Qualification of Drivers; Exemption Applications; Epilepsy and Seizure Disorders, 33470-33472 [2021-13389]
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Federal Register / Vol. 86, No. 119 / Thursday, June 24, 2021 / Notices
Frequency: As required by regulation.
Estimated Average Burden per
Response: Varies per requirement.
Estimated Total Annual Burden:
5,393.75 Hours.
Issued in Washington, DC, on June 21,
2021.
Sandra L. Ray,
Aviation Safety Inspector. AFS–270.
[FR Doc. 2021–13253 Filed 6–23–21; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Highway Administration
Notice of Final Federal Agency Actions
on Proposed Highway in California
Federal Highway
Administration (FHWA), Department of
Transportation (DOT).
ACTION: Notice of limitation on claims
for judicial review of actions by the
California Department of Transportation
(Caltrans).
AGENCY:
The FHWA, on behalf of
Caltrans, is issuing this notice to
announce actions taken by Caltrans that
are final within the meaning of 23
U.S.C. 139(l)(1). The actions relate to the
proposed Eastbound (EB) State Route 91
(SR–91) Atlantic Ave. to Cherry Ave.
Auxiliary Lane Improvements Project on
SR–91 at post mile R11.8 to R13.2
within the County of Los Angeles, State
of California. Those actions grant
licenses, permits, and approvals for the
project.
DATES: By this notice, the FHWA, on
behalf of Caltrans, is advising the public
of final agency actions subject to 23
U.S.C. 139(l)(1). A claim seeking
judicial review of the Federal agency
actions on the highway project will be
barred unless the claim is filed on or
before November 22, 2021. If the Federal
law that authorizes judicial review of a
claim provides a time period of less
than 150 days for filing such claim, then
that shorter time period still applies.
FOR FURTHER INFORMATION CONTACT: For
Caltrans: Thoa Le, Senior
Environmental Planner, Division of
Environmental Planning, California
Department of Transportation—District
7, 100 South Main Street, Los Angeles,
CA 90012. Office hours: 8 a.m. to 5 p.m.,
telephone: (213) 266–6875, email:
D07.91AtlanticToCherry@dot.ca.gov.
For FHWA, contact David Tedrick at
(916) 498–5024 or email david.tedrick@
dot.gov.
SUPPLEMENTARY INFORMATION: Effective
July 1, 2007, FHWA assigned, and the
Caltrans assumed, environmental
responsibilities for this project pursuant
khammond on DSKJM1Z7X2PROD with NOTICES
SUMMARY:
VerDate Sep<11>2014
19:19 Jun 23, 2021
Jkt 253001
to 23 U.S.C. 327. Notice is hereby given
that the Caltrans, has taken final agency
actions subject to 23 U.S.C. 139(l)(1) by
issuing licenses, permits, and approvals
for the following highway project in the
State of California: The Los Angeles
County Metropolitan Transportation
Authority (Metro), in cooperation with
the Gateway Cities Council of
Governments and Caltrans proposes to
develop and implement an auxiliary
lane on EB SR–91 within a 1.4-mile
segment from the southbound Interstate
710 interchange connector to EB SR–91,
to Cherry Avenue to enhance safety
conditions, reduce congestion, and
improve freeway operations. The
actions by the Federal agencies, and the
laws under which such actions were
taken, are described in the Final Initial
Study (IS)/Environmental Assessment
(EA) with Mitigated Negative
Declaration (MND)/Finding of No
Significant Impact (FONSI) approved on
May 24, 2021, and in other documents
in the FHWA project records. The Final
IS/EA with MND/FONSI, and other
project records are available by
contacting Caltrans at the addresses
provided above. The Caltrans Final IS/
EA with MND/FONSI can be viewed
and downloaded from Reports menu on
the project website at: https://
www.metro.net/projects/i-605-corridorhot-spots-program/SR-91-early-actionprojects/ or viewed at Michelle Obama
Neighborhood Library in the city of
Long Beach. This notice applies to all
Federal agency decisions as of the
issuance date of this notice and all laws
under which such actions were taken,
including but not limited to:
(1) National Environmental Policy Act
(NEPA) of 1969;
(2) Federal Aid Highway Act of 1970;
(3) U.S. EPA Section 404(b)(1)
Guidelines (40 Code of Federal
Regulations [CFR] 230);
(4) Clean Air Act Amendments of
1990 (CAAA);
(5) Clean Water Act of 1977 and 1987;
(6) Federal Water Pollution Control
Act of 1972 (see Clean Water Act of
1977 & 1987);
(7) Safe Drinking Water Act of 1944,
as amended;
(8) Endangered Species Act of 1973;
(9) Executive Order 13112, Invasive
Species;
(10) Migratory Bird Treaty Act;
(11) Fish and Wildlife Coordination
Act of 1934, as amended;
(12) Coastal Zone Management Act of
1972;
(13) Title VI of the Civil Rights Act of
1964, as amended.
