Federal Register / Vol. 86, No. 19 / Monday, February 1, 2021 / Notices 7775 

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. 

FR 8022). The public comment period 

ended on January 11, 2021, and one 

comments was 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 one comments in 

this proceeding. The comment received 

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 (MEP). 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 (SDLA). A summary of each 

applicant’s seizure history was 

discussed in the December 11, 2020, 

Federal Register notice (85 FR 80222) 

and will not be repeated in this notice. 

These three applicants have been 

seizure-free over a range of eight to 19 

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 three 

exemption applications, FMCSA 

exempts the following drivers from the 

epilepsy and seizure disorder 

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

requirements cited above: 

Dylan C. Hill (KS) 

James R. Satterlee (MI) 

Robert G. Schauer, III (IA) 

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. 2021–02018 Filed 1–29–21; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–2000–7363; FMCSA– 

2002–12844; FMCSA–2004–17195; FMCSA– 

2004–18885; FMCSA–2004–19477; FMCSA– 

2006–26066; FMCSA–2008–0106; FMCSA– 

2008–0231; FMCSA–2010–0354; FMCSA– 

2011–0379; FMCSA–2014–0007; FMCSA– 

2014–0010; FMCSA–2014–0299; FMCSA– 

2016–0033; FMCSA–2016–0209; FMCSA– 

2016–0347; FMCSA–2018–0017; FMCSA– 

2018–0018; FMCSA–2018–0208] 

Qualification of Drivers; Exemption 

Applications; Vision 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), DOT. 

ACTION: Notice of final disposition. 

SUMMARY: FMCSA announces its 

decision to renew exemptions for 26 

individuals from the vision requirement 

in the Federal Motor Carrier Safety 

Regulations (FMCSRs) for interstate 

commercial motor vehicle (CMV) 

drivers. The exemptions enable these 

individuals to continue to operate CMVs 

in interstate commerce without meeting 

the vision requirement in one eye. 

7776 Federal Register / Vol. 86, No. 19 / Monday, February 1, 2021 / Notices 

DATES: Each group of renewed 

exemptions were applicable on the 

dates stated in the discussions below 

and will expire on the dates provided 

below. 

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. Insert the 

docket number, FMCSA–2000–7363; 

FMCSA–2002–12844; FMCSA–2004– 

17195; FMCSA–2004–18885; FMCSA– 

2004–19477; FMCSA–2006–26066; 

FMCSA–2008–0106; FMCSA–2008– 

0231; FMCSA–2010–0354; FMCSA– 

2011–0379; FMCSA–2014–0007; 

FMCSA–2014–0010; FMCSA–2014– 

0299; FMCSA–2016–0033; FMCSA– 

2016–0209; FMCSA–2016–0347; 

FMCSA–2018–0017; FMCSA–2018– 

0018; FMCSA–2018–0208, 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. 

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 November 30, 2020, FMCSA 

published a notice announcing its 

decision to renew exemptions for 26 

individuals from the vision requirement 

in 49 CFR 391.41(b)(10) to operate a 

CMV in interstate commerce and 

requested comments from the public (85 

FR 76652). The public comment period 

ended on December 30, 2020, and one 

comment was 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 the current 

regulation § 391.41(b)(10). 

The physical qualification standard 

for drivers regarding vision found in 

§ 391.41(b)(10) states that a person is 

physically qualified to drive a CMV if 

that person has distant visual acuity of 

at least 20/40 (Snellen) in each eye 

without corrective lenses or visual 

acuity separately corrected to 20/40 

(Snellen) or better with corrective 

lenses, distant binocular acuity of a least 

20/40 (Snellen) in both eyes with or 

without corrective lenses, field of vision 

of at least 70° in the horizontal meridian 

in each eye, and the ability to recognize 

the colors of traffic signals and devices 

showing red, green, and amber. 

III. Discussion of Comments 

FMCSA received one comment in this 

proceeding. An anonymous individual 

submitted a comment in support of the 

Agency’s decision to grant the 

exemptions. 

IV. Conclusion 

Based on its evaluation of the 26 

renewal exemption applications and 

comments received, FMCSA confirms 

its decision to exempt the following 

drivers from the vision requirement in 

§ 391.41(b)(10). 

