Qualification of Drivers; Exemption Applications; Narcolepsy, 71537-71538 [2021-27222]

Download as PDF Federal Register / Vol. 86, No. 239 / Thursday, December 16, 2021 / Notices khammond on DSKJM1Z7X2PROD with NOTICES effort; and (d) ways that the burden could be minimized without reducing the quality of the collected information. The agency will summarize and/or include your comments in the request for OMB’s clearance of this information collection effort. OMB Control Number: 2120–XXXX. Title: Computerized Neurocognitive Tests for Aeromedical Safety. Form Numbers: List all forms. Type of Review: New information collection. Background: The FAA’s mission and vision is to provide the safest, most efficient aerospace system in the world as new users and technologies integrate into the system. Computerized neurocognitive tests are a non-invasive way to measure cognitive function (e.g., attention, working memory, information processing speed, reaction time). Neurocognitive tests are used as part of the FAA’s overall aeromedical physical exam process to determine if a pilot is safe to operate an aircraft within the NAS and if an ATCS is safe to return to duty. Neurocognitive tests are required only for pilots and ATCSs with certain medical conditions associated with aeromedically significant cognitive impairments (i.e., not all pilots and ATCSs are tested). The FAA needs to ensure that the tests and data used to maintain the safety of the NAS based on the most current scientific knowledge. The purpose of this IC effort is to obtain updated pilot and ATCS normative data for the current test and alternative neurocognitive tests under consideration. The IC effort will be used to potentially revise the FAA’s AME Guide, update clinical practices, and assure aeromedical safety. Respondents: 1,500 respondents. Frequency: One-time collection. Estimated Average Burden per Response: 4-hours burden per respondent-response. Estimated Total Annual Burden: 6,000 hours, total burden. Issued in Oklahoma City, Oklahoma, on December 10, 2021. Susan M. Jay, Aviation Safety, Research Physiologist, Civil Aerospace Medical Institute (CAMI), Federal Aviation Administration. [FR Doc. 2021–27186 Filed 12–15–21; 8:45 am] BILLING CODE 4910–13–P VerDate Sep<11>2014 16:54 Dec 15, 2021 Jkt 256001 DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA–2021–0182] Qualification of Drivers; Exemption Applications; Narcolepsy Federal Motor Carrier Safety Administration (FMCSA), Department of Transportation (DOT). ACTION: Notice of application for exemption; request for comments. AGENCY: FMCSA announces receipt of an application from one individual for an exemption from the prohibition in the Federal Motor Carrier Safety Regulations (FMCSRs) against operation of a commercial motor vehicle (CMV) in interstate commerce by persons with either 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 CMV. If granted, the exemption would enable this individual who has been diagnosed with narcolepsy and is receiving medical treatment to operate CMVs in interstate commerce. DATES: Comments must be received on or before January 18, 2022. ADDRESSES: You may submit comments identified by the Federal Docket Management System (FDMS) Docket ID FMCSA–2021–0182 using any of the following methods: • Federal eRulemaking Portal: Go to www.regulations.gov/, insert the docket number, FMCSA–2021–0182, 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 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, fmcsamedical@dot.gov, FMCSA, DOT, SUMMARY: PO 00000 Frm 00121 Fmt 4703 Sfmt 4703 71537 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–2021–0182), 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–2021–0182 in the keyword box, and click ‘‘Search.’’ Next, sort the results by ‘‘Posted (NewerOlder),’’ 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–2021–0182, 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, E:\FR\FM\16DEN1.SGM 16DEN1 71538 Federal Register / Vol. 86, No. 239 / Thursday, December 16, 2021 / Notices 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 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, FMCSA may grant an exemption from the FMCSRs for 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 five-year period. FMCSA grants exemptions from the FMCSRs for a 2year period to align with the maximum duration of a driver’s medical certification. The individual listed in this notice has requested an exemption from 49 CFR 391.41(b)(8). Accordingly, the Agency will evaluate the qualifications of the applicant to determine whether granting the exemption will achieve the required level of safety mandated by statute. The physical qualification standard for drivers 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 loss of consciousness or any loss of ability to control a commercial motor vehicle. 