Qualification of Drivers; Exemption Applications; Epilepsy and Seizure Disorders, 74211-74213 [2021-28307]

Download as PDF Federal Register / Vol. 86, No. 247 / Wednesday, December 29, 2021 / Notices mgd (30-day average) from Well 3 (Docket No. 20070305). 8. Project Sponsor and Facility: Walker Township Water Association, Inc., Walker Township, Centre County, Pa. Applications for renewal of groundwater withdrawals (30-day averages) of up to 0.432 mgd from Zion Well 2 and 0.320 mgd from Hecla Well 1 (Docket Nos. 19910302 and 19950906). khammond on DSKJM1Z7X2PROD with NOTICES Commission-Initiated Project Approval Modifications Bethel Township, Lebanon County, Pa. Applications for groundwater withdrawals (30-day averages) of up to 0.108 mgd from Well PW–1, 0.139 mgd from Well PW–2, and 0.179 mgd from Well PW–4. Authority: Pub. L. 91–575, 84 Stat. 1509 et seq., 18 CFR parts 806, 807, and 808. Dated: December 22, 2021. Jason E. Oyler, General Counsel and Secretary to the Commission. 1. Project Sponsor and Facility: Elkview Country Club, Greenfield and Fell Townships, Lackawanna County, Pa. Conforming the grandfathering amount with the forthcoming determination for a surface water withdrawal up to 0.144 mgd (30-day average) from Crystal Lake (Docket No. 20021002). [FR Doc. 2021–28227 Filed 12–28–21; 8:45 am] Projects Tabled [Docket No. FMCSA–2006–25854; FMCSA–2010–0203; FMCSA–2013–0106; FMCSA–2013–0107; FMCSA–2013–0108; FMCSA–2015–0117; FMCSA–2015–0119; FMCSA–2017–0178; FMCSA–2017–0181; FMCSA–2017–0251; FMCSA–2018–0052] 1. Project Sponsor and Facility: Artesian Water Company, Inc., New Garden Township, Chester County, Pa. Application for renewal of the transfer of water of up to 3.000 mgd (30-day average) from the Chester Water Authority (Docket No. 19961105). 2. Project Sponsor and Facility: Chester Water Authority, New Garden Township, Chester County, Pa. Applications for renewal of consumptive use and for an out-of-basin diversion of up to 3.000 mgd (30-day average) (Docket No. 19961104). 3. Project Sponsor and Facility: Deep Woods Lake LLC, Dennison Township, Luzerne County, Pa. Applications for groundwater withdrawal of up to 0.200 mgd (30-day average) from Well SW–5 and consumptive use of up to 0.467 mgd (peak day). 4. Project Sponsor and Facility: Municipal Authority of the Township of East Hempfield dba Hempfield Water Authority, East Hempfield Township, Lancaster County, Pa. Applications for renewal of groundwater withdrawals (30 day averages) of up to 0.353 mgd from Well 6, 0.145 mgd from Well 7, 1.447 mgd from Well 8, and 1.800 mgd from Well 11, and Commission-initiated modification to Docket No. 20120906, which approves withdrawals from Wells 1, 2, 3, 4, and 5 and Spring S–1 (Docket Nos. 19870306, 19890503, 19930101, and 20120906). 5. Project Sponsor: Farmers Pride, Inc. Project Facility: Bell & Evans Plant 3, VerDate Sep<11>2014 20:20 Dec 28, 2021 Jkt 256001 BILLING CODE 7040–01–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration Qualification of Drivers; Exemption Applications; Epilepsy and Seizure Disorders 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 14 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 stated in the discussions below. Comments must be received on or before January 28, 2022. SUMMARY: PO 00000 Frm 00149 Fmt 4703 Sfmt 4703 74211 