMCSA–2013–0442,
FMCSA–2014–0216, FMCSA–2015–
0322, FMCSA–2015–0323, FMCSA–
2016–0007, FMCSA–2016–0008, or
FMCSA–2018–0056, 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 W12–140
on the ground floor of the DOT West
Building, 1200 New Jersey Avenue SE,
Washington, DC 20590, 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) 366–9826
before visiting Dockets Operations.
C. Privacy Act
In accordance with 5 U.S.C. 553(c),
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.
TKELLEY on DSKBCP9HB2PROD with NOTICES
II. Background
Under 49 U.S.C. 31136(e) and
31315(b), 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 driver’s medical
certification.
The physical qualification standard
for drivers regarding epilepsy found in
49 CFR 391.41(b)(8) 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.
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In addition to the regulations, FMCSA
has published advisory criteria 1 to
assist medical examiners (MEs) in
determining whether drivers with
certain medical conditions are qualified
to operate a CMV in interstate
commerce.
The 11 individuals listed in this
notice have requested renewal of their
exemptions from the epilepsy and
seizure disorders prohibition in
§ 391.41(b)(8), 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. 31136(e) and 31315(b), FMCSA
will take immediate steps to revoke the
exemption of a driver.
IV. Basis for Renewing Exemptions
In accordance with 49 U.S.C. 31136(e)
and 31315(b), each of the 11 applicants
has satisfied the renewal conditions for
obtaining an exemption from the
epilepsy and seizure disorders
prohibition. The 11 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
Driver’s License (CDL) holders, the
Commercial Driver’s 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 Driver’s Licensing Agency. These
factors provide an adequate basis for
predicting each driver’s 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
1 These criteria may be found in APPENDIX A TO
PART 391—MEDICAL ADVISORY CRITERIA,
section H. Epilepsy: § 391.41(b)(8), 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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safety equal to that existing without the
exemption.
In accordance with 49 U.S.C. 31136(e)
and 31315(b), the following groups of
drivers received renewed exemptions in
the month of December and are
discussed below.
As of December 3, 2020, and in
accordance with 49 U.S.C. 31136(e) and
31315(b), the following seven
individuals have satisfied the renewal
conditions for obtaining an exemption
from the epilepsy and seizure disorders
prohibition in the FMCSRs for interstate
CMV drivers:
Nicolas Donez, Jr. (CO)
Michael C. Grant (SC)
Larry G. Hediger (IL)
Thomas K. Mitchell (MS)
Isaac E. Rogers (IL)
Donald J. Smith (NY)
Joseph A. Thomas (MD)
The drivers were included in docket
number FMCSA–2013–0442, FMCSA–
2014–0216, FMCSA–2015–0322,
FMCSA–2016–0007, and FMCSA–2018–
0056. Their exemptions are applicable
as of December 3, 2020, and will expire
on December 3, 2022.
As of December 21, 2020, and in
accordance with 49 U.S.C. 31136(e) and
31315(b), 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:
Douglas Cantwell (TN)
Kenneth B. Elder (KY)
Ronnie D. Moody (NC)
Tara VanHorne (PA)
The drivers were included in docket
number FMCSA–2015–0323 and
FMCSA–2016–0008. Their exemptions
are applicable as of December 21, 2020,
and will expire on December 21, 2022.
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 driver’s qualification
file, or keep a copy of his/her driver’s
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
E:\FR\FM\30NON1.SGM
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Federal Register / Vol. 85, No. 230 / Monday, November 30, 2020 / Notices
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. 31136(e) and
31315(b).
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 11
exemption applications, FMCSA renews
the exemptions of the aforementioned
drivers from the epilepsy and seizure
disorders prohibition in § 391.41(b)(8).
In accordance with 49 U.S.C. 31136(e)
and 31315(b), each exemption will be
valid for 2 years unless revoked earlier
by FMCSA.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2020–26354 Filed 11–27–20; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2016–0180]
Commercial Driver’s License (CDL)
Testing; Application for Exemption:
State of Minnesota
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Notice of application for
exemption; request for comments.
AGENCY:
FMCSA announces that the
State of Minnesota seeks
reconsideration of its application for
exemption from regulations governing
commercial driver’s license (CDL) skills
testing procedures and practices that
was denied on May 9, 2017. Minnesota
believes it can deliver its CDL skills
testing more efficiently in an alternative
manner. It asserts that its method of
delivering skills testing will maintain
the testing standards enumerated by the
regulations. FMCSA requests public
comment on Minnesota’s application for
reconsideration.
DATES: Comments must be received on
or before December 30, 2020.
TKELLEY on DSKBCP9HB2PROD with NOTICES
SUMMARY:
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20:03 Nov 27, 2020
Jkt 253001
You may submit comments
identified by Federal Docket
Management System Number FMCSA–
2016–0180 by any of the following
methods:
• Federal eRulemaking Portal: Go to
www.regulations.gov. Follow the on-line
instructions for submitting comments.