(Catalog of Federal Domestic Assistance
Program Number 20.205, Highway Planning
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and Construction. The regulations
implementing Executive Order 12372
regarding intergovernmental consultation on
Federal programs and activities apply to this
program.)
Authority: 23 U.S.C. 139(l)(1).
Issued on: June 15, 2021.
Rodney Whitfield,
Director, Financial Services, Federal Highway
Administration, California Division.
[FR Doc. 2021–13444 Filed 6–23–21; 8:45 am]
BILLING CODE 4910–RY–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2021–0025]
Qualification of Drivers; Exemption
Applications; Epilepsy and Seizure
Disorders
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 four individuals for
an exemption from the prohibition in
the Federal Motor Carrier Safety
Regulations (FMCSRs) against persons
with a clinical diagnosis of epilepsy or
any other condition that is likely to
cause a loss of consciousness or any loss
of ability to control a commercial motor
vehicle (CMV) to drive in interstate
commerce. If granted, the exemptions
would enable these individuals who
have had one or more seizures and are
taking anti-seizure medication to
operate CMVs in interstate commerce.
DATES: Comments must be received on
or before July 26, 2021.
ADDRESSES: You may submit comments
identified by the Federal Docket
Management System (FDMS) Docket No.
FMCSA–2021–0025 using any of the
following methods:
• Federal eRulemaking Portal: Go to
www.regulations.gov/, insert the docket
number, FMCSA–2021–0025, in the
keyword box, and click ‘‘Search.’’ Next,
sort the results by ‘‘Posted (NewerOlder),’’ choose the first notice listed,
and click on the ‘‘Comment’’ button.
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
SUMMARY:
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Federal Register / Vol. 86, No. 119 / Thursday, June 24, 2021 / Notices
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.
Ms.
Christine A. Hydock, Chief, Medical
Programs Division, (202) 366–4001,
fmcsamedical@dot.gov, FMCSA, DOT,
1200 New Jersey Avenue SE, Room
W64–224, Washington, DC 20590–0001.
Office hours are 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
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A. Submitting Comments
If you submit a comment, please
include the docket number for this
notice (Docket No. FMCSA–2021–0025),
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
www.regulations.gov/docket?D=FMCSA2021–0025. Next, sort the results by
‘‘Posted (Newer-Older),’’ choose the first
notice listed, click the ‘‘Comment’’
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.
FMCSA will consider all comments
and material received during the
comment period.
VerDate Sep<11>2014
19:19 Jun 23, 2021
Jkt 253001
B. Viewing Comments
To view comments go to
www.regulations.gov. Insert the docket
number, FMCSA–2021–0025, in the
keyword box, and click ‘‘Search.’’ Next,
sort the results by ‘‘Posted (NewerOlder),’’ 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 W12–140
on the ground floor of the DOT West
Building, 1200 New Jersey Avenue SE,
Washington, DC 20590–0001, 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 2year period to align with the maximum
duration of a driver’s medical
certification.
The four individuals listed in this
notice have requested an exemption
from the epilepsy and seizure disorders
prohibition in 49 CFR 391.41(b)(8).
Accordingly, the Agency will evaluate
the qualifications of each applicant to
determine whether granting the
exemption will achieve the required
level of safety mandated by statute.
The physical qualification standard
for drivers regarding epilepsy found in
§ 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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33471
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 criteria states that if an individual
has had a sudden episode of a nonepileptic seizure or loss of
consciousness of unknown cause that
did not require anti-seizure medication,
the decision whether that person’s
condition is likely to cause the loss of
consciousness or loss of ability to
control a CMV should be made on an
individual basis by the ME in
consultation with the treating physician.
Before certification is considered, it is
suggested that a 6-month waiting period
elapse from the time of the episode.
Following the waiting period, it is
suggested that the individual have a
complete neurological examination. If
the results of the examination are
negative and anti-seizure medication is
not required, then the driver may be
qualified.
In those individual cases where a
driver has had a seizure or an episode
of loss of consciousness that resulted
from a known medical condition (e.g.,
drug reaction, high temperature, acute
infectious disease, dehydration, or acute
metabolic disturbance), certification
should be deferred until the driver has
recovered fully from that condition, has
no existing residual complications, and
is not taking anti-seizure medication.
