Qualification of Drivers; Exemption Applications; Epilepsy and Seizure Disorders, 48797-48798 [2021-18780]

Download as PDF Federal Register / Vol. 86, No. 166 / Tuesday, August 31, 2021 / Notices C. Privacy Act In accordance with 5 U.S.C. 553(c), DOT solicits comments from the public to better inform its regulatory process. DOT posts these comments, without edit, including any personal information the commenter provides, to www.regulations.gov, as described in the system of records notice (DOT/ALL– 14 FDMS), which can be reviewed at www.transportation.gov/privacy. khammond on DSKJM1Z7X2PROD 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 25 individuals listed in this notice have requested an exemption from the hearing requirement in 49 CFR 391.41(b)(11). 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 hearing found in § 391.41(b)(11) states that a person is physically qualified to drive a CMV if 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). On February 1, 2013, FMCSA announced in a Notice of Final Disposition titled, ‘‘Qualification of Drivers; Application for Exemptions; National Association of the Deaf,’’ (78 FR 7479), its decision to grant requests from 40 individuals for exemptions from the Agency’s physical qualification standard concerning hearing for interstate CMV drivers. Since that time VerDate Sep<11>2014 20:08 Aug 30, 2021 Jkt 253001 the Agency has published additional notices granting requests from hard of hearing and deaf individuals for exemptions from the Agency’s physical qualification standard concerning hearing for interstate CMV drivers. 48797 Beau Robinson Mr. Robinson, 39, holds a class C license in Texas. III. Qualifications of Applicants Jose Rosales Mr. Rosales, 44, holds a class C license in Maryland. Judith Badore Ms. Badore, 78, holds a class B license in Vermont. Christopher Shaw Mr. Shaw, 31, holds a class C license in Maryland. Eric Bastian Mr. Bastian, 37, holds a class B license in New York. Harmeet Singh Mr. Singh, 28, holds a class C license in California. Michael Camacho-Luna Mr. Camacho-Luna, 41, holds a class D license in Virginia. William Smitley Mr. Smitley, 37, holds a class AM CDL in California. Kevin Clickner Mr. Clickner, 56, holds a CDL in Michigan. Kyle Voss Mr. Voss, 31, holds a class C license in Texas. Tiffany Davis Ms. Davis, 29, holds a class E license in Florida. Jonathon DeBoer Mr. DeBoer, 40, holds a class C license in California. Michael Garman Mr. Garman, 29, holds an operator’s license in Indiana. Dareous Glover Mr. Glover, 23, holds a class D license in Illinois. Delroy Hunt Mr. Hunt, 35, holds a class E license in Florida. Andrew Jones Mr. Jones, 40, holds a CDL in Iowa. Lawrence Mills Mr. Mills, 56, holds a class D license in Ohio. Deborah Wagner Ms. Wagner, 44, holds a class C license in Pennsylvania. Donald Weyand Mr. Weyand, 33, holds a class C license in Michigan. Steven Woods Mr. Woods, 33, holds a class D license in Tennessee. 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. 2021–18779 Filed 8–30–21; 8:45 am] BILLING CODE 4910–EX–P John Norman Mr. Norman, 52, holds a class A CDL in Illinois. Destin Overstreet Mr. Overstreet, 25, holds a class D license in Utah. Damiere Phillips Mr. Phillips, 28, holds a class C license in Pennsylvania. Stuart Randles Mr. Randles, 56, holds a class E license in Florida. David Ritter Mr. Ritter, 65, holds a class A license in Washington. PO 00000 Frm 00139 Fmt 4703 Sfmt 4703 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 Federal Motor Carrier Safety Administration (FMCSA), Department of Transportation (DOT). ACTION: Notice of final disposition. AGENCY: E:\FR\FM\31AUN1.SGM 31AUN1 48798 Federal Register / Vol. 86, No. 166 / Tuesday, August 31, 2021 / Notices 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. DATES: The exemptions were applicable on July 12, 2021. The exemptions expire on July 12, 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: SUMMARY: I. Public Participation khammond on DSKJM1Z7X2PROD with NOTICES A. 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. B. Privacy Act In accordance with 5 U.S.C. 553(c), DOT solicits comments from the public to better inform its regulatory process. DOT posts these comments, without edit, including any personal information the commenter provides, to www.regulations.gov, as described in VerDate Sep<11>2014 20:08 Aug 30, 2021 Jkt 253001 the system of records notice (DOT/ALL– 14 FDMS), which can be reviewed at www.transportation.gov/privacy. II. Background On July 15, 2021, FMCSA published a notice announcing its decision to renew exemptions for 13 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 37397). The public comment period ended on August 16, 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). 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 13 renewal exemption applications, FMCSA announces its decision to exempt the following drivers from the epilepsy and seizure disorders prohibition in § 391.41(b)(8). 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 (86 FR 37397): Prince Austin, Jr. (OH) Darcy Baker (OH) Gary Bartels (SD) Frank Cekovic (PA) Monte DeRocini (PA) Teddy Dixon (GA) 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. PO 00000 Frm 00140 Fmt 4703 Sfmt 4703 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 were applicable as of July 12, 2021 and will expire on July 12, 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. 2021–18780 Filed 8–30–21; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION Federal Railroad Administration Notice of Funding Opportunity for Consolidated Rail Infrastructure and Safety Improvements Federal Railroad Administration (FRA), Department of Transportation (DOT). ACTION: Notice of Funding Opportunity (NOFO or notice). AGENCY: This notice details the application requirements and procedures to obtain grant funding for eligible projects under the Consolidated Rail Infrastructure and Safety Improvements (CRISI) Program, and related Trespass Prevention projects. The opportunities described in this notice are made available under Assistance Listings Number 20.325, ‘‘Consolidated Rail Infrastructure and Safety Improvements.’’ DATES: Applications for funding under this solicitation are due no later than 5:00 p.m. ET, November 29, 2021. Applications that are incomplete or received after 5:00 p.m. ET on November 29, 2021 will not be considered for funding. See Section D of SUMMARY: E:\FR\FM\31AUN1.SGM 31AUN1

Agencies

[Federal Register Volume 86, Number 166 (Tuesday, August 31, 2021)]
[Notices]
[Pages 48797-48798]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-18780]


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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 final disposition.

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

[[Page 48798]]

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.

DATES: The exemptions were applicable on July 12, 2021. The exemptions 
expire on July 12, 2023.

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-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.

B. Privacy Act

    In accordance with 5 U.S.C. 553(c), DOT solicits comments from the 
public to better inform its regulatory process. DOT posts these 
comments, without edit, including any personal information the 
commenter provides, to www.regulations.gov, as described in the system 
of records notice (DOT/ALL-14 FDMS), which can be reviewed at 
www.transportation.gov/privacy.

II. Background

    On July 15, 2021, FMCSA published a notice announcing its decision 
to renew exemptions for 13 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 
37397). The public comment period ended on August 16, 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 13 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).
    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 (86 FR 
37397):

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 
were applicable as of July 12, 2021 and will expire on July 12, 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. 2021-18780 Filed 8-30-21; 8:45 am]
BILLING CODE 4910-EX-P

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