• Mail: Dockets Operations; U.S.
Department of Transportation, 1200
New Jersey Avenue SE, West Building
Ground Floor, Room W12–140,
Washington, DC 20590–0001.
• Hand Delivery or Courier: Dockets
Operations, West Building Ground
Floor, Room W12–140, 1200 New Jersey
Avenue SE, Washington, DC, 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) 366–
9826 before visiting Dockets Operations.
• Fax: 1–202–493–2251.
Each submission must include the
Agency name and the docket number for
this notice. Note that DOT posts all
comments received without change to
www.regulations.gov, including any
personal information included in a
comment. Please see the Privacy Act
heading below.
Docket: For access to the docket to
read background documents or
comments, go to www.regulations.gov at
any time or visit Room W12–140 on the
ground level of the West Building, 1200
New Jersey Avenue SE., Washington,
DC, 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) 366–9826 before visiting Dockets
Operations.
The on-line Federal document
management system is available 24
hours each day, 365 days each year. If
you want acknowledgment that we
received your comments, please include
a self-addressed, stamped envelope or
postcard or print the acknowledgement
page that appears after submitting
comments on-line.
Privacy Act: In accordance with 5
U.S.C. 553(c), 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.dot.gov/privacy.
FOR FURTHER INFORMATION CONTACT: Ms.
Pearlie Robinson, FMCSA Driver and
Carrier Operations Division; Office of
Carrier, Driver and Vehicle Safety
Standards; Telephone: 202–366–4325.
Email: MCPSD@dot.gov. If you have
ADDRESSES:
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76657
questions on viewing or submitting
material to the docket, contact Docket
Services, telephone (202) 366–9826.
SUPPLEMENTARY INFORMATION:
I. Public Participation and Request for
Comments
FMCSA encourages you to participate
by submitting comments and related
materials.
Submitting Comments
If you submit a comment, please
include the docket number for this
notice (FMCSA–2016–0180), indicate
the specific section of this document to
which the comment applies, and
provide a reason for suggestions or
recommendations. You may submit
your comments and material online or
by fax, mail, or hand delivery, but
please use only one of these means.
FMCSA recommends that you include
your name and a mailing address, an
email address, or a phone number in the
body of your document so the Agency
can contact you if it has questions
regarding your submission.
To submit your comments online, go
to www.regulations.gov and put the
docket number, ‘‘FMCSA–2016–0180’’
in the ‘‘Keyword’’ box, and click
‘‘Search.’’ When the new screen
appears, click on ‘‘Comment Now!’’
button and type your comment into the
text box in the following screen. Choose
whether you are submitting your
comment as an 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 81⁄2 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 and may grant or
not grant this application based on your
comments.
II. Legal Basis
FMCSA has authority under 49 U.S.C.
31136(e) and 31315 to grant exemptions
from the Federal Motor Carrier Safety
Regulations (FMCSRs) (49 CFR part 350
et seq.). FMCSA must publish a notice
of each exemption request in the
Federal Register (49 CFR 381.315(a)).
The Agency must provide the public an
opportunity to inspect the information
relevant to the application, including
any safety analyses that have been
conducted. The Agency must also
provide an opportunity for public
comment on the request.
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Agencies
[Federal Register Volume 85, Number 230 (Monday, November 30, 2020)]
[Notices]
[Pages 76655-76657]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-26354]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2013-0442; FMCSA-2014-0216; FMCSA-2015-0322; FMCSA-
2015-0323; FMCSA-2016-0007; FMCSA-2016-0008; FMCSA-2018-0056]
Qualification of Drivers; Exemption Applications; Epilepsy and
Seizure Disorders
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.
ACTION: Notice of renewal of exemptions; request for comments.
-----------------------------------------------------------------------
SUMMARY: 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 stated in
the discussions below. Comments must be received on or before December
30, 2020.
ADDRESSES: You may submit comments identified by the Federal Docket
Management System (FDMS) Docket No. FMCSA-2013-0442, Docket No. FMCSA-
2014-0216, Docket No. FMCSA-2015-0322, Docket No. FMCSA-2015-0323,
Docket No. FMCSA-2016-0007, Docket No. FMCSA-2016-0008, or Docket No.
FMCSA-2018-0056 using any of the following methods:
Federal eRulemaking Portal: Go to https://www.regulations.gov. 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 W12-140, Washington, DC 20590-0001.
Hand Delivery: West Building Ground Floor, Room W12-140,
1200 New Jersey Avenue SE, Washington, DC, between 9 a.m. and 5 p.m.,
ET, Monday through Friday, except Federal Holidays.
Fax: (202) 493-2251.
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) 366-4001, [email protected], FMCSA,
Department of Transportation, 1200 New Jersey Avenue SE, Room W64-224,
Washington, DC 20590-0001. 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. Submitting Comments
If you submit a comment, please include the docket number for this
notice (Docket No. FMCSA-2013-0442, FMCSA-2014-0216, FMCSA-2015-0322,
FMCSA-2015-0323, FMCSA-2016-0007, FMCSA-2016-0008, or FMCSA-2018-0056),
indicate the specific section of this document to which each comment
applies, and provide a reason for each suggestion or recommendation.