You may submit comments identified by the Federal Docket Management System (FDMS) Docket No. FMCSA–2006–25854, Docket No.FMCSA–2010–0203, Docket No. FMCSA–2013–0106, Docket No. FMCSA–2013–0107, Docket No. FMCSA–2013–0108, Docket No. FMCSA–2015–0117, Docket No. FMCSA–2015–0119, Docket No. FMCSA–2017–0178, Docket No. FMCSA–2017–0181, Docket No. FMCSA–2017–0251, or Docket No. FMCSA–2018–0052 using any of the following methods: • Federal eRulemaking Portal: Go to www.regulations.gov/, insert the docket number, FMCSA–2006–25854, FMCSA– 2010–0203, FMCSA–2013–0106, FMCSA–2013–0107, FMCSA–2013– 0108, FMCSA–2015–0117, FMCSA– 2015–0119, FMCSA–2017–0178, FMCSA–2017–0181, FMCSA–2017– 0251, or FMCSA–2018–0052 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 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. ADDRESSES: 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. FOR FURTHER INFORMATION CONTACT: SUPPLEMENTARY INFORMATION: E:\FR\FM\29DEN1.SGM 29DEN1 74212 Federal Register / Vol. 86, No. 247 / Wednesday, December 29, 2021 / Notices I. Public Participation khammond on DSKJM1Z7X2PROD with NOTICES A. Submitting CommentsIf you submit a comment, please include the docket number for this notice (Docket No. FMCSA–2006–25854, Docket No. FMCSA–2010–0203, Docket No. FMCSA–2013–0106, Docket No. FMCSA–2013–0107, Docket No. FMCSA–2013–0108, Docket No. FMCSA–2015–0117, Docket No. FMCSA–2015–0119, Docket No. FMCSA–2017–0178, Docket No. FMCSA–2017–0181, Docket No. FMCSA–2017–0251, or Docket No. FMCSA–2018–0052), 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–2006–25854, FMCSA– 2010–0203, FMCSA–2013–0106, FMCSA–2013–0107, FMCSA–2013– 0108, FMCSA–2015–0117, FMCSA– 2015–0119, FMCSA–2017–0178, FMCSA–2017–0181, FMCSA–2017– 0251, or FMCSA–2018–0052 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–2006–25854, FMCSA– 2010–0203, FMCSA–2013–0106, FMCSA–2013–0107, FMCSA–2013– 0108, FMCSA–2015–0117, FMCSA– 2015–0119, FMCSA–2017–0178, FMCSA–2017–0181, FMCSA–2017– VerDate Sep<11>2014 20:20 Dec 28, 2021 Jkt 256001 0251, or FMCSA–2018–0052 in the keyword box, and click ‘‘Search.’’ Next, sort the results by ‘‘Posted (NewerOlder),’’ choose the first notice listed, and click ‘‘Browse Comments.’’ If you do not have access to the internet, you may view the docket online by visiting Dockets Operations in Room W12–140 on the ground floor of the DOT West Building, 1200 New Jersey Avenue SE, Washington, DC 20590–0001, between 9 a.m. and 5 p.m., ET, Monday through Friday, except Federal holidays. To be sure someone is there to help you, please call (202) 366–9317 or (202) 366– 9826 before visiting Dockets Operations. C. Privacy Act In accordance with 5 U.S.C. 553(c), DOT solicits comments from the public to better inform its 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(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. 