11046 Federal Register / Vol. 86, No. 34 / Tuesday, February 23, 2021 / Notices 

recovered fully from that condition, has 

no existing residual complications, and 

is not taking anti-seizure medication. 

Drivers who have a history of 

epilepsy/seizures, off anti-seizure 

medication and seizure-free for 10 years, 

may be qualified to operate a CMV in 

interstate commerce. Interstate drivers 

with a history of a single unprovoked 

seizure may be qualified to drive a CMV 

in interstate commerce if seizure-free 

and off anti-seizure medication for a 5- 

year period or more. 

As a result of MEs misinterpreting 

advisory criteria as regulation, 

numerous drivers have been prohibited 

from operating a CMV in interstate 

commerce based on the fact that they 

have had one or more seizures and are 

taking anti-seizure medication, rather 

than an individual analysis of their 

circumstances by a qualified ME based 

on the physical qualification standards 

and medical best practices. 

On January 15, 2013, FMCSA 

announced in a Notice of Final 

Disposition titled, ‘‘Qualification of 

Drivers; Exemption Applications; 

Epilepsy and Seizure Disorders,’’ (78 FR 

3069), its decision to grant requests from 

22 individuals for exemptions from the 

regulatory requirement that interstate 

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.’’ 

Since that time, the Agency has 

published additional notices granting 

requests from individuals for 

exemptions from the regulatory 

requirement regarding epilepsy found in 

§ 391.41(b)(8). 

To be considered for an exemption 

from the epilepsy and seizure disorders 

prohibition in § 391.41(b)(8), applicants 

must meet the criteria in the 2007 

recommendations of the Agency’s 

Medical Expert Panel (78 FR 3069). 

III. Qualifications of Applicants 

Sayed K. Abbed 

Mr. Abbed is a 40-year old class C 

license holder in Illinois. He has a 

history of focal seizure, and has been 

seizure free since 2012. He takes antiseizure medication with the dosage and 

frequency remaining the same since 

2012. His physician states that he is 

supportive of Mr. Abbed receiving an 

exemption. 

Devante Carter 

Mr. Carter is a 23-year old class D 

license holder in Illinois. He has a 

history of epilepsy, and has been seizure 

free since 2009. He has not taken antiseizure medication since 2012. His 

physician states that she is supportive of 

Mr. Carter receiving an exemption. 

David R. Frantz 

Mr. Frantz is a 56-year old class CM 

license holder in Pennsylvania. He has 

a history of epilepsy and has been 

seizure free since 2011. He has not taken 

anti-seizure medication since 2012. His 

physician states that he is supportive of 

Mr. Frantz receiving an exemption. 

Brian P. Klein 

Mr. Klein is a 46-year old Operator 

License holder in Indiana. He has a 

history of seizures, and has been seizure 

free since 2008. He takes anti-seizure 

medication with the dosage and 

frequency remaining the same since 

2008. His physician states that he is 

supportive of Mr. Klein receiving an 

exemption. 

Thomas A. Marx 

Mr. Marx is a 44-year old Driver 

License holder in Washington. He has a 

history of epilepsy, and has been seizure 

free since 1995. He takes anti-seizure 

medication with the dosage and 

frequency remaining the same since 

1995. His physician states that he is 

supportive of Mr. Marx receiving an 

exemption. 

Jeffrey Smith, Jr. 

Mr. Smith, Jr. is a 42-year old Driver 

License holder in Florida. He has a 

history of epilepsy, and has been seizure 

free since 2012. He takes anti-seizure 

medication with the dosage and 

frequency remaining the same since 

2016. His physician states that he is 

supportive of Mr. Smith, Jr. receiving an 

exemption. 

Eric R. Smits 

Mr. Smits is a 52-year old Driver 

License holder in Wisconsin. He has a 

history of seizures, and has been seizure 

free since September 2012. He takes 

anti-seizure medication with the dosage 

and frequency remaining the same since 

September 2012. His physician states 

that he is supportive of Mr. Smits 

receiving an exemption. 

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 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. 2021–03697 Filed 2–22–21; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–2021–0003] 

Qualification of Drivers; Exemption 

Applications; Vision 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), Department 

of Transportation (DOT). 