Drivers who have a history of
epilepsy/seizures, off anti-seizure
medication, and seizure-free for 10
years, may be qualified to operate a
CMV in interstate commerce. Interstate
drivers with a history of a single
unprovoked seizure may be qualified to
drive a CMV in interstate commerce if
seizure-free and off anti-seizure
medication for a 5-year period or more.
As a result of MEs misinterpreting
advisory criteria as regulation,
numerous drivers have been prohibited
from operating a CMV in interstate
commerce based on the fact that they
have had one or more seizures and are
taking anti-seizure medication, rather
than an individual analysis of their
circumstances by a qualified ME based
on the physical qualification standards
and medical best practices.
On January 15, 2013, FMCSA
announced in a Notice of Final
Disposition titled, ‘‘Qualification 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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33472
Federal Register / Vol. 86, No. 119 / Thursday, June 24, 2021 / Notices
Drivers; Exemption Applications;
Epilepsy and Seizure Disorders,’’ (78 FR
3069), its decision to grant requests from
22 individuals for exemptions from the
regulatory requirement that interstate
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.’’
Since that time, the Agency has
published additional notices granting
requests from individuals for
exemptions from the regulatory
requirement regarding epilepsy found in
§ 391.41(b)(8).
To be considered for an exemption
from the epilepsy and seizure disorders
prohibition in § 391.41(b)(8), applicants
must meet the criteria in the 2007
recommendations of the Agency’s
Medical Expert Panel (78 FR 3069).
III. Qualifications of Applicants
Charles Anthony
Mr. Anthony is a 44 year-old class D
driver’s license holder in North Dakota.
He has a history of epilepsy and has
been seizure free since 2006. He takes
anti-seizure medication with the dosage
and frequency remaining the same since
1991. His physician states that he is
supportive of Mr. Anthony receiving an
exemption.
Jeffrey Douglass
Mr. Douglass is a 40 year-old class B
CDL holder in Maine. He has a history
of partial complex epilepsy and has
been seizure free since April 2010. He
takes anti-seizure medication with the
dosage and frequency remaining the
same since April 2010. His physician
states that he is supportive of Mr.
Douglass receiving an exemption.
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Phillip Halfmann
Mr. Halfmann is a 30 year-old class
DM driver’s license holder in
Wisconsin. He has a history of seizure
and has been seizure free since 2011. He
is currently not taking any anti-seizure
medications and has not been
prescribed anti-seizure medication since
2011. His physician states that he is
supportive of Mr. Halfmann receiving
an exemption.
Christopher Nonnenkamp
Mr. Nonnenkamp is a 47 year-old
class E driver’s license holder in
Missouri. He has a history of
generalized idopathic epilepsy and has
been seizure free since 2010. He takes
anti-seizure medication with the dosage
and frequency remaining the same since
2010. His physician states that he is
supportive of Mr. Nonnenkamp
receiving an exemption.
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19:19 Jun 23, 2021
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IV. Request for Comments
In accordance with 49 U.S.C. 31136(e)
and 31315(b), FMCSA requests public
comment from all interested persons on
the exemption petitions described in
this notice. We will consider all
comments 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. 2021–13389 Filed 6–23–21; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
[Docket No. FRA–2021–0064]
Petition for Approval: Alaska Railroad
Corporation Approval Extension
Federal Railroad
Administration (FRA), Department of
Transportation (DOT).
ACTION: Notice of conditional approval.
AGENCY:
FRA is issuing this notice of
conditional approval to Alaska Railroad
Corporation (ARRC) in response to its
August 29, 2020, petition to extend
FRA’s approval authorizing ARRC’s
transport of Liquefied Natural Gas
(LNG) by rail in cryogenic portable
tanks (T75, UN cryogenic portable tanks
or cryogenic ISO tanks).
DATES: Comments are requested no later
than August 23, 2021. FRA will
consider comments received after that
date to the extent possible, without
incurring additional expense or delay.
ADDRESSES: All communications
concerning these proceedings should
identify the appropriate docket number
and may be submitted by any of the
following methods:
• Website: https://
www.regulations.gov. Follow the online
instructions for submitting comments.
• Email: hmassist@dot.gov.
Anyone can search the electronic
form of any written communications
and comments received into any of our
dockets by the name of the individual
submitting the comment (or signing the
document, if submitted on behalf of an
association, business, labor union, etc.).