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 3, 2021, and in 

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

31315, the following 13 individuals 

have satisfied the renewal conditions for 

obtaining an exemption from the vision 

requirement in the FMCSRs for 

interstate CMV drivers (65 FR 45817; 65 

FR 77066; 67 FR 71610; 69 FR 64810; 

71 FR 66217; 73 FR 35201; 73 FR 46973; 

73 FR 48275; 73 FR 54889; 73 FR 74565; 

75 FR 44051; 75 FR 77949; 75 FR 77951; 

77 FR 15184; 77 FR 27850; 77 FR 46153; 

77 FR 68202; 77 FR 74730; 79 FR 21996; 

79 FR 38659; 79 FR 46153; 79 FR 51643; 

79 FR 53514; 79 FR 64001; 79 FR 65759; 

79 FR 73689; 81 FR 1474; 81 FR 48493; 

81 FR 59266; 81 FR 70251; 81 FR 74494; 

81 FR 81230; 81 FR 90050; 81 FR 96165; 

81 FR 96178; 81 FR 96180; 83 FR 28325; 

83 FR 34661; 83 FR 40638; 83 FR 45750; 

83 FR 53724; 83 FR 53727; 83 FR 56137; 

83 FR 60954; 84 FR 2305; 84 FR 2311; 

84 FR 2326; 84 FR 2328): 

Darrin E. Bogert (NY) 

Ronald A. Bolyard (WV) 

Robert J. Clarke (NY) 

Lane D. Fuller (KS) 

J.W. Keener (PA) 

Darrell D. Kropf (CA) 

Donald L. Minney (OH) 

Donald L. Nisbet (WA) 

Jose H. Rivas (NM) 

Pedro T. Tellez Alvarez (CA) 

Roy F. Varnado, Jr. (LA) 

Wade W. Ward (WY) 

Christopher R. Whitson (NC) 

The drivers were included in docket 

numbers FMCSA–2000–7363; FMCSA– 

2008–0106; FMCSA–2008–0231; 

FMCSA–2011–0379; FMCSA–2014– 

0007; FMCSA–2014–0010; FMCSA– 

2016–0033; FMCSA–2016–0209; 

FMCSA–2016–0347; FMCSA–2018– 

0017; FMCSA–2018–0018; FMCSA– 

2018–0208. Their exemptions were 

applicable as of January 3, 2021, and 

will expire on January 3, 2023. 

As of January 9, 2021, and in 

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

31315, the following four individuals 

have satisfied the renewal conditions for 

obtaining an exemption from the vision 

requirement in the FMCSRs for 

interstate CMV drivers (71 FR 63379; 72 

FR 1051; 73 FR 78423; 75 FR 79083; 77 

FR 74734; 79 FR 73686; 81 FR 96165; 

84 FR 2311): 

David L. Cattoor (NV) 

Ronald C. Morris (NV) 

Kevin L. Truxell (FL) 

Lee A. Wiltjer (IL) 

The drivers were included in docket 

number FMCSA–2006–26066. Their 

exemptions were applicable as of 

January 9, 2021, and will expire on 

January 9, 2023. 

As of January 10, 2021, and in 

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

31315, the following two individuals 

have satisfied the renewal conditions for 

obtaining an exemption from the vision 

requirement in the FMCSRs for 

interstate CMV drivers (79 FR 73397; 80 

FR 9304; 81 FR 96165; 84 FR 2311): 

Jesse L. Lichtenberger (PA) 

Frederick E. Schaub (IA) 

The drivers were included in docket 

number FMCSA–2014–0299. Their 

exemptions were applicable as of 

January 10, 2021, and will expire on 

January 10, 2023. 

As of January 12, 2021, and in 

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

Federal Register / Vol. 86, No. 19 / Monday, February 1, 2021 / Notices 7777 

1As of August 8, 2020, the American Moving and 

Storage Association (AMSA) announced AMSA will 

join the American Trucking Associations (ATA) as 

the Moving & Storage Conference. Retrieved January 

1, 2021 from: https://www.moving.org/amsa-tobecome-conference-of-american-truckingassociations/. 

31315, the following three individuals 

have satisfied the renewal conditions for 

obtaining an exemption from the vision 

requirement in the FMCSRs for 

interstate CMV drivers (69 FR 53493; 69 

FR 64742; 71 FR 62148; 73 FR 61925; 

75 FR 59327; 75 FR 72863; 76 FR 2190; 

77 FR 74273; 79 FR 73687; 81 FR 96165; 

84 FR 2311): 

Thomas L. Oglesby (GA) 

David W. Ward (NC) 

Ralph W. York (NM) 

The drivers were included in docket 

numbers FMCSA–2004–18885; 

FMCSA–2010–0354. Their exemptions 

were applicable as of January 12, 2021, 

and will expire on January 12, 2023. 

As of January 14, 2021, and in 

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

31315, the following individual has 

satisfied the renewal conditions for 

obtaining an exemption from the vision 

requirement in the FMCSRs for 

interstate CMV drivers (69 FR 64806; 70 

FR 2705; 72 FR 1056; 73 FR 76439; 75 

FR 79084; 77 FR 75496; 79 FR 74169; 

81 FR 96165; 84 FR 2311): 

Francis M. McMullin (PA) 

The driver was included in docket 

number FMCSA–2004–19477. The 

exemption was applicable as of January 

14, 2021, and will expire on January 14, 

2023. 