You may submit your comments and material online or by fax, mail, or
hand delivery, but please use only one of these means. FMCSA recommends
that you include your name and a mailing address, an email address, or
a phone number in the body of your document so that FMCSA can contact
you if there are questions regarding your submission.
To submit your comment online, go to https://www.regulations.gov,
put the docket number, FMCSA-2013-0442, FMCSA-2014-0216, FMCSA-2015-
0322, FMCSA-2015-0323, FMCSA-2016-0007, FMCSA-2016-0008, or FMCSA-2018-
0056, in the keyword box, and click ``Search.'' When the new screen
appears, click on the ``Comment Now!'' button and type your comment
into the text box on the following screen. Choose whether you are
submitting your comment as an 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 8\1/2\ 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.
[[Page 76656]]
FMCSA will consider all comments and material received during the
comment period.
B. Viewing Documents and Comments
To view comments, as well as any documents mentioned in this notice
as being available in the docket, go to https://www.regulations.gov.
Insert the docket number, FMCSA-2013-0442, FMCSA-2014-0216, FMCSA-2015-
0322, FMCSA-2015-0323, FMCSA-2016-0007, FMCSA-2016-0008, or FMCSA-2018-
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 W12-140 on the ground floor of the DOT West
Building, 1200 New Jersey Avenue SE, Washington, DC 20590, 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) 366-9826 before visiting Dockets Operations.
C. Privacy Act
In accordance with 5 U.S.C. 553(c), 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
Under 49 U.S.C. 31136(e) and 31315(b), 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 2-year period to align with the maximum duration of a
driver's medical certification.
The physical qualification standard for drivers regarding epilepsy
found in 49 CFR 391.41(b)(8) 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 (MEs) in determining whether
drivers with certain medical conditions are qualified to operate a CMV
in interstate commerce.
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\1\ These criteria may be found in APPENDIX A TO PART 391--
MEDICAL ADVISORY CRITERIA, section H. Epilepsy: Sec. 391.41(b)(8),
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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The 11 individuals listed in this notice have requested renewal of
their exemptions from the epilepsy and seizure disorders prohibition in
Sec. 391.41(b)(8), 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.
31136(e) and 31315(b), FMCSA will take immediate steps to revoke the
exemption of a driver.
IV. Basis for Renewing Exemptions
In accordance with 49 U.S.C. 31136(e) and 31315(b), each of the 11
applicants has satisfied the renewal conditions for obtaining an
exemption from the epilepsy and seizure disorders prohibition. The 11
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 Driver's License (CDL) holders, the Commercial Driver's
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 Driver's
Licensing Agency. These factors provide an adequate basis for
predicting each driver's 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. 31136(e) and 31315(b), the following
groups of drivers received renewed exemptions in the month of December
and are discussed below.
As of December 3, 2020, and in accordance with 49 U.S.C. 31136(e)
and 31315(b), the following seven individuals have satisfied the
renewal conditions for obtaining an exemption from the epilepsy and
seizure disorders prohibition in the FMCSRs for interstate CMV drivers:
Nicolas Donez, Jr. (CO)
Michael C. Grant (SC)
Larry G. Hediger (IL)
Thomas K. Mitchell (MS)
Isaac E. Rogers (IL)
Donald J. Smith (NY)
Joseph A. Thomas (MD)
The drivers were included in docket number FMCSA-2013-0442, FMCSA-
2014-0216, FMCSA-2015-0322, FMCSA-2016-0007, and FMCSA-2018-0056. Their
exemptions are applicable as of December 3, 2020, and will expire on
December 3, 2022.
As of December 21, 2020, and in accordance with 49 U.S.C. 31136(e)
and 31315(b), 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:
Douglas Cantwell (TN)
Kenneth B. Elder (KY)
Ronnie D. Moody (NC)
Tara VanHorne (PA)
The drivers were included in docket number FMCSA-2015-0323 and
FMCSA-2016-0008. Their exemptions are applicable as of December 21,
2020, and will expire on December 21, 2022.
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 Sec. 390.5; and (4) each driver must
provide a copy of the annual medical certification to the employer for
retention in the driver's qualification file, or keep a copy of his/her
driver's qualification file if he/she is self-employed. The driver must
also have a copy of the exemption when driving, for presentation to a
duly authorized
[[Page 76657]]
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. 31136(e) and 31315(b).
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 11 exemption applications, FMCSA
renews the exemptions of the aforementioned drivers from the epilepsy
and seizure disorders prohibition in Sec. 391.41(b)(8). In accordance
with 49 U.S.C. 31136(e) and 31315(b), each exemption will be valid for
2 years unless revoked earlier by FMCSA.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2020-26354 Filed 11-27-20; 8:45 am]
BILLING CODE 4910-EX-P