Under 5 U.S.C. 553(c), DOT solicits
comments from the public to better
inform its processes. DOT posts these
comments, without edit, including any
personal information the commenter
provides, to https://www.regulations.
gov/, as described in the system of
records notice (DOT/ALL–14 FDMS),
which can be reviewed at https://
www.transportation.gov/privacy. See
SUMMARY:
PO 00000
Frm 00267
Fmt 4703
Sfmt 4703
also https://www.regulations.gov/
privacyNotice for the privacy notice of
regulations.gov.
FOR FURTHER INFORMATION CONTACT:
Mark Maday, Staff Director—Hazardous
Materials Division, Office of Railroad
Safety, FRA, telephone: (202) 493–0479
or email: Mark.Maday@dot.gov.
SUPPLEMENTARY INFORMATION: On August
29, 2020, ARRC petitioned FRA for an
extension of an Approval granted by the
Associate Administrator for Railroad
Safety in accordance with 49 CFR
174.63 of the Hazardous Materials
Regulations. FRA assigned the petition
Docket Number FRA–2021–0064.
Specifically, ARRC sought extension
of the approval issued under § 174.63 to
transport Methane, refrigerated liquid,
UN 1972, Division 2.1 (Flammable gas),
also commonly referred to as LNG, by
rail in UN cryogenic portable tanks
secured on flat cars via the following
routes: (1) Mainline service between
Seward, AK and Fairbanks, AK, and (2)
branch line service of approximately 12
miles between the Port of Whittier, AK,
and milepost 64.3 of the ARRC
mainline.
ARRC notes in its petition that it has
not begun to commercially transport
LNG under the terms of its approval.
However, in its petition ARRC also
notes that there is still a need for a clean
and affordable energy source for interior
Alaska. As a state-owned railroad
operating under a statutory mandate to
provide safe, efficient, and economical
transportation to meet the overall needs
of the state and its citizens, the ARRC
is positioned to facilitate the solution.
Additionally, ARRC suggests that
demand for natural gas transportation is
increasing, citing the recent installation
of a 5.2-million-gallon storage tank by
the natural gas distributor in Fairbanks,
AK. ARRC describes ongoing business
negotiations and developments that
could soon result in opportunities to
move LNG commercially by rail.
Finally, ARRC projects that once
commercial operations commence
under the terms of the approval, there
may be a need to move as much as 60
portable tanks of product every 4 days,
utilizing two portable tanks per flatcar
and a maximum of 30 flatcars per train.
FRA first granted ARRC’s petition in
2015. FRA’s safety assessment was
based upon detailed information
provided by the ARRC, including results
of assessments that were conducted by
ARRC and evaluated by FRA technical
experts for the routes over which LNG
would be moved. In 2017, FRA
modified the approval to expand the
authorization to include the additional
12-mile branch line route from Port of
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]]>Agencies
[Federal Register Volume 86, Number 119 (Thursday, June 24, 2021)]
[Notices]
[Pages 33470-33472]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-13389]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2021-0025]
Qualification of Drivers; Exemption Applications; Epilepsy and
Seizure Disorders
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), Department
of Transportation (DOT).
ACTION: Notice of applications for exemption; request for comments.
-----------------------------------------------------------------------
SUMMARY: FMCSA announces receipt of applications from four individuals
for an exemption from the prohibition in the Federal Motor Carrier
Safety Regulations (FMCSRs) against persons with a clinical diagnosis
of epilepsy or any other condition that is likely to cause a loss of
consciousness or any loss of ability to control a commercial motor
vehicle (CMV) to drive in interstate commerce. If granted, the
exemptions would enable these individuals who have had one or more
seizures and are taking anti-seizure medication to operate CMVs in
interstate commerce.
DATES: Comments must be received on or before July 26, 2021.
ADDRESSES: You may submit comments identified by the Federal Docket
Management System (FDMS) Docket No. FMCSA-2021-0025 using any of the
following methods:
Federal eRulemaking Portal: Go to www.regulations.gov/,
insert the docket number, FMCSA-2021-0025, in the keyword box, and
click ``Search.'' Next, sort the results by ``Posted (Newer-Older),''
choose the first notice listed, and click on the ``Comment'' button.
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
[[Page 33471]]
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,
DOT, 1200 New Jersey Avenue SE, Room W64-224, Washington, DC 20590-
0001. Office hours are 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-2021-0025), 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 www.regulations.gov/docket?D=FMCSA- 2021-0025. Next, sort the results by ``Posted (Newer-
Older),'' choose the first notice listed, click the ``Comment'' 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.
