Qualification of Drivers; Exemption Applications; Epilepsy and Seizure Disorders, 37397-37399 [2021-15052]

Download as PDF Federal Register / Vol. 86, No. 133 / Thursday, July 15, 2021 / Notices 37397 proposed rule change between the Commission and any person, other than those that may be withheld from the public in accordance with the provisions of 5 U.S.C. 552, will be available for website viewing and printing in the Commission’s Public Reference Room, 100 F Street NE, Washington, DC 20549, on official business days between the hours of 10:00 a.m. and 3:00 p.m. Copies of the filing also will be available for inspection and copying at the principal office of the Exchange. All comments received will be posted without change. Persons submitting comments are cautioned that we do not redact or edit personal identifying information from comment submissions. You should submit only information that you wish to make available publicly. All submissions should refer to File Number SR–MIAX–2021–28, and should be submitted on or before August 5, 2021. Disbursement Center, 14925 Kingsport Road, Fort Worth, TX 76155. FOR FURTHER INFORMATION CONTACT: A. Escobar, Office of Disaster Assistance, U.S. Small Business Administration, 409 3rd Street SW, Suite 6050, Washington, DC 20416, (202) 205–6734. SUPPLEMENTARY INFORMATION: The notice of the President’s major disaster declaration for Private Non-Profit organizations in the State of Mississippi, dated 5/04/2021, is hereby amended to include the counties listed below. Please contact the SBA disaster customer service center by email at disastercustomerservice@sba.gov or by phone at 1–800–659–2955 to request an application. Applications for physical damages may be filed until 09/07/2021 and applications for economic injury may be file until 04/07/2022. Primary Counties: Clay, Holmes, Quitman, Webster, Wilkinson. All other information in the original declaration remains unchanged. the instructions on providing comments. • Fax: 202–493–2251. • Mail: U.S. Department of Transportation, Docket Operations, M– 30, West Building Ground Floor, Room W 12–140, 1200 New Jersey Avenue SE, Washington, DC 20590. • Hand Delivery: Deliver to mail address above between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. Interested persons may inspect the request and supporting documents by contacting the FAA at the address listed under FOR FURTHER INFORMATION CONTACT. FOR FURTHER INFORMATION CONTACT: Mr. Jorge E. Panteli, Compliance and Land Use Specialist, Federal Aviation Administration New England Region Airports Division, 1200 District Avenue, Burlington, Massachusetts 01803. Telephone: 781–238–7618. For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.30 J. Matthew DeLesDernier, Assistant Secretary. (Catalog of Federal Domestic Assistance Number 59008) Issued in Burlington, Massachusetts on July 12, 2021. Julie Seltsam-Wilps, Deputy Director, ANE–600. [FR Doc. 2021–15031 Filed 7–14–21; 8:45 am] James Rivera, Associate Administrator for Disaster Assistance. [FR Doc. 2021–15061 Filed 7–14–21; 8:45 am] BILLING CODE 8011–01–P Authority: 49 U.S.C. 47107(h)(2). [FR Doc. 2021–15064 Filed 7–14–21; 8:45 am] BILLING CODE 4910–13–P BILLING CODE 8026–03–P DEPARTMENT OF TRANSPORTATION SMALL BUSINESS ADMINISTRATION Federal Motor Carrier Safety Administration Federal Aviation Administration Presidential Declaration Amendment of a Major Disaster for Public Assistance Only for the State of Mississippi Notice of Intent To Rule on Request for Disposal of 14.1 Acres of Land at Auburn-Lewiston Airport, Auburn, ME [Docket No. FMCSA–2008–0355; FMCSA– 2011–0089; FMCSA–2014–0381; FMCSA– 2014–0382; FMCSA–2017–0253; FMCSA– 2018–0057; FMCSA–2019–0028; FMCSA– 2019–0029] Federal Aviation Administration (FAA), Transportation (DOT). ACTION: Request for public comments. Qualification of Drivers; Exemption Applications; Epilepsy and Seizure Disorders AGENCY: U.S. Small Business Administration. ACTION: Amendment 1. AGENCY: This is an amendment of the Presidential declaration of a major disaster for Public Assistance Only for the State of Mississippi (FEMA–4598– DR), dated 5/04/2021. Incident: Severe Winter Storms. Incident Period: 02/11/2021 through 02/ 19/2021. DATES: Issued on 07/07/2021. Physical Loan Application Deadline Date: Filing Period for counties listed below ends on 09/07/2021. Economic Injury (EIDL) Loan Application Deadline Date: Filing Period for counties listed below ends on 04/07/2022. ADDRESSES: Submit completed loan applications to: U.S. Small Business Administration, Processing and SUMMARY: khammond on DSKJM1Z7X2PROD with NOTICES DEPARTMENT OF TRANSPORTATION [Disaster Declaration #16955 and #16956; Mississippi Disaster Number MS–00135] 30 17 CFR 200.30–3(a)(12). VerDate Sep<11>2014 20:16 Jul 14, 2021 Jkt 253001 Notice is being given that the FAA is considering a request from the Cities of Auburn and Lewiston, ME to dispose of 14.1 acres of land at AuburnLewiston Airport, Auburn, ME. The land is not required for aeronautical use. Given its location, the disposal of land will not affect existing or future aviation development needs at the airport. An avigation easement will be placed on the property to ensure conformance with airport airspace requirements. The proceeds of the land sale will be placed in the airport’s operating and maintenance account. DATES: Comments must be received on or before August 16, 2021. ADDRESSES: You may send comments using any of the following methods: • Federal eRulemaking Portal: Go to https://www.regulations.gov, and follow