Federal Register / Vol. 85, No. 249 / Tuesday, December 29, 2020 / Notices 85847 

1These 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. 

www.faa.gov/air_traffic/nas/nynjphl_

redesign/documentation/. 

This Notice of Availability of the 

December 2020 WR/ROD also serves as 

the response to Section 560 of the FAA 

Reauthorization Act of 2018, which 

imposed the following requirement: 

Not later than 90 days after the date 

of enactment of this Act, the 

Administrator shall develop and 

publish in the Federal Register a work 

plan for the New York/New Jersey/ 

Philadelphia Metropolitan Area 

Airspace Project. 

As discussed above, work on the NY/ 

NJ/PHL Metropolitan Area Airspace 

Redesign project was suspended in May 

2013, and the FAA has determined it is 

appropriate to end implementation. 

There is no work plan for the project 

beyond the preparation of the December 

2020 WR/ROD and this Notice. 

Issued in Atlanta, Georgia, on December 

22, 2020. 

Ryan W. Almasy, 

Director (Acting), Eastern Service Center, 

Mission Support Services, Air Traffic 

Organization, Federal Aviation 

Administration. 

[FR Doc. 2020–28745 Filed 12–28–20; 8:45 am] 

BILLING CODE P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[FMCSA Docket No. FMCSA–2020–0051] 

Qualification of Drivers; Exemption 

Applications; Epilepsy and Seizure 

Disorders 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), DOT. 

ACTION: Notice of final disposition. 

SUMMARY: FMCSA announces its 

decision to exempt five individuals 

from the requirement in the Federal 

Motor Carrier Safety Regulations 

(FMCSRs) that interstate commercial 

motor vehicle (CMV) drivers have ‘‘no 

established medical history or clinical 

diagnosis of epilepsy or any other 

condition which is likely to cause loss 

of consciousness or any loss of ability to 

control a CMV.’’ The exemptions enable 

these individuals who have had one or 

more seizures and are taking antiseizure medication to operate CMVs in 

interstate commerce. 

DATES: The exemptions were applicable 

on November 27, 2020. The exemptions 

expire on November 27, 2022. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Christine A. Hydock, Chief, Medical 

Programs Division, (202) 366–4001, 

fmcsamedical@dot.gov, FMCSA, 

Department of Transportation, 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 Documents and Comments 

To view comments, as well as any 

documents mentioned in this notice as 

being available in the docket, go to 

http://www.regulations.gov/ 

docket?D=FMCSA-2020-0051 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 20590–0001, between 9 

a.m. and 5 p.m., ET, Monday through 

Friday, except Federal holidays. 

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 October 28, 2020, FMCSA 

published a notice announcing receipt 

of applications from five individuals 

requesting an exemption from the 

epilepsy and seizure disorders 

prohibition in 49 CFR 391.41(b)(8) and 

requested comments from the public (85 

FR 68407). The public comment period 

ended on November 27, 2020, and 10 

comments were received. 

FMCSA has evaluated the eligibility 

of these applicants and determined that 

granting exemptions to these 

individuals 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 (MEs) in 

determining whether drivers with 

certain medical conditions are qualified 

to operate a CMV in interstate 

commerce. 

III. Discussion of Comments 

FMCSA received 10 comments in this 

proceeding. Of the 10 comments 

received, nine were in support of the 

exemptions and one was outside the 

scope of this notice. 

IV. Basis for Exemption Determination 

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 Agency’s decision regarding these 

exemption applications is based on the 

2007 recommendations of the Agency’s 

Medical Expert Panel. The Agency 

conducted an individualized assessment 

of each applicant’s medical information, 

including the root cause of the 

respective seizure(s) and medical 

information about the applicant’s 

seizure history, the length of time that 

has elapsed since the individual’s last 

seizure, the stability of each individual’s 

treatment regimen and the duration of 

time on or off of anti-seizure 

medication. In addition, the Agency 

reviewed the treating clinician’s 

medical opinion related to the ability of 

the driver to safely operate a CMV with 

a history of seizure and each applicant’s 

driving record found in the Commercial 

Driver’s License Information System for 

commercial driver’s license (CDL) 

holders, and interstate and intrastate 

inspections recorded in the Motor 

Carrier Management Information 

System. For non-CDL holders, the 

Agency reviewed the driving records 

from the State Driver’s Licensing 

Agency. A summary of each applicant’s 

seizure history was discussed in the 

October 28, 2020, Federal Register 


KHAMMOND on DSKJM1Z7X2PROD with NOTICES
85848 Federal Register / Vol. 85, No. 249 / Tuesday, December 29, 2020 / Notices 

notice (85 FR 68407) and will not be 

repeated in this notice. 