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 00150 Fmt 4703 Sfmt 4703 The 14 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 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 14 applicants has satisfied the renewal conditions for obtaining an exemption from the epilepsy and seizure disorders prohibition. The 14 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. In accordance with 49 U.S.C. 31136(e) and 31315(b), the following groups of drivers received renewed exemptions in the month of December and are discussed below. As of December 16, 2021, and in accordance with 49 U.S.C. 31136(e) and 31315(b), the following 11 individuals have satisfied the renewal conditions for obtaining an exemption from the epilepsy and seizure disorders E:\FR\FM\29DEN1.SGM 29DEN1 Federal Register / Vol. 86, No. 247 / Wednesday, December 29, 2021 / Notices prohibition in the FMCSRs for interstate CMV drivers: Eric Barnwell (MI) Christopher Bird (OH) Gary Clark (KY) Todd Davis (WI) Scott DeJarnette (KY) Gary J. Gress (PA) Curtis Alan Hartman (MD) Wendell F. Headley (MO) Jason Kirkham (WI) Dannie Kuck (MT) Robert Spencer (FL) The drivers were included in docket number FMCSA–2010–0203, FMCSA– 2013–0106, FMCSA–2013–0107, FMCSA–2015–0117, FMCSA–2015– 0119, FMCSA–2017–0178, FMCSA– 2017–0181, FMCSA–2017–0251, or FMCSA–2018–0052. Their exemptions were applicable as of December 16, 2021 and will expire on December 16, 2023. As of December 23, 2021, and in accordance with 49 U.S.C. 31136(e) and 31315(b), the following three individuals have satisfied the renewal conditions for obtaining an exemption from the epilepsy and seizure disorders prohibition in the FMCSRs for interstate CMV drivers: Gary Freeman (WI); Aaron Gillette (SD); and David Kestner (VA) The drivers were included in docket number FMCSA–2006–25854 and FMCSA–2013–0108. Their exemptions are applicable as of December 23, 2021 and will expire on December 23, 2023. khammond on DSKJM1Z7X2PROD with NOTICES 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 20:20 Dec 28, 2021 Jkt 256001 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 14 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. 2021–28307 Filed 12–28–21; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA–2017–0058; FMCSA– 2018–0136; FMCSA–2018–0138; FMCSA– 2018–0139; FMCSA–2019–0109; FMCSA– 2019–0110] Qualification of Drivers; Exemption Applications; Hearing Federal Motor Carrier Safety Administration (FMCSA), Department of Transportation (DOT). ACTION: Notice of renewal of exemptions; request for comments. AGENCY: V. Conditions and Requirements VerDate Sep<11>2014 objectives of 49 U.S.C. 31136(e) and 31315(b). FMCSA announces its decision to renew exemptions for 23 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 are applicable on December 26, 2021. The exemptions expire on December 26, 2023. Comments must be received on or before January 28, 2022. ADDRESSES: You may submit comments identified by the Federal Docket Management System (FDMS) Docket No. FMCSA–2017–0058, Docket No. FMCSA–2018–0136, Docket No. FMCSA–2018–0138, Docket No. FMCSA–2018–0139, Docket No. FMCSA–2019–0109, or Docket No. FMCSA–2019–0110 using any of the following methods: SUMMARY: PO 00000 Frm 00151 Fmt 4703 Sfmt 4703 74213 • Federal eRulemaking Portal: Go to www.regulations.gov/, insert the docket number, FMCSA–2017–0058, FMCSA– 2018–0136, FMCSA–2018–0138, FMCSA–2018–0139, FMCSA–2019– 0109, or FMCSA–2019–0110 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, 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–2017–0058, Docket No. FMCSA–2018–0136, Docket No. FMCSA–2018–0138, Docket No. FMCSA–2018–0139, Docket No. FMCSA–2019–0109, or Docket No. FMCSA–2019–0110), 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. E:\FR\FM\29DEN1.SGM 29DEN1