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, FMCSA-2021-0025, 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 W12-140 on the ground floor of the DOT West
Building, 1200 New Jersey Avenue SE, Washington, DC 20590-0001, 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 four individuals listed in this notice have requested an
exemption from the epilepsy and seizure disorders prohibition in 49 CFR
391.41(b)(8). Accordingly, the Agency will evaluate the qualifications
of each applicant to determine whether granting the exemption will
achieve the required level of safety mandated by statute.
The physical qualification standard for drivers regarding epilepsy
found in Sec. 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.
---------------------------------------------------------------------------
\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 criteria states that if an individual has had a sudden episode
of a non-epileptic seizure or loss of consciousness of unknown cause
that did not require anti-seizure medication, the decision whether that
person's condition is likely to cause the loss of consciousness or loss
of ability to control a CMV should be made on an individual basis by
the ME in consultation with the treating physician. Before
certification is considered, it is suggested that a 6-month waiting
period elapse from the time of the episode. Following the waiting
period, it is suggested that the individual have a complete
neurological examination. If the results of the examination are
negative and anti-seizure medication is not required, then the driver
may be qualified.
In those individual cases where a driver has had a seizure or an
episode of loss of consciousness that resulted from a known medical
condition (e.g., drug reaction, high temperature, acute infectious
disease, dehydration, or acute metabolic disturbance), certification
should be deferred until the driver has recovered fully from that
condition, has no existing residual complications, and is not taking
anti-seizure medication.
Drivers who have a history of epilepsy/seizures, off anti-seizure
medication, and seizure-free for 10 years, may be qualified to operate
a CMV in interstate commerce. Interstate drivers with a history of a
single unprovoked seizure may be qualified to drive a CMV in interstate
commerce if seizure-free and off anti-seizure medication for a 5-year
period or more.
As a result of MEs misinterpreting advisory criteria as regulation,
numerous drivers have been prohibited from operating a CMV in
interstate commerce based on the fact that they have had one or more
seizures and are taking anti-seizure medication, rather than an
individual analysis of their circumstances by a qualified ME based on
the physical qualification standards and medical best practices.
On January 15, 2013, FMCSA announced in a Notice of Final
Disposition titled, ``Qualification of
[[Page 33472]]
Drivers; Exemption Applications; Epilepsy and Seizure Disorders,'' (78
FR 3069), its decision to grant requests from 22 individuals for
exemptions from the regulatory requirement that interstate 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.'' Since that time, the Agency
has published additional notices granting requests from individuals for
exemptions from the regulatory requirement regarding epilepsy found in
Sec. 391.41(b)(8).
To be considered for an exemption from the epilepsy and seizure
disorders prohibition in Sec. 391.41(b)(8), applicants must meet the
criteria in the 2007 recommendations of the Agency's Medical Expert
Panel (78 FR 3069).
III. Qualifications of Applicants
Charles Anthony
Mr. Anthony is a 44 year-old class D driver's license holder in
North Dakota. He has a history of epilepsy and has been seizure free
since 2006. He takes anti-seizure medication with the dosage and
frequency remaining the same since 1991. His physician states that he
is supportive of Mr. Anthony receiving an exemption.
Jeffrey Douglass
Mr. Douglass is a 40 year-old class B CDL holder in Maine. He has a
history of partial complex epilepsy and has been seizure free since
April 2010. He takes anti-seizure medication with the dosage and
frequency remaining the same since April 2010. His physician states
that he is supportive of Mr. Douglass receiving an exemption.
Phillip Halfmann
Mr. Halfmann is a 30 year-old class DM driver's license holder in
Wisconsin. He has a history of seizure and has been seizure free since
2011. He is currently not taking any anti-seizure medications and has
not been prescribed anti-seizure medication since 2011. His physician
states that he is supportive of Mr. Halfmann receiving an exemption.
Christopher Nonnenkamp
Mr. Nonnenkamp is a 47 year-old class E driver's license holder in
Missouri. He has a history of generalized idopathic epilepsy and has
been seizure free since 2010. He takes anti-seizure medication with the
dosage and frequency remaining the same since 2010. His physician
states that he is supportive of Mr. Nonnenkamp receiving an exemption.
IV. Request for Comments
In accordance with 49 U.S.C. 31136(e) and 31315(b), FMCSA requests
public comment from all interested persons on the exemption petitions
described in this notice. We will consider all comments 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. 2021-13389 Filed 6-23-21; 8:45 am]
BILLING CODE 4910-EX-P