SUMMARY: PO 00000 Frm 00124 Fmt 4703 Sfmt 4703 Federal Motor Carrier Safety Administration (FMCSA), Department of Transportation (DOT). ACTION: Notice of renewal of exemptions; request for comments. AGENCY: FMCSA announces its decision to renew exemptions for 13 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. SUMMARY: E:\FR\FM\15JYN1.SGM 15JYN1 37398 Federal Register / Vol. 86, No. 133 / Thursday, July 15, 2021 / Notices The exemptions were applicable on July 12, 2021. The exemptions expire on July 12, 2023. Comments must be received on or before August 16, 2021. ADDRESSES: You may submit comments identified by the Federal Docket Management System (FDMS) Docket No. FMCSA–2008–0355, Docket No. FMCSA–2011–0089, Docket No. FMCSA–2014–0381, Docket No. FMCSA–2014–0382, Docket No. FMCSA–2017–0253, Docket No. FMCSA–2018–0057, Docket No. FMCSA–2019–0028, or Docket No. FMCSA–2019–0029 using any of the following methods: • Federal eRulemaking Portal: Go to www.regulations.gov/, insert the docket number, FMCSA–2008–0355, FMCSA– 2011–0089, FMCSA–2014–0381, FMCSA–2014–0382, FMCSA–2017– 0253, FMCSA–2018–0057, FMCSA– 2019–0028, or FMCSA–2019–0029 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 New Jersey Avenue SE, Washington, DC 20590–0001 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, fmcsamedical@dot.gov, FMCSA, DOT, 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: khammond on DSKJM1Z7X2PROD with NOTICES DATES: I. Public Participation A. Submitting Comments If you submit a comment, please include the docket number for this notice (Docket No. FMCSA–2008–0355, Docket No. FMCSA–2011–0089, Docket No. FMCSA–2014–0381, Docket No. VerDate Sep<11>2014 17:11 Jul 14, 2021 Jkt 253001 FMCSA–2014–0382, Docket No. FMCSA–2017–0253, Docket No. FMCSA–2018–0057, Docket No. FMCSA–2019–0028, or Docket No. FMCSA–2019–0029), 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, insert the docket number, FMCSA–2008–0355, FMCSA– 2011–0089, FMCSA–2014–0381, FMCSA–2014–0382, FMCSA–2017– 0253, FMCSA–2018–0057, FMCSA– 2019–0028, or FMCSA–2019–0029 in the keyword box and click ‘‘Search.’’ 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. B. Viewing Comments To view comments go to www.regulations.gov. Insert the docket number, FMCSA–2008–0355, FMCSA– 2011–0089, FMCSA–2014–0381, FMCSA–2014–0382, FMCSA–2017– 0253, FMCSA–2018–0057, FMCSA– 2019–0028, or FMCSA–2019–0029 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 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 PO 00000 Frm 00125 Fmt 4703 Sfmt 4703 (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 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 in determining whether drivers with certain medical conditions are qualified to operate a CMV in interstate commerce. The 13 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 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. E:\FR\FM\15JYN1.SGM 15JYN1 Federal Register / Vol. 86, No. 133 / Thursday, July 15, 2021 / Notices 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. khammond on DSKJM1Z7X2PROD with NOTICES IV. Basis for Renewing Exemptions In accordance with 49 U.S.C. 31136(e) and 31315(b), each of the 13 applicants has satisfied the renewal conditions for obtaining an exemption from the epilepsy and seizure disorders prohibition. The 13 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. As of July 12, 2021, and in accordance with 49 U.S.C. 31136(e) and 31315(b), the following 13 individuals have satisfied the renewal conditions for obtaining an exemption from the epilepsy and seizure disorders prohibition in the FMCSRs for interstate CMV drivers: Prince Austin, Jr. (OH) Darcy Baker (OH) Gary Bartels (SD) Frank Cekovic (PA) Monte DeRocini (PA) Teddy Dixon (GA) Jaime Dougherty (MN) Martin Ford (WI) David Johnston (HI) Brent Mapes (IL) Enrico Mucci (PA) Charles Skelton (AL) Kevin Wiggins (KY) The drivers were included in docket number FMCSA–2008–0355, FMCSA– 2011–0089, FMCSA–2014–0381, FMCSA–2014–0382, FMCSA–2017– VerDate Sep<11>2014 17:11 Jul 14, 2021 Jkt 253001 37399 0253, FMCSA–2018–0057, FMCSA– 2019–0028, or FMCSA–2019–0029. Their exemptions are applicable as of July 12, 2021 and will expire on July 12, 2023. DEPARTMENT OF TRANSPORTATION V. Conditions and Requirements Qualification of Drivers; Exemption Applications; Epilepsy and Seizure Disorders 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 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). Federal Motor Carrier Safety Administration [FMCSA Docket No. FMCSA–2021–0024] Federal Motor Carrier Safety Administration (FMCSA), Department of Transportation (DOT). ACTION: Notice of final disposition. AGENCY: 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. FMCSA announces its decision to exempt three 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 antiseizure medication to operate CMVs in interstate commerce. DATES: The exemptions were applicable on July 5, 2021. The exemptions expire on July 5, 2023. FOR FURTHER INFORMATION CONTACT: 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 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: VII. Conclusion I. Public Participation VI. Preemption Based on its evaluation of the 13 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. 2021–15052 Filed 7–14–21; 8:45 am] BILLING CODE 4910–EX–P PO 00000 Frm 00126 Fmt 4703 Sfmt 4703 SUMMARY: A. Viewing Comments To view comments go to www.regulations.gov. Insert the docket number, FMCSA–2021–0024, 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. E:\FR\FM\15JYN1.SGM 15JYN1

