Qualification of Drivers; Exemption Applications; Epilepsy and Seizure Disorders, 41885-41886 [2021-16528]

Download as PDF Federal Register / Vol. 86, No. 146 / Tuesday, August 3, 2021 / Notices Jeffrey Douglass (ME) Phillip Halfman (WI) Christopher Nonnenkamp (MO) In accordance with 49 U.S.C. 31315(b), each exemption will be valid for 2 years from the effective date unless revoked earlier by FMCSA. The exemption will be revoked if the following occurs: (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 prior to being 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). Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2021–16527 Filed 8–2–21; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA–2008–0355; FMCSA– 2010–0203; FMCSA–2015–0115; FMCSA– 2015–0323; FMCSA–2016–0313; FMCSA– 2016–0315; FMCSA–2018–0056; FMCSA– 2018–0057; FMCSA–2019–0027; FMCSA– 2019–0029] Qualification of Drivers; Exemption Applications; Epilepsy and Seizure Disorders Federal Motor Carrier Safety Administration (FMCSA), Department of Transportation (DOT). ACTION: Notice of final disposition. 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 provided below. jbell on DSKJLSW7X2PROD with NOTICES SUMMARY: Ms. Christine A. Hydock, Chief, Medical Programs Division, (202) 366–4001, fmcsamedical@dot.gov, FMCSA, DOT, FOR FURTHER INFORMATION CONTACT: VerDate Sep<11>2014 17:21 Aug 02, 2021 Jkt 253001 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. Viewing Comments To view comments go to www.regulations.gov. Insert the docket number, FMCSA–2008–0355, FMCSA– 2010–0203, FMCSA–2015–0115, FMCSA–2015–0323, FMCSA–2016– 0313, FMCSA–2016–0315, FMCSA– 2018–0056, FMCSA–2018–0057, FMCSA–2019–0027, 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. B. 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 On June 9, 2021, FMCSA published a notice announcing its decision to renew exemptions for 11 individuals from the epilepsy and seizure disorders prohibition in 49 CFR 391.41(b)(8) to operate a CMV in interstate commerce and requested comments from the public (86 FR 30675). The public comment period ended on July 9, 2021, and no comments were received. FMCSA has evaluated the eligibility of these applicants and determined that renewing these exemptions would achieve a level of safety equivalent to, or greater than, the level that would be achieved by complying with § 391.41(b)(8). PO 00000 Frm 00075 Fmt 4703 Sfmt 4703 41885 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. 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. III. Discussion of Comments FMCSA received no comments in this preceding. IV. Conclusion Based on its evaluation of the 11 renewal exemption applications, FMCSA announces its decision to exempt the following 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), the following groups of drivers received renewed exemptions in the month of June and are discussed below. As of June 10, 2021, and in accordance with 49 U.S.C. 31136(e) and 31315(b), the following 10 individuals have satisfied the renewal conditions for obtaining an exemption from the epilepsy and seizure disorders prohibition in the FMCSRs for interstate CMV drivers (86 FR 30675): John D. Archer (MO) Brian Brown (PA) Richard Conway Jr. (MO) Daniel Gast (KS) Stephen Harmon (WV) Denton Hineline (WA) Steve Hunsaker (ID) Bryan R. Jones (PA) Jason Lewis (CA) Elvin Paul Morgan (CA) The drivers were included in docket number FMCSA–2008–0355, FMCSA– 2010–0203, FMCSA–2015–0115, FMCSA–2015–0323, FMCSA–2016– 0313, FMCSA–2016–0315, FMCSA– 2018–0056, FMCSA–2018–0057, or FMCSA–2019–0027. Their exemptions were applicable as of June 10, 2021 and will expire on June 10, 2023. As of June 18, 2021, and in accordance with 49 U.S.C. 31136(e) and 31315(b), Alan Finlayson (AL) has satisfied the renewal conditions for obtaining an exemption from the 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\03AUN1.SGM 03AUN1 41886 Federal Register / Vol. 86, No. 146 / Tuesday, August 3, 2021 / Notices epilepsy and seizure disorders prohibition in the FMCSRs for interstate CMV drivers. This driver was included in docket number FMCSA–2019–0029. The exemption was applicable as of June 18, 2021 and will expire on June 18, 2023. In accordance with 49 U.S.C. 31315(b), each exemption will be valid for 2 years from the effective date unless revoked earlier by FMCSA. The exemption will be revoked if the following occurs: (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 prior to being 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). Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2021–16528 Filed 8–2–21; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA–2013–0123; FMCSA– 2013–0124; FMCSA–2013–0125; FMCSA– 2014–0102; FMCSA–2014–0104; FMCSA– 2014–0106; FMCSA–2014–0107; FMCSA– 2014–0383; FMCSA–2015–0326; FMCSA– 2017–0058; FMCSA–2018–0137; FMCSA– 2018–0138] Federal Motor Carrier Safety Administration (FMCSA), Department of Transportation (DOT). ACTION: Notice of final disposition. AGENCY: FMCSA announces its decision to renew exemptions for 28 individuals from the hearing requirement in the Federal Motor Carrier Safety Regulations (FMCSRs) for interstate commercial motor vehicle (CMV) drivers. The exemptions enable these hard of hearing and deaf individuals to continue to operate CMVs in interstate commerce. DATES: The exemptions were applicable on June 17, 2021. The exemptions expire on June 17, 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 jbell on DSKJLSW7X2PROD with NOTICES VerDate Sep<11>2014 17:21 Aug 02, 2021 Jkt 253001 I. Public Participation A. Viewing Comments To view comments go to www.regulations.gov. Insert the docket number, FMCSA–2013–0123, FMCSA– 2013–0124, FMCSA–2013–0125, FMCSA–2014–0102, FMCSA–2014– 0104, FMCSA–2014–0106, FMCSA– 2014–0107, FMCSA–2014–0383, FMCSA–2015–0326, FMCSA–2017– 0058, FMCSA–2018–0137, or FMCSA– 2018–0138 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. B. Privacy Act Qualification of Drivers; Exemption Applications; Hearing SUMMARY: questions regarding viewing or submitting material to the docket, contact Dockets Operations, (202) 366– 9826. SUPPLEMENTARY INFORMATION: 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 On June 17, 2021, FMCSA published a notice announcing its decision to renew exemptions for 28 individuals from the hearing standard in 49 CFR 391.41(b)(11) to operate a CMV in interstate commerce and requested comments from the public (86 FR 32308). The public comment period ended on July 19, 2021, and no comments were received. FMCSA has evaluated the eligibility of these applicants and determined that renewing these exemptions would achieve a level of safety equivalent to, or greater than, the level that would be achieved by complying with § 391.41(b)(11). The physical qualification standard for drivers regarding hearing found in § 391.41(b)(11) states that a person is physically qualified to drive a CMV if PO 00000 Frm 00076 Fmt 4703 Sfmt 4703 that person first perceives a forced whispered voice in the better ear at not less than 5 feet with or without the use of a hearing aid or, if tested by use of an audiometric device, does not have an average hearing loss in the better ear greater than 40 decibels at 500 Hz, 1,000 Hz, and 2,000 Hz with or without a hearing aid when the audiometric device is calibrated to American National Standard (formerly ASA Standard) Z24.5—1951. This standard was adopted in 1970 and was revised in 1971 to allow drivers to be qualified under this standard while wearing a hearing aid, 35 FR 6458, 6463 (April 22, 1970) and 36 FR 12857 (July 3, 1971). III. Discussion of Comments FMCSA received no comments in this proceeding. IV. Conclusion Based upon its evaluation of the 28 renewal exemption applications, FMCSA announces its decision to exempt the following drivers from the hearing requirement in § 391.41 (b)(11). As of June 17, 2021, and in accordance with 49 U.S.C. 31136(e) and 31315(b), the following 28 individuals have satisfied the renewal conditions for obtaining an exemption from the hearing requirement in the FMCSRs for interstate CMV drivers (86 FR 32308): Selwyn Abrahamson (MN) Kevin Ballard (TX) Robert M. Benner (OH) Courtney Bertling (OR) Tonya Bland (PA) Conley Bowling (KY) Shawn Carico (TN) Thomas M. Carr (PA) Jason M. Clark (MO) Herbert Crowe (MO) Byron Davis (TX) Mark Dickson (TX) Jacob Gadreault (MA) Timothy Gallagher (PA) David Garland (ME) Lane Grover (IN) Gregory Hill (MS) Thomas Lipyanic (FL) Billie Jo Martinez (TX) Jonathan A. Muhm (CA) Charles Pitt (AL) David Shores (NC) Sandy Sloat (TX) Kirk Soneson (OH) James Thomason (MO) Ramarr Wadley (PA) Jeffrey Webber (OK) Richard Whittaker (FL) The drivers were included in docket number FMCSA–2013–0123, FMCSA– 2013–0124, FMCSA–2013–0125, FMCSA–2014–0102, FMCSA–2014– E:\FR\FM\03AUN1.SGM 03AUN1