As of January 17, 2021, and in 

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

31315, the following individual has 

satisfied the renewal conditions for 

obtaining an exemption from the vision 

requirement in the FMCSRs for 

interstate CMV drivers (67 FR 68719; 68 

FR 2629; 69 FR 71100; 72 FR 1053; 73 

FR 76440; 75 FR 80887; 77 FR 76167; 

79 FR 74168; 81 FR 96165; 84 FR 2311): 

Howard F. Breitkreutz (MN) 

The driver was included in docket 

number FMCSA–2002–12844. The 

exemption was applicable as of January 

17, 2021, and will expire on January 17, 

2023. 

As of January 31, 2021, and in 

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

31315, the following two individuals 

have satisfied the renewal conditions for 

obtaining an exemption from the vision 

requirement in the FMCSRs for 

interstate CMV drivers (69 FR 17263; 69 

FR 31447; 70 FR 44946; 71 FR 43557; 

73 FR 42403; 75 FR 38602; 75 FR 72863; 

76 FR 2190; 78 FR 800; 80 FR 603; 81 

FR 96165; 84 FR 2311): 

Jose M. Suarez (TX) 

Richard L. Zacher (OR) 

The drivers were included in docket 

numbers FMCSA–2004–17195; 

FMCSA–2010–0354. Their exemptions 

were applicable as of January 31, 2021, 

and will expire on January 31, 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. 2021–02016 Filed 1–29–21; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–2020–0111] 

Agency Information Collection 

Activities; Revision of an Approved 

Information Collection: Practices of 

Household Goods Brokers 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), U.S. 

Department of Transportation (DOT). 

ACTION: Notice and request for 

comments. 

SUMMARY: In accordance with the 

Paperwork Reduction Act of 1995, 

FMCSA announces its plan to submit 

the Information Collection Request (ICR) 

described below to the Office of 

Management and Budget (OMB) for 

review and approval. 

DATES: Please send your comments by 

March 3, 2021. OMB must receive your 

comments by this date in order to act 

quickly on the ICR. 

ADDRESSES: Written comments and 

recommendations for the proposed 

information collection should be sent 

within 30 days of publication of this 

notice to www.reginfo.gov/public/do/ 

PRAMain. Find this particular 

information collection by selecting 

‘‘Currently under 30-day Review—Open 

for Public Comments’’ or by using the 

search function. 

FOR FURTHER INFORMATION CONTACT: 

Monique Riddick, Commercial 

Enforcement and Investigations 

Division, U.S. Department of 

Transportation, Federal Motor Carrier 

Safety Administration, West Building, 

6th Floor, MC–ECC, 1200 New Jersey 

Avenue SE, Washington, DC 20590– 

0001. Telephone: 202–366–8045; email 

monique.riddick@dot.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

As a result of Title IV, Subtitle B of 

the Safe, Accountable, Flexible, 

Efficient, Transportation Equity Act: A 

Legacy for Users (SAFETEA–LU) (Pub. 

L. 109–59) and a petition for rulemaking 

from the American Moving and Storage 

Association,1 FMCSA amended thenexisting regulations for brokers in a final 

rule titled, ‘‘Brokers of Household 

Goods Transportation by Motor 

Vehicles,’’ (75 FR 72987, Nov. 29, 2010). 

The 2010 rule revised 49 CFR part 371 

by providing additional consumer 

protection responsibilities for brokers of 

Household Goods (HHG). 

Section 4212 of SAFETEA–LU directs 

the Secretary to require HHG brokers to 

provide potential shippers with 

information throughout the various 

stages of their interaction. The below 

summarizes the information collection 

required of the HHG broker at the 

various interaction stages between the 

HHG broker and shippers as laid out by 

49 CFR part 371, subpart B. 

I. First Phase: ‘‘Prospecting’’ 

When HHG shippers are looking to 

procure HHG brokers’ services, brokers 

must collect the following information 

and display it on their websites and 

solicitation materials: 

• Their physical address (49 CFR 

371.107(a)); 

• Their U.S. DOT number(s) and MC 

number (49 CFR 371.107(b)); 

• A statement indicating that they 

will not transport the shipper’s goods 

but will only arrange for goods to be 

transported by a registered motor carrier 

(49 CFR 371.107(c)); 

• If brokers choose to publish rates on 

their websites or solicitation materials, 

the broker must also publish a statement 

that the rates are based on a motor 

carrier’s publicly available rates (49 CFR 

371.107(d)); 

• If brokers choose to publish a list of 

motor carriers with whom they work, 

the list must only be a list of motor 

carriers with whom brokers have 

agreements (49 CFR 371.107(e)); and 

• Brokers must publish information 

regarding their cancellation policies, 

including information on deposits and 

refunds (49 CFR 371.117(a)). 

II. Second Phase: ‘‘Contact’’ 

When HHG shippers make reasonable 

requests seeking additional information