ACTION: Notice of applications for 

exemption; request for comments. 

SUMMARY: FMCSA announces receipt of 

applications from 11 individuals for an 

exemption from the vision requirement 

in the Federal Motor Carrier Safety 

Regulations (FMCSRs) to operate a 

commercial motor vehicle (CMV) in 

interstate commerce. If granted, the 

exemptions will enable these 

individuals to operate CMVs in 

interstate commerce without meeting 

the vision requirement in one eye. 

DATES: Comments must be received on 

or before March 25, 2021. 

ADDRESSES: You may submit comments 

identified by the Federal Docket 

Management System (FDMS) Docket No. 

FMCSA–2021–0003 using any of the 

following methods: 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov/docket?D= 

FMCSA-2021-0003. 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 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: 

Federal Register / Vol. 86, No. 34 / Tuesday, February 23, 2021 / Notices 11047 

1A thorough discussion of this issue may be 

found in a FHWA final rule published in the 

Federal Register on March 26, 1996 and available 

on the internet at https://www.govinfo.gov/content/ 

pkg/FR-1996-03-26/pdf/96-7226.pdf. 

I. Public Participation 

A. Submitting Comments 

If you submit a comment, please 

include the docket number for this 

notice (Docket No. FMCSA–2021–0003), 

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-2021-0003. 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-2021-0003 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 

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 11 individuals listed in this 

notice have requested an exemption 

from the vision requirement in 49 CFR 

391.41(b)(10). Accordingly, the Agency 

will evaluate the qualifications of each 

applicant to determine whether granting 

an exemption will achieve the required 

level of safety mandated by statute. 

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 at 

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 standard red, 

green, and amber. 

On July 16, 1992, the Agency first 

published the criteria for the Vision 

Waiver Program, which listed the 

conditions and reporting standards that 

CMV drivers approved for participation 

would need to meet (57 FR 31458). The 

current Vision Exemption Program was 

established in 1998, following the 

enactment of amendments to the 

statutes governing exemptions made by 

§ 4007 of the Transportation Equity Act 

for the 21st Century, Public Law 105– 

178, 112 Stat. 107, 401 (June 9, 1998). 

Vision exemptions are considered under 

the procedures established in 49 CFR 

part 381 subpart C, on a case-by-case 

basis upon application by CMV drivers 

who do not meet the vision standards of 

§ 391.41(b)(10). 

To qualify for an exemption from the 

vision requirement, FMCSA requires a 

person to present verifiable evidence 

that he/she has driven a commercial 

vehicle safely in intrastate commerce 

with the vision deficiency for the past 

3 years. Recent driving performance is 

especially important in evaluating 

future safety, according to several 

research studies designed to correlate 

past and future driving performance. 

Results of these studies support the 

principle that the best predictor of 

future performance by a driver is his/her 

past record of crashes and traffic 

violations. Copies of the studies may be 

found at https://www.regulations.gov/ 

docket?D=FMCSA-1998-3637. 

FMCSA believes it can properly apply 

the principle to monocular drivers, 

because data from the Federal Highway 

Administration’s (FHWA) former waiver 

study program clearly demonstrated the 

driving performance of experienced 

monocular drivers in the program is 

better than that of all CMV drivers 

collectively.1 The fact that experienced 

monocular drivers demonstrated safe 

driving records in the waiver program 

supports a conclusion that other 

monocular drivers, meeting the same 

qualifying conditions as those required 

by the waiver program, are also likely to 

have adapted to their vision deficiency 

and will continue to operate safely. 

The first major research correlating 

past and future performance was done 

in England by Greenwood and Yule in 

1920. Subsequent studies, building on 

that model, concluded that crash rates 

for the same individual exposed to 

certain risks for two different time 

periods vary only slightly (See Bates 

and Neyman, University of California 

Publications in Statistics, April 1952). 

Other studies demonstrated theories of 

predicting crash proneness from crash 

history coupled with other factors. 

