8830 Federal Register / Vol. 86, No. 25 / Tuesday, February 9, 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. 

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–2013–0442, 

FMCSA–2014–0216, FMCSA–2015– 

0322, FMCSA–2015–0323, FMCSA– 

2016–0007, FMCSA–2016–0008, 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.dot.gov/privacy. 

II. Background 

On November 30, 2020, FMCSA 

published a notice announcing its 

decision to renew exemptions for 11 

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 (85 FR 

76655). The public comment period 

ended on December 30, 2020, 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 11 

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 December and are 

discussed below. 

As of December 3, 2020, and in 

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

31315(b), the following seven 

individuals have satisfied the renewal 

conditions for obtaining an exemption 

from the epilepsy and seizure disorders 

prohibition in the FMCSRs for interstate 

CMV drivers (85 FR 76655): 

Nicolas Donez, Jr. (CO) 

Michael C. Grant (SC) 

Larry G. Hediger (IL) 

Thomas K. Mitchell (MS) 

Isaac E. Rogers (IL) 

Donald J. Smith (NY) 

Joseph A. Thomas (MD) 

The drivers were included in docket 

number FMCSA–2013–0442, FMCSA– 

2014–0216, FMCSA–2015–0322, 

FMCSA–2016–0007, and FMCSA–2018– 

0056. Their exemptions were applicable 

as of December 3, 2020, and will expire 

on December 3, 2022. 

As of December 21, 2020, and in 

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

31315(b), the following four individuals 

have satisfied the renewal conditions for 

obtaining an exemption from the 

epilepsy and seizure disorders 

prohibition in the FMCSRs for interstate 

CMV drivers (85 FR 76655): 

Douglas Cantwell (TN) 

Kenneth B. Elder (KY) 

Ronnie D. Moody (NC) 

Tara VanHorne (PA) 

The drivers were included in docket 

number MCSA–2015–0323 and 

FMCSA–2016–0008. Their exemptions 

were applicable as of December 21, 

2020, and will expire on December 21, 

2022. 

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. 2021–02659 Filed 2–8–21; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–2021–0036] 

Qualification of Drivers; Exemption 

Applications; Implantable Cardioverter 

Defibrillators 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), Department 

of Transportation (DOT). 

ACTION: Notice of application for 

exemption; request for comments. 

SUMMARY: FMCSA announces receipt of 

an application from one individual for 

an exemption from the prohibition in 

the Federal Motor Carrier Safety 

Regulations (FMCSRs) against operation 

of a commercial motor vehicle (CMV) by 

persons with a current clinical diagnosis 

of myocardial infarction, angina 

pectoris, coronary insufficiency, 

thrombosis, or any other cardiovascular 

disease of a variety known to be 

accompanied by syncope (transient loss 

of consciousness), dyspnea (shortness of 

breath), collapse, or congestive heart 


khammond on DSKJM1Z7X2PROD with NOTICES
Federal Register / Vol. 86, No. 25 / Tuesday, February 9, 2021 / Notices 8831 

1These criteria may be found in 49 CFR part 391, 

APPENDIX A TO PART 391—MEDICAL 

ADVISORY CRITERIA, section D. Cardiovascular: 

§ 391.41(b)(4), paragraph 4, which is available on 

the internet at https://www.gpo.gov/fdsys/pkg/CFR2015-title49-vol5/pdf/CFR-2015-title49-vol5- 

part391-appA.pdf. 

failure. If granted, the exemption would 

enable this individual with an 

implantable cardioverter defibrillator 

(ICD) to operate a CMV in interstate 

commerce. 

DATES: Comments must be received on 

or before March 11, 2021. 

ADDRESSES: You may submit comments 

identified by the Federal Docket 

Management System (FDMS) Docket ID 

FMCSA–2021–0036 using any of the 

following methods: 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov/ 

docket?D=FMCSA-2021-0036. Follow 

the online instructions for submitting 

comments. 

• Mail: Docket 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–2021–0036), 

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/ 

docket?D=FMCSA-2021-0036. 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/ 

docket?D=FMCSA-2021-0036 and 

choose the document to review. If you 

do not have access to the internet, you 

may view the docket online 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 20590–0001, 

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. 

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.dot.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 individual listed in this notice 

has requested an exemption from 49 

CFR 391.41(b)(4). Accordingly, the 

Agency will evaluate the qualifications 

of the applicant to determine whether 

granting the exemption will achieve the 

required level of safety mandated by 

statute. 

The physical qualification standard 

found in § 391.41(b)(4) states that a 

person is physically qualified to drive a 

CMV if that person has no current 

clinical diagnosis of myocardial 

infarction, angina pectoris, coronary 

insufficiency, thrombosis, or any other 

cardiovascular disease of a variety 

known to be accompanied by syncope, 

dyspnea, collapse, or congestive cardiac 

failure. 

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 

advisory criteria states that ICDs are 

disqualifying due to risk of syncope. 

III. Qualifications of Applicant 

Matthew Wackt 

Mr. Wackt is a CMV driver in 

Wisconsin. A January 8, 2021, letter 

from his cardiologist reports that his 

ICD was implanted in March of 2019, 

for secondary prevention of high risk 

cardiac arrhythmias for which he has 

not received ICD therapy since the 

device was implanted, nor has he 

reported any symptoms associated with 

any cardiac arrhythmia. His 

cardiologist’s letter states that Mr. 

Wackt is stable from a cardiac 

electrophysiology perspective, and 

maintains ICD follow-up, however, 

remains at risk for recurrent ventricular 

arrhythmias in the setting of his 

underlying diagnosis. The cardiologist’s 

letter also states that the presence of an 

ICD does not guarantee prevention of 

syncope. 

