Federal Register / Vol. 86, No. 3 / Wednesday, January 6, 2021 / Notices 701 

regulation that conflicts with this 

exemption with respect to a person 

operating under the exemption. 

VI. Conclusion 

Based upon its evaluation of the 66 

exemption applications, FMCSA renews 

the exemptions of the aforementioned 

drivers from the vision requirement in 

§ 391.41(b)(10), subject to the 

requirements cited above. 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. 2020–29245 Filed 1–5–21; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–2006–25854; 

FMCSA–2010–0203; FMCSA–2015–0323; 

FMCSA–2016–0007; FMCSA–2016–0008; 

FMCSA–2018–0051; FMCSA–2018–0052; 

FMCSA–2018–0056] 

Qualification of Drivers; Exemption 

Applications; Epilepsy and Seizure 

Disorders 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), DOT. 

ACTION: Notice of renewal of 

exemptions; request for comments. 

SUMMARY: FMCSA announces its 

decision to renew exemptions for 10 

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 February 5, 

2021. 

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–2015–0323, Docket No. 

FMCSA–2016–0007, Docket No. 

FMCSA–2016–0008, Docket No. 

FMCSA–2018–0051, Docket No. 

FMCSA–2018–0052, or Docket No. 

FMCSA–2018–0056 using any of the 

following methods: 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov. 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, 

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. Submitting Comments 

If you submit a comment, please 

include the docket number for this 

notice (Docket No. FMCSA–2006– 

25854, FMCSA–2010–0203, FMCSA– 

2015–0323, FMCSA–2016–0007, 

FMCSA–2016–0008, FMCSA–2018– 

0051, FMCSA–2018–0052, or FMCSA– 

2018–0056), 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 

http://www.regulations.gov, put the 

docket number, FMCSA–2006–25854, 

FMCSA–2010–0203, FMCSA–2015– 

0323, FMCSA–2016–0007, FMCSA– 

2016–0008, FMCSA–2018–0051, 

FMCSA–2018–0052, or FMCSA–2018– 

0056, in the keyword box, and click 

‘‘Search.’’ When the new screen 

appears, click on the ‘‘Comment Now!’’ 

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 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. Insert the 

docket number, FMCSA–2006–25854, 

FMCSA–2010–0203, FMCSA–2015– 

0323, FMCSA–2016–0007, FMCSA– 

2016–0008, FMCSA–2018–0051, 

FMCSA–2018–0052, or FMCSA–2018– 

0056, in the keyword box, and click 

‘‘Search.’’ Next, click the ‘‘Open Docket 

Folder’’ button 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. 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 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 

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 


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702 Federal Register / Vol. 86, No. 3 / Wednesday, January 6, 2021 / Notices 

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. 

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. 

The 10 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 10 applicants 

has satisfied the renewal conditions for 

obtaining an exemption from the 

epilepsy and seizure disorders 

prohibition. The 10 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 January and are discussed 

below. 

As of January 1, 2021, and in 

accordance with 49 U.S.C. 31136(e) and 

31315(b), the following eight 

individuals have satisfied the renewal 

conditions for obtaining an exemption 

from the epilepsy and seizure disorders 

prohibition in the FMCSRs for interstate 

CMV drivers: 

Scott D. Engelman (PA) 

Scott I. Habeck (SD) 

Todd W. Hines (OH) 

Jordan M. Hyster (OH) 

Everett J. Letourneau (ND) 

Scott A. Ready, Sr. (WI) 

Douglas J. Simms, Jr. (NC) 

Ronald E. Wagner (OH) 

The drivers were included in docket 

number FMCSA–2015–0323, FMCSA– 

2016–0007, FMCSA–2016–0008, 

FMCSA–2018–0051, FMCSA–2018– 

0052, and FMCSA–2018–0056. Their 

exemptions are applicable as of January 

1, 2021, and will expire on January 1, 

2023. 

As of January 1, 2021, and in 

accordance with 49 U.S.C. 31136(e) and 

31315(b), the following two individuals 

have satisfied the renewal conditions for 

obtaining an exemption from the 

epilepsy and seizure disorders 

prohibition in the FMCSRs for interstate 

CMV drivers: 

Brian Porter (PA) 

Michael W. Thomas (KS) 

The drivers were included in docket 

number FMCSA–2006–25854 and 

FMCSA–2010–0203. Their exemptions 

are applicable as of January 15, 2021, 

and will expire on January 15, 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 § 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 

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 10 

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. 2020–29258 Filed 1–5–21; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Transit Administration 

[Docket FTA–2021–0001] 

Notice of Establishment of Emergency 

Relief Docket for Calendar Year 2021 

AGENCY: Federal Transit Administration 

(FTA), DOT. 

ACTION: Notice. 

SUMMARY: By this notice, the Federal 

Transit Administration (FTA) is 

establishing an Emergency Relief Docket 

for calendar year 2021, so that grant 


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