These factors—such as age, sex, 

geographic location, mileage driven and 

conviction history—are used every day 

by insurance companies and motor 

vehicle bureaus to predict the 

probability of an individual 

experiencing future crashes (See Weber, 

Donald C., ‘‘Accident Rate Potential: An 

Application of Multiple Regression 

Analysis of a Poisson Process,’’ Journal 

of American Statistical Association, 

June 1971). A 1964 California Driver 

Record Study prepared by the California 

Department of Motor Vehicles 

concluded that the best overall crash 

predictor for both concurrent and 

nonconcurrent events is the number of 

single convictions. This study used 3 

consecutive years of data, comparing the 

experiences of drivers in the first 2 years 

with their experiences in the final year. 

11048 Federal Register / Vol. 86, No. 34 / Tuesday, February 23, 2021 / Notices 

III. Qualifications of Applicants 

Antonio R. Barros 

Mr. Barros, 53, has had amblyopia in 

his left eye since childhood. The visual 

acuity in his right eye is 20/20 and in 

his left eye, 20/200. Following an 

examination in 2020, his 

ophthalmologist stated, ‘‘In my medical 

opinion, Mr. Barros has sufficient vision 

to perform the driving tasks required to 

operate a commercial vehicle.’’ Mr. 

Barros reported that he has driven 

straight trucks for 12 years, 

accumulating 120,000 miles, and 

tractor-trailer combinations for 12 years, 

accumulating 96,000 miles. He holds a 

Class A CDL from NY. His driving 

record for the last three years shows no 

crashes and no convictions for moving 

violations in a CMV. 

Robert D. Boudreau 

Mr. Boudreau, 54, has had amblyopia 

in his left eye since childhood. The 

visual acuity in his right eye is 20/20 

and in his left eye, 20/350. Following an 

examination in 2020, his 

ophthalmologist stated, ‘‘In my medical 

opinion, Mr. Boudreau has sufficient 

vision to perform the driving tasks to 

operate a commercial vehicle.’’ Mr. 

Boudreau reported that he has driven 

tractor-trailer combinations for 22 years, 

accumulating 2.2 million miles. He 

holds an operator’s license from 

Arizona. His driving record for the last 

three years shows no crashes and no 

convictions for moving violations in a 

CMV. 

Doris J. Goldsmith 

Ms. Goldsmith, 48, has complete loss 

of vision in her left eye due to a 

traumatic incident in childhood. The 

visual acuity in her right eye is 20/20, 

and in her left eye, hand motion only. 

Following an examination in 2020, her 

optometrist stated, ‘‘Her left eye is 

entirely stable. In my opinion Doris is 

completely capable of operating a 

commercial vehicle with no restriction.’’ 

Ms. Goldsmith reported that she has 

driven straight trucks for 2 years, 

accumulating 31,200 miles, and tractortrailer combinations for 20 years, 

accumulating 2.2 million miles. She 

holds a Class DA CDL from Kentucky. 

Her driving record for the last 3 years 

shows no crashes and no convictions for 

moving violations in a CMV. 

Todd C. Kraese 

Mr. Kraese, 51, has had a retinal 

detachment in his left eye since birth. 

The visual acuity in his right eye is 20/ 

20, and in his left eye, light perception. 

Following an examination in 2020, his 

optometrist stated, ‘‘In my opinion, the 

patient has sufficient vision to perform 

the driving tasks required to operate a 

commercial vehicle.’’ Mr. Kraese 

reported that he has driven tractortrailer combinations for 6 years, 

accumulating 36,000 miles. He holds an 

operator’s license from Indiana. His 

driving record for the last three years 

shows no crashes and no convictions for 

moving violations in a CMV. 

Kathy A. Mason 

Ms. Mason, 55, has a prosthetic right 

eye due to melanoma in 2012. The 

visual acuity in her right eye is no light 

perception, and in her left eye, 20/20. 

Following an examination in 2020, her 

optometrist stated, ‘‘Her prosthetic in 

the left eye will not hinder her driving 

in any way. She is capable of operating 

a commercial vehicle or any vehicle 

thererof.’’ Ms. Mason reported that she 

has driven straight trucks for 20 years, 

accumulating 200,000 miles, tractortrailer combinations for 17 years, 

accumulating 85,000 miles, and buses 

for 13 years, accumulating 1.56 million 

miles. She holds a Class A CDL from 

Texas. Her driving record for the last 

three years shows no crashes and no 

convictions for moving violations in a 

CMV. 