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 petition described in this 

notice. We will consider all comments 

received before the close of business on 


khammond on DSKJM1Z7X2PROD with NOTICES
8832 Federal Register / Vol. 86, No. 25 / Tuesday, February 9, 2021 / Notices 

1Section 405 grants cover the following: 

Occupant Protection Grants; State Traffic Safety 

Information System Improvements Grants; Impaired 

Driving Countermeasures Grants (including 

Alcohol-Ignition Interlock Grants and 24–7 Sobriety 

Program Grants); Distracted Driving Grants; 

Motorcyclist Safety Grants; State Graduated Driver 

Licensing Incentive Grants; and Nonmotorized 

Safety Grants. Section 1906 is a separate racial 

profiling data collection grant. 

the closing date indicated under the 

DATES section of the notice. 

Larry W. Minor, 

Associate Administrator for Policy. 

[FR Doc. 2021–02658 Filed 2–8–21; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

National Highway Traffic Safety 

Administration 

[Docket No. NHTSA–2021–0009] 

Agency Information Collection 

Activities; Notice and Request for 

Comment; Uniform Procedures for 

State Highway Safety Grant Programs 

AGENCY: National Highway Traffic 

Safety Administration (NHTSA), 

Department of Transportation (DOT). 

ACTION: Notice and request for 

comments on an extension of a 

currently-approved information 

collection. 

SUMMARY: The National Highway Traffic 

Safety Administration (NHTSA) invites 

public comments about our intention to 

request approval from the Office of 

Management and Budget (OMB) for an 

extension 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 reinstatement of 

previously approved collections. This 

document describes NHTSA’s collection 

of information for its State Highway 

Safety Grant Program. 

DATES: Comments must be submitted on 

or before April 12, 2021. 

ADDRESSES: You may submit comments 

identified by the Docket No. NHTSA– 

2021–0009 through any of the following 

methods: 

• Electronic submissions: Go to the 

Federal eRulemaking Portal at http://

www.regulations.gov. Follow the online 

instructions for submitting comments. 

• Fax: (202) 493–2251. 

• Mail or Hand Delivery: Docket 

Management, U.S. Department of 

Transportation, 1200 New Jersey 

Avenue SE, West Building, Room W12– 

140, Washington, DC 20590, between 9 

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

Friday, except on Federal holidays. 

Instructions: All submissions must 

include the agency name and docket 

number for this notice. 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. Follow the online 

instructions for accessing the dockets 

via internet. 

FOR FURTHER INFORMATION CONTACT: For 

programmatic issues, contact Barbara 

Sauers, Regional Operations and 

Program Delivery, NRO–011, National 

Highway Traffic Safety Administration, 

U.S. Department of Transportation, 1200 

New Jersey Avenue SE, Washington, DC 

20590; Telephone: 202–366–0144. For 

legal issues and background 

information, contact Roland (R.T.) 

Baumann III, Office of the Chief 

Counsel, NCC–300, National Highway 

Traffic Safety Administration, U.S. 

Department of Transportation, 1200 

New Jersey Avenue SE, Washington, DC 

20590; Telephone: 202–366–1834. 

Please identify the relevant collection of 

information by referring to its OMB 

Control Number. 

SUPPLEMENTARY INFORMATION: Under the 

Paperwork Reduction Act of 1995 (44 

U.S.C. 3501 et seq.), 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. The OMB has 

promulgated regulations describing 

what must be included in such a 

document. Under OMB’s regulation (at 

5 CFR 1320.8(d)), an agency must ask 

for public comment on the following: (a) 

Whether the proposed collection of 

information is necessary for the proper 

performance of the functions of the 

agency, including whether the 

information will have practical utility; 

(b) the accuracy of the agency’s estimate 

of the burden of the proposed collection 

of information, including the validity of 

the methodology and assumptions used; 

(c) how to enhance the quality, utility, 

and clarity of the information to be 

collected; and (d) how to minimize the 

burden of the collection of information 

on those who are to respond, including 

the use of appropriate automated, 

electronic, mechanical, or other 

technological collection techniques or 

other forms of information technology, 

e.g. permitting electronic submission of 

responses. In compliance with these 

requirements, NHTSA asks for public 

comments on the following proposed 

collection of information for which the 

agency is seeking approval from OMB. 

Title: Uniform Procedures for State 

Highway Safety Grant Programs. 

OMB Control Number: 2127–0730. 

Form Number(s): None. 

Type of Request: Extension. 

Type of Review Requested: Regular. 

Requested Expiration Date of 

Approval: 3 years from date of approval. 

Summary of the Collection of 

Information 

The Fixing America’s Surface 

Transportation Act (FAST), Public Law 

114–94, authorizes the National 

Highway Traffic Safety Administration 

(NHTSA) to issue highway safety grants 

to States under Chapter 4 of Title 23, 

U.S.C. Specifically, these grant 

programs include the Highway Safety 

Program grants (23 U.S.C. 402 or Section 

402), the National Priority Safety 

Program grants (23 U.S.C. 405 or Section 

405) and a separate grant on racial 

profiling data collection contained in a 

previous authorization that was revised 

and restored under the FAST Act (Pub. 

L. 109–59, Sec. 1906 or Section 1906, as 

amended by Sec. 4011, Pub. L. 114–94). 

For all of these grants, as directed in 

statute, NHTSA uses a consolidated 

application process that relies on the 

Highway Safety Plan (HSP) States 

submit under the Section 402 program 

as a single application. The information 

required to be submitted for these grants 

includes the HSP consisting of 

information on the highway safety 

planning process, performance report, 

performance plan, problem 

identification, highway safety 

countermeasure strategies, projects and 

funding amounts, certifications and 

assurances, and application materials 

that cover Section 405 grants and the 

reauthorized Section 1906 grant.1 States 


khammond on DSKJM1Z7X2PROD with NOTICES