Agencies

[Federal Register Volume 86, Number 146 (Tuesday, August 3, 2021)]
[Notices]
[Pages 41885-41886]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-16528]


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

DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2008-0355; FMCSA-2010-0203; FMCSA-2015-0115; FMCSA-
2015-0323; FMCSA-2016-0313; FMCSA-2016-0315; FMCSA-2018-0056; FMCSA-
2018-0057; FMCSA-2019-0027; 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 final disposition.

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

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 provided 
below.

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. Viewing Comments

    To view comments go to www.regulations.gov. Insert the docket 
number, FMCSA-2008-0355, FMCSA-2010-0203, FMCSA-2015-0115, FMCSA-2015-
0323, FMCSA-2016-0313, FMCSA-2016-0315, FMCSA-2018-0056, FMCSA-2018-
0057, FMCSA-2019-0027, 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.

B. 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

    On June 9, 2021, FMCSA published a notice announcing its decision 
to renew exemptions for 11 individuals from the epilepsy and seizure 
disorders prohibition in 49 CFR 391.41(b)(8) to operate a CMV in 
interstate commerce and requested comments from the public (86 FR 
30675). The public comment period ended on July 9, 2021, and no 
comments were received.
    FMCSA has evaluated the eligibility of these applicants and 
determined that renewing these exemptions would achieve a level of 
safety equivalent to, or greater than, the level that would be achieved 
by complying with Sec.  391.41(b)(8).
    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 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.
---------------------------------------------------------------------------

III. Discussion of Comments

    FMCSA received no comments in this preceding.

IV. Conclusion

    Based on its evaluation of the 11 renewal exemption applications, 
FMCSA announces its decision to exempt the following 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), the following 
groups of drivers received renewed exemptions in the month of June and 
are discussed below. As of June 10, 2021, and in accordance with 49 
U.S.C. 31136(e) and 31315(b), the following 10 individuals have 
satisfied the renewal conditions for obtaining an exemption from the 
epilepsy and seizure disorders prohibition in the FMCSRs for interstate 
CMV drivers (86 FR 30675):

John D. Archer (MO)
Brian Brown (PA)
Richard Conway Jr. (MO)
Daniel Gast (KS)
Stephen Harmon (WV)
Denton Hineline (WA)
Steve Hunsaker (ID)
Bryan R. Jones (PA)
Jason Lewis (CA)
Elvin Paul Morgan (CA)

    The drivers were included in docket number FMCSA-2008-0355, FMCSA-
2010-0203, FMCSA-2015-0115, FMCSA-2015-0323, FMCSA-2016-0313, FMCSA-
2016-0315, FMCSA-2018-0056, FMCSA-2018-0057, or FMCSA-2019-0027. Their 
exemptions were applicable as of June 10, 2021 and will expire on June 
10, 2023.
    As of June 18, 2021, and in accordance with 49 U.S.C. 31136(e) and 
31315(b), Alan Finlayson (AL) has satisfied the renewal conditions for 
obtaining an exemption from the

[[Page 41886]]

epilepsy and seizure disorders prohibition in the FMCSRs for interstate 
CMV drivers.
    This driver was included in docket number FMCSA-2019-0029. The 
exemption was applicable as of June 18, 2021 and will expire on June 
18, 2023.
    In accordance with 49 U.S.C. 31315(b), each exemption will be valid 
for 2 years from the effective date unless revoked earlier by FMCSA. 
The exemption will be revoked if the following occurs: (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 
prior to being 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).

Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2021-16528 Filed 8-2-21; 8:45 am]
BILLING CODE 4910-EX-P
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.