Luke A. Perry 

Mr. Perry, 58, has a corneal scar in his 

left eye due to a traumatic incident in 

childhood. The visual acuity in his right 

eye is 20/20, and in his left eye, 20/300. 

Following an examination in 2020, his 

ophthalmologist stated, ‘‘It is my 

opinion that Mr. Perry has sufficient 

vision to operate a commercial vehicle.’’ 

Mr. Perry reported that he has driven 

straight trucks for 6 years, accumulating 

60,000 miles, and tractor-trailer 

combinations for 3 years, accumulating 

330,000 miles. He holds a Class A CDL 

from Vermont. His driving record for the 

last three years shows no crashes and no 

convictions for moving violations in a 

CMV. 

Percy C. Robinson 

Mr. Robinson, 48, has a retinal 

detachment in his left eye due to 

spontaneous degeneration in 2008. The 

visual acuity in his right eye is 20/20, 

and in his left eye, light perception. 

Following an examination in 2020, his 

optometrist stated, ‘‘In my opinion, Mr. 

Robinson has vision sufficient to 

perform the driving tasks to operate a 

commercial vehicle.’’ Mr. Robinson 

reported that he has driven straight 

trucks for 25 years, accumulating 

120,000 miles, and tractor-trailer 

combinations for 25 years, accumulating 

25,000 miles. He holds a Class AM CDL 

from Alabama. His driving record for 

the last three years shows no crashes 

and no convictions for moving 

violations in a CMV. 

Harvinder S. Sahota 

Mr. Sahota, 38, has had amblyopia in 

his right eye since childhood. The 

visual acuity in his right eye is 20/400, 

and in his left eye, 20/20. Following an 

examination in 2020, his 

ophthalmologist stated, ‘‘In my medical 

opinion Harvinder has sufficient vision, 

color vision and visual fields to perform 

the driving tasks required to operate a 

commercial vehicle.’’ Mr. Sahota 

reported that he has driven tractortrailer combinations for 3 years, 

accumulating 360,000 miles. He holds a 

Class A CDL from California. His 

driving record for the last three years 

shows no crashes and no convictions for 

moving violations in a CMV. 

Michael J. Wells 

Mr. Wells, 64, has had amblyopia in 

his right eye since childhood. The 

visual acuity in his right eye is hand 

motion only, and in his left eye, 20/25. 

Following an examination in 2020 his 

optometrist stated, ‘‘Mr. Wells has been 

able to safely operate a commercial 

vehicle for years and should be able to 

continue doing so, without his vision 

impacting that ability.’’ Mr. Wells 

reported that he has driven straight 

trucks for 25 years, accumulating 1.25 

million miles, and tractor-trailer 

combinations for 25 years, accumulating 

5 million miles. He holds a Class A CDL 

from North Carolina. His driving record 

for the last three years shows no crashes 

and no convictions for moving 

violations in a CMV. 

Dennis C. Welpe 

Mr. Welpe, 55, has a retinal 

detachment in his in his left eye due to 

a traumatic incident in 1983. The visual 

acuity in his right eye is 20/20, and in 

his left eye, 20/400. Following an 

examination in 2020, his 

ophthalmologist stated, ‘‘It is in my 

opinion Mr. Welpe has sufficient vision 

to perform the driving tasks required to 

operate a commercial vehicle.’’ Mr. 

Welpe reported that he has driven buses 

for 37 years, accumulating 74,000 miles. 

He holds a Class B CDL from Texas. His 

driving record for the last three years 

shows no crashes and no convictions for 

moving violations in a CMV. 

Kevin D. White 

Mr. White, 48, has a complete loss of 

vision in his left eye due to a traumatic 

incident in childhood. The visual acuity 

in his right eye is 20/20, and in his left 

eye, complete loss of vision. Following 

an examination in 2021, his 

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.