Agencies

[Federal Register Volume 86, Number 247 (Wednesday, December 29, 2021)]
[Notices]
[Pages 74211-74213]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-28307]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2006-25854; FMCSA-2010-0203; FMCSA-2013-0106; FMCSA-
2013-0107; FMCSA-2013-0108; FMCSA-2015-0117; FMCSA-2015-0119; FMCSA-
2017-0178; FMCSA-2017-0181; FMCSA-2017-0251; FMCSA-2018-0052]


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 14 
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 stated in 
the discussions below. Comments must be received on or before January 
28, 2022.

ADDRESSES: You may submit comments identified by the Federal Docket 
Management System (FDMS) Docket No. FMCSA-2006-25854, Docket No.FMCSA-
2010-0203, Docket No. FMCSA-2013-0106, Docket No. FMCSA-2013-0107, 
Docket No. FMCSA-2013-0108, Docket No. FMCSA-2015-0117, Docket No. 
FMCSA-2015-0119, Docket No. FMCSA-2017-0178, Docket No. FMCSA-2017-
0181, Docket No. FMCSA-2017-0251, or Docket No. FMCSA-2018-0052 using 
any of the following methods:
     Federal eRulemaking Portal: Go to www.regulations.gov/, 
insert the docket number, FMCSA-2006-25854, FMCSA-2010-0203, FMCSA-
2013-0106, FMCSA-2013-0107, FMCSA-2013-0108, FMCSA-2015-0117, FMCSA-
2015-0119, FMCSA-2017-0178, FMCSA-2017-0181, FMCSA-2017-0251, or FMCSA-
2018-0052 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:

[[Page 74212]]

I. Public Participation

A. Submitting CommentsIf you submit a comment, please include the 
docket number for this notice (Docket No. FMCSA-2006-25854, Docket No. 
FMCSA-2010-0203, Docket No. FMCSA-2013-0106, Docket No. FMCSA-2013-
0107, Docket No. FMCSA-2013-0108, Docket No. FMCSA-2015-0117, Docket 
No. FMCSA-2015-0119, Docket No. FMCSA-2017-0178, Docket No. FMCSA-2017-
0181, Docket No. FMCSA-2017-0251, or Docket No. FMCSA-2018-0052), 
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-2006-25854, FMCSA-2010-0203, FMCSA-2013-0106, 
FMCSA-2013-0107, FMCSA-2013-0108, FMCSA-2015-0117, FMCSA-2015-0119, 
FMCSA-2017-0178, FMCSA-2017-0181, FMCSA-2017-0251, or FMCSA-2018-0052 
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-2006-25854, FMCSA-2010-0203, FMCSA-2013-0106, FMCSA-2013-
0107, FMCSA-2013-0108, FMCSA-2015-0117, FMCSA-2015-0119, FMCSA-2017-
0178, FMCSA-2017-0181, FMCSA-2017-0251, or FMCSA-2018-0052 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 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(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 14 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 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 14 
applicants has satisfied the renewal conditions for obtaining an 
exemption from the epilepsy and seizure disorders prohibition. The 14 
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.
    In accordance with 49 U.S.C. 31136(e) and 31315(b), the following 
groups of drivers received renewed exemptions in the month of December 
and are discussed below.
    As of December 16, 2021, and in accordance with 49 U.S.C. 31136(e) 
and 31315(b), the following 11 individuals have satisfied the renewal 
conditions for obtaining an exemption from the epilepsy and seizure 
disorders

[[Page 74213]]

prohibition in the FMCSRs for interstate CMV drivers:

Eric Barnwell (MI)
Christopher Bird (OH)
Gary Clark (KY)
Todd Davis (WI)
Scott DeJarnette (KY)
Gary J. Gress (PA)
Curtis Alan Hartman (MD)
Wendell F. Headley (MO)
Jason Kirkham (WI)
Dannie Kuck (MT)
Robert Spencer (FL)

    The drivers were included in docket number FMCSA-2010-0203, FMCSA-
2013-0106, FMCSA-2013-0107, FMCSA-2015-0117, FMCSA-2015-0119, FMCSA-
2017-0178, FMCSA-2017-0181, FMCSA-2017-0251, or FMCSA-2018-0052. Their 
exemptions were applicable as of December 16, 2021 and will expire on 
December 16, 2023.
    As of December 23, 2021, and in accordance with 49 U.S.C. 31136(e) 
and 31315(b), the following three individuals have satisfied the 
renewal conditions for obtaining an exemption from the epilepsy and 
seizure disorders prohibition in the FMCSRs for interstate CMV drivers:
    Gary Freeman (WI); Aaron Gillette (SD); and David Kestner (VA)
    The drivers were included in docket number FMCSA-2006-25854 and 
FMCSA-2013-0108. Their exemptions are applicable as of December 23, 
2021 and will expire on December 23, 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 14 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. 2021-28307 Filed 12-28-21; 8:45 am]
BILLING CODE 4910-EX-P
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