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. [49 CFR part 391, APPENDIX A TO PART 391—MEDICAL ADVISORY CRITERIA, section H. Epilepsy: § 391.41(b)(8), paragraphs 3, 4, and 5.] The advisory 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. The advisory criteria also state that a variety of functional disorders can cause drowsiness, dizziness, confusion, weakness, or paralysis that may lead to incoordination, inattention, loss of functional control, and susceptibility to accidents while driving. In those individual cases where a driver 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 fully recovered from that condition, has no existing residual complications, and is not taking anti-seizure medication. 16:54 Dec 15, 2021 Jkt 256001 Federal Motor Carrier Safety Administration [Docket No. FMCSA–2020–0130] Registration and Financial Security Requirements for Brokers of Property and Freight Forwarders; Small Business in Transportation Coalition (SBTC) Exemption Application Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice of final disposition; denial of application for exemption. AGENCY: Ms. Bennett is a CMV driver in Tennessee. Ms. Bennett self-reports that she was diagnosed with narcolepsy in early 2005, and started a treatment plan immediately. A letter dated October 12, 2021, from Ms. Bennett’s sleep medicine provider reports that she is under care for treatment of narcolepsy with stimulants, and that she reports her daytime sleepiness is well-controlled on current medication. FMCSA denies an application from the Small Business in Transportation Coalition (SBTC) seeking reconsideration of the Agency’s March 31, 2015 denial of the Association of Independent Property Brokers and Agents’ (AIPBA) application for an exemption from the $75,000 bond requirement for all property brokers and freight forwarders. FMCSA treats the SBTC request as a new exemption application. After reviewing SBTC’s application and the public comments, the Agency has concluded that the exemption request should be denied because it does not meet the statutory factors for an exemption. DATES: FMCSA denies this application for exemption effective December 16, 2021. FOR FURTHER INFORMATION CONTACT: Mr. Larry W. Minor, Associate Administrator for Policy, FMCSA; Telephone: (202) 366–4012; Email: MCPSD@dot.gov. If you have questions on viewing or submitting material to the docket, contact Dockets Operations, telephone (202) 366–9826. SUPPLEMENTARY INFORMATION: IV. Request for Comments I. Public Participation In accordance with 49 U.S.C. 31136(e) and 31315, FMCSA requests public comment from all interested persons on the exemption petition described in this notice. We will consider all comments received before the close of business on the closing date indicated in the DATES section of the notice. Viewing Comments and Documents To view comments, go to www.regulations.gov, insert the docket number ‘‘FMCSA–2020–0130’’ in the keyword box, and click ‘‘Search.’’ Next, sort the results by ‘‘Posted (NewerOlder),’’ choose the first notice listed, click ‘‘Browse Comments.’’ To view documents mentioned in this notice as being available in the docket, go to www.regulations.gov, insert the docket number ‘‘FMCSA–2020–0130’’ in the keyword box, click ‘‘Search,’’ and choose the document to review. If you do not have access to the internet, you may view the docket online by visiting Dockets Operations in Room W12–140 on the ground floor of the DOT West Building, 1200 New Jersey Avenue SE, Washington, DC III. Qualifications of Applicant Sheila Bennett Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2021–27222 Filed 12–15–21; 8:45 am] BILLING CODE 4910–EX–P 1 See https://www.ecfr.gov/cgi-bin/text-idx?SID= e47b48a9ea42dd67d999246e23d97970&mc= true&node=pt49.5.391&rgn=div5#ap49.5.391_171.a and https://www.gpo.gov/fdsys/pkg/CFR-2015title49-vol5/pdf/CFR-2015-title49-vol5-part391appA.pdf. VerDate Sep<11>2014 DEPARTMENT OF TRANSPORTATION PO 00000 Frm 00122 Fmt 4703 Sfmt 4703 SUMMARY: E:\FR\FM\16DEN1.SGM 16DEN1

Agencies

[Federal Register Volume 86, Number 239 (Thursday, December 16, 2021)]
[Notices]
[Pages 71537-71538]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-27222]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2021-0182]


Qualification of Drivers; Exemption Applications; Narcolepsy

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

ACTION: Notice of application for exemption; request for comments.