These five applicants have been 

seizure-free over a range of eight to 14 

years while taking anti-seizure 

medication and maintained a stable 

medication treatment regimen for the 

last 2 years. In each case, the applicant’s 

treating physician verified his or her 

seizure history and supports the ability 

to drive commercially. 

The Agency acknowledges the 

potential consequences of a driver 

experiencing a seizure while operating a 

CMV. However, the Agency believes the 

drivers granted this exemption have 

demonstrated that they are unlikely to 

have a seizure and their medical 

condition does not pose a risk to public 

safety. 

Consequently, FMCSA finds that in 

each case exempting these applicants 

from the epilepsy and seizure disorder 

prohibition in § 391.41(b)(8) is likely to 

achieve a level of safety equal to that 

existing without the exemption. 

V. Conditions and Requirements 

The terms and conditions of the 

exemption are provided to the 

applicants in the exemption document 

and includes the following: (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. 

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 upon its evaluation of the five 

exemption applications, FMCSA 

exempts the following drivers from the 

epilepsy and seizure disorder 

prohibition, § 391.41(b)(8), subject to the 

requirements cited above: 

Scott Baggarley (WA) 

Keith E. Hubbard (WV) 

Billy R. Hunter (KY) 

Devyn R. Roberts (KY) 

Saundra Wesselman (IN) 

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. 2020–28609 Filed 12–28–20; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

National Highway Traffic Safety 

Administration 

[Docket Number NHTSA–2020–0101] 

Agency Information Collection 

Activities; Notice and Request for 

Comment; Reporting of Information 

and Documents About Potential 

Defects 

AGENCY: National Highway Traffic 

Safety Administration (NHTSA), 

Department of Transportation (DOT). 

ACTION: Notice and request for public 

comments on a reinstatement with 

modification of a previously approved 

collection of information. 

SUMMARY: The National Highway Traffic 

Safety Administration (NHTSA) invites 

public comments about our intention to 

request Office of Management and 

Budget (OMB) approval for a 

reinstatement with modification of a 

currently approved information 

collection. Before a Federal agency can 

collect certain information from the 

public, it must receive approval from 

OMB. Under procedures established by 

the Paperwork Reduction Act of 1995, 

before seeking OMB approval, Federal 

agencies must solicit public comment 

on proposed collections of information, 

including extensions and reinstatements 

of previously approved collections. This 

document describes a collection of 

information for which NHTSA intends 

to seek OMB approval. 

DATES: Comments must be received on 

or before March 1, 2021. 

ADDRESSES: You may submit comments 

identified by the Docket No. NHTSA– 

2020–0101 using any of the following 

methods: 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov. Follow the 

online instructions for submitting 

comments. 

• Mail or Hand Delivery: Docket 

Management, U.S. Department of 

Transportation, 1200 New Jersey 

Avenue SE, West Building, Room W12– 

140, 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) 366–9322 before 

coming. 

• Fax: 202–493–2251. 

Instructions: All submissions must 

include the agency name and docket 

number for this proposed collection of 

information. Note that all comments 

received will be posted without change 

to http://www.regulations.gov, including 

any personal information provided. 

Please see the Privacy Act heading 

below. 

Privacy Act: Anyone is able to search 

the electronic form of all comments 

received into any of our dockets by the 

name of the individual submitting the 

comment (or signing the comment, if 

submitted on behalf of an association, 

business, labor union, etc.). You may 

review DOT’s complete Privacy Act 

Statement in the Federal Register 

published on April 11, 2000 (65 FR 

19477–78) or you may visit https://

www.transportation.gov/privacy. 

Docket: For access to the docket to 

read background documents or 

comments received, go to http://

www.regulations.gov or the street 

address listed above. To be sure 

someone is there to help you, please call 

(202) 366–9322 before coming. Follow 

the online instructions for accessing the 

dockets. 

FOR FURTHER INFORMATION CONTACT: For 

additional information or access to 

background documents, contact, Tanya 

Topka, Trends Analysis Division (NEF– 

108), Room W48–337, National 

Highway Traffic Safety Administration, 

1200 New Jersey Ave., Washington, DC 

20590. Telephone: (202) 366–9590. 

Please identify the relevant collection of 

information by referring to its OMB 

Control Number. 

SUPPLEMENTARY INFORMATION: Under the 

Paperwork Reduction Act of 1995, 

before an agency submits a proposed 

collection of information to OMB for 

approval, it must first publish a 

document in the Federal Register 

providing a 60-day comment period and 

otherwise consult with members of the 

public and affected agencies concerning 

each proposed collection of information. 


KHAMMOND on DSKJM1Z7X2PROD with NOTICES