Federal Register / Vol. 86, No. 34 / Tuesday, February 23, 2021 / Notices 11049 

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. 

ophthalmologist stated, ‘‘In my medical 

opinion, I believe Mr. White has 

sufficient vision to perform the driving 

tasks required to operate a commercial 

vehicle.’’ Mr. White reported that he has 

driven straight trucks for 4 years, 

accumulating 160,000 miles, and 

tractor-trailer combinations for 15 years, 

accumulating 780,000 miles. He holds a 

Class A CDL from Texas. His driving 

record for the last three years shows no 

crashes and no convictions for moving 

violations in a CMV. 

IV. Request for Comments 

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

and 31315(b), FMCSA requests public 

comment from all interested persons on 

the exemption petitions described in 

this notice. We will consider all 

comments and material received before 

the close of business on the closing date 

indicated under the DATES section of the 

notice. 

Larry W. Minor, 

Associate Administrator for Policy. 

[FR Doc. 2021–03700 Filed 2–22–21; 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), Department 

of Transportation (DOT). 

ACTION: Notice of final disposition. 

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 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–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. 

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 January 6, 2021, FMCSA 

published a notice announcing its 

decision to renew exemptions for 10 

individuals from the epilepsy and 

seizure disorders prohibition in 49 CFR 

391.41(b)(8) to operate a CMV in 

interstate commerce and requested 

comments from the public (86 FR 701). 

The public comment period ended on 

February 5, 2021, and no comments 

were 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 

§ 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 in determining 

whether drivers with certain medical 

conditions are qualified to operate a 

CMV in interstate commerce. 

III. Discussion of Comments 

FMCSA received no comments in this 

proceeding. 

IV. Conclusion 

Based on its evaluation of the 10 

renewal exemption applications, 

FMCSA announces its decision to 

exempt the following 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), 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 (86 FR 701): 

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 were applicable as of 

January 1, 2021, and will expire on 

January 1, 2023. 

11050 Federal Register / Vol. 86, No. 34 / Tuesday, February 23, 2021 / Notices 

As of January 15, 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); and Michael W. 

Thomas (KS) 

The drivers were included in docket 

number FMCSA–2006–25854 and 

FMCSA–2010–0203. Their exemptions 

were applicable as of January 15, 2021, 

and will expire on January 15, 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. 2021–03698 Filed 2–22–21; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–2019–0174] 

Commercial Driver’s License 

Standards: Wilson Logistics 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), DOT. 

ACTION: Notice of final disposition; grant 

of application for exemption. 

SUMMARY: FMCSA announces its 

decision to grant Wilson Logistics an 

exemption from the regulation that 

requires a commercial learner’s permit 

(CLP) holder operating a commercial 

moto vehicle (CMV) to be accompanied 

by a commercial driver’s license (CDL) 

holder with the proper CDL class and 

endorsements, in the passenger seat. 

Wilson Logistics requested an 

exemption to allow CLP holders who 

have passed the CDL skills test, but have 

not yet obtained the CDL document 

from their State of domicile, to drive a 

CMV without having a CDL holder in 

the passenger seat. FMCSA has analyzed 

the exemption application and the 

public comments and has determined 

that the exemption, subject to the terms 

and conditions imposed, will likely 

achieve a level of safety that is 

equivalent to, or greater than, the level 

that would be achieved absent such 

exemption. 

DATES: This exemption is effective 

February 23, 2021 and expires February 

23, 2026. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Richard Clemente, Driver and Carrier 

Operations Division; Office of Carrier, 

Driver and Vehicle Safety Standards, 

FMCSA; Telephone: (202) 366–4225. 

Email: MCPSD@dot.gov. If you have 

questions on viewing or submitting 

material to the docket, contact Docket 

Services, telephone (202) 366–9826. 

SUPPLEMENTARY INFORMATION: 

I. Public Participation 

Viewing Comments and Documents 

To view comments, as well as 

documents mentioned in this preamble 

as being available in the docket, go to 

www.regulations.gov and insert the 

docket number, FMCSA–2019–0174, 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 in 

person by visiting the Dockets 

Operations in Room W12–140 on the 

ground floor of the DOT West Building, 

1200 New Jersey Avenue SE, 

Washington, DC 20590, between 9 a.m. 

and 5 p.m., e.t., 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. 

II. Legal Basis 

FMCSA has authority under 49 U.S.C. 

31136(e) and 31315(b) to grant 

exemptions from certain parts of the 

Federal Motor Carrier Safety 

Regulations (FMCSRs). FMCSA must 

publish a notice of each exemption 

request in the Federal Register (49 CFR 

381.315(a)). The Agency must provide 

the public an opportunity to inspect the 

information relevant to the application, 

including any safety analyses that have 

been conducted. The Agency must also 

provide an opportunity for public 

comment on the request. 

The Agency reviews safety analyses 

and public comments submitted, and 

determines whether granting the 

exemption would likely achieve a level 

of safety equivalent to, or greater than, 

the level that would be achieved by the 

current regulation (49 CFR 381.305). 

The decision of the Agency must be 

published in the Federal Register (49 

CFR 381.315(b)) with the reasons for 

denying or granting the application and, 

if granted, the name of the person or 

class of persons receiving the 

exemption, and the regulatory provision 

from which the exemption is granted. 

The notice must also specify the 

effective period (up to 5 years) and 

explain the terms and conditions of the 

exemption. The exemption may be 

renewed (49 CFR 381.300(b)). 

III. Request for Exemption 

The Agency’s commercial driver’s 

license (CDL) regulations in 49 CFR 

383.25(a)(1) require that a commercial 

learner’s permit (CLP) holder always be 

accompanied by the holder of a valid 

CDL who has the proper CDL group and 

endorsement(s) necessary to operate the 

commercial motor vehicle (CMV). The 

CDL holder must be physically present 

in the front seat of the vehicle next to 

the CLP holder or, in the case of a 

passenger vehicle, directly behind or in 

the first row behind the driver and must 

have the CLP holder under observation 

and direct supervision. 

Wilson Logistics is a nationwide 

motor carrier with a fleet of over 700 

CMVs seeking an exemption from 49 

CFR 383.25(a)(1) under which a CDL 

holder would remain in the vehicle— 

but not in the front seat—while a CLP 

holder who has passed the CDL skills 

test is driving. The carrier believes this 

would allow the CLP holder to 

participate more independently in a 

revenue-generating trip to obtain the 

CDL document from the State of 

domicile. Wilson Logistics advised that, 

if granted, 400–500 CLP holders would 

operate under the terms of the 

exemption each year. 

Wilson Logistics states that 49 CFR 

383.25(a)(1) creates undue burdens on 

the company and its CLP holders. The 

carrier noted that, previously: 

It was not uncommon for States to issue 

temporary CDLs to CLP holders for the return 

trip to collect the CDL document from their 

State of domicile. During that time, CDL 

holders were neither required to log 

themselves ‘on duty’ when supervising the 

CLP holder who had a temporary CDL, nor 

did they always remain in the passenger seat 

of the CMV. Under that scenario, the 

productivity of the CMV, the earnings 

capacity of the CDL and CLP holders, and the 

logistics of the motor carrier’s freight network 

were all protected. Currently carriers must 

assign a second CDL holder to the vehicle to 

accomplish the on-duty work that was 

previously performed by the CLP holder who 

had a temporary CDL. 

Wilson Logistics contends that 

compliance with the CDL rule leaves it 

with the following two options: (1) 

Secure some mode of public 

transportation from the State of training 

to the State of domicile to allow the CLP 

holder to pick up his/her CDL document