Agencies

[Federal Register Volume 86, Number 133 (Thursday, July 15, 2021)]
[Notices]
[Pages 37397-37399]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-15052]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2008-0355; FMCSA-2011-0089; FMCSA-2014-0381; FMCSA-
2014-0382; FMCSA-2017-0253; FMCSA-2018-0057; FMCSA-2019-0028; FMCSA-
2019-0029]


Qualification of Drivers; Exemption Applications; Epilepsy and 
Seizure Disorders

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), Department 
of Transportation (DOT).

ACTION: Notice of renewal of exemptions; request for comments.

-----------------------------------------------------------------------

SUMMARY: FMCSA announces its decision to renew exemptions for 13 
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.

[[Page 37398]]


DATES: The exemptions were applicable on July 12, 2021. The exemptions 
expire on July 12, 2023. Comments must be received on or before August 
16, 2021.

ADDRESSES: You may submit comments identified by the Federal Docket 
Management System (FDMS) Docket No. FMCSA-2008-0355, Docket No. FMCSA-
2011-0089, Docket No. FMCSA-2014-0381, Docket No. FMCSA-2014-0382, 
Docket No. FMCSA-2017-0253, Docket No. FMCSA-2018-0057, Docket No. 
FMCSA-2019-0028, or Docket No. FMCSA-2019-0029 using any of the 
following methods:
     Federal eRulemaking Portal: Go to www.regulations.gov/, 
insert the docket number, FMCSA-2008-0355, FMCSA-2011-0089, FMCSA-2014-
0381, FMCSA-2014-0382, FMCSA-2017-0253, FMCSA-2018-0057, FMCSA-2019-
0028, or FMCSA-2019-0029 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 New Jersey Avenue SE, Washington, DC 20590-0001 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 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-2008-0355, Docket No. FMCSA-2011-0089, Docket 
No. FMCSA-2014-0381, Docket No. FMCSA-2014-0382, Docket No. FMCSA-2017-
0253, Docket No. FMCSA-2018-0057, Docket No. FMCSA-2019-0028, or Docket 
No. FMCSA-2019-0029), 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, insert 
the docket number, FMCSA-2008-0355, FMCSA-2011-0089, FMCSA-2014-0381, 
FMCSA-2014-0382, FMCSA-2017-0253, FMCSA-2018-0057, FMCSA-2019-0028, or 
FMCSA-2019-0029 in the keyword box and click ``Search.'' 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-2008-0355, FMCSA-2011-0089, FMCSA-2014-0381, FMCSA-2014-
0382, FMCSA-2017-0253, FMCSA-2018-0057, FMCSA-2019-0028, or FMCSA-2019-
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 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 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 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.
---------------------------------------------------------------------------

    The 13 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

[[Page 37399]]

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 13 
applicants has satisfied the renewal conditions for obtaining an 
exemption from the epilepsy and seizure disorders prohibition. The 13 
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.
    As of July 12, 2021, and in accordance with 49 U.S.C. 31136(e) and 
31315(b), the following 13 individuals have satisfied the renewal 
conditions for obtaining an exemption from the epilepsy and seizure 
disorders prohibition in the FMCSRs for interstate CMV drivers:

Prince Austin, Jr. (OH)
Darcy Baker (OH)
Gary Bartels (SD)
Frank Cekovic (PA)
Monte DeRocini (PA)
Teddy Dixon (GA)
Jaime Dougherty (MN)
Martin Ford (WI)
David Johnston (HI)
Brent Mapes (IL)
Enrico Mucci (PA)
Charles Skelton (AL)
Kevin Wiggins (KY)

    The drivers were included in docket number FMCSA-2008-0355, FMCSA-
2011-0089, FMCSA-2014-0381, FMCSA-2014-0382, FMCSA-2017-0253, FMCSA-
2018-0057, FMCSA-2019-0028, or FMCSA-2019-0029. Their exemptions are 
applicable as of July 12, 2021 and will expire on July 12, 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 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 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 13 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. 2021-15052 Filed 7-14-21; 8:45 am]
BILLING CODE 4910-EX-P
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.