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

SUMMARY: FMCSA announces receipt of an application from one individual 
for an exemption from the prohibition in the Federal Motor Carrier 
Safety Regulations (FMCSRs) against operation of a commercial motor 
vehicle (CMV) in interstate commerce by persons with either 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 CMV. If 
granted, the exemption would enable this individual who has been 
diagnosed with narcolepsy and is receiving medical treatment to operate 
CMVs in interstate commerce.

DATES: Comments must be received on or before January 18, 2022.

ADDRESSES: You may submit comments identified by the Federal Docket 
Management System (FDMS) Docket ID FMCSA-2021-0182 using any of the 
following methods:
     Federal eRulemaking Portal: Go to www.regulations.gov/, 
insert the docket number, FMCSA-2021-0182, 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, 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-2021-0182), 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-2021-0182 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-2021-0182, 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,

[[Page 71538]]

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 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

    Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption 
from the FMCSRs for 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 
five-year period. FMCSA grants exemptions from the FMCSRs for a 2-year 
period to align with the maximum duration of a driver's medical 
certification.
    The individual listed in this notice has requested an exemption 
from 49 CFR 391.41(b)(8). Accordingly, the Agency will evaluate the 
qualifications of the applicant to determine whether granting the 
exemption will achieve the required level of safety mandated by 
statute.
    The physical qualification standard for drivers 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 
loss of consciousness or any loss of ability to control a commercial 
motor vehicle.
    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. [49 CFR part 391, APPENDIX A TO PART 391--
MEDICAL ADVISORY CRITERIA, section H. Epilepsy: Sec.  391.41(b)(8), 
paragraphs 3, 4, and 5.]
---------------------------------------------------------------------------

    \1\ See https://www.ecfr.gov/cgi-bin/text-idx?SID=e47b48a9ea42dd67d999246e23d97970&mc=true&node=pt49.5.391&rgn=div5#ap49.5.391_171.a and https://www.gpo.gov/fdsys/pkg/CFR-2015-title49-vol5/pdf/CFR-2015-title49-vol5-part391-appA.pdf.
---------------------------------------------------------------------------

    The advisory 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. 
The advisory criteria also state that a variety of functional disorders 
can cause drowsiness, dizziness, confusion, weakness, or paralysis that 
may lead to incoordination, inattention, loss of functional control, 
and susceptibility to accidents while driving.
    In those individual cases where a driver 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 fully recovered from that 
condition, has no existing residual complications, and is not taking 
anti-seizure medication.

III. Qualifications of Applicant

Sheila Bennett

    Ms. Bennett is a CMV driver in Tennessee. Ms. Bennett self-reports 
that she was diagnosed with narcolepsy in early 2005, and started a 
treatment plan immediately. A letter dated October 12, 2021, from Ms. 
Bennett's sleep medicine provider reports that she is under care for 
treatment of narcolepsy with stimulants, and that she reports her 
daytime sleepiness is well-controlled on current medication.

IV. Request for Comments

    In accordance with 49 U.S.C. 31136(e) and 31315, FMCSA requests 
public comment from all interested persons on the exemption petition 
described in this notice. We will consider all comments received before 
the close of business on the closing date indicated in the DATES 
section of the notice.

Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2021-27222 Filed 12-15-21; 8:45 am]
BILLING CODE 4910-EX-P