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###### Department of Transportation

###### Federal Motor Carrier Safety Administration

          - [Docket No. FMCSA-2006-25854; FMCSA-2010-0203; FMCSA-2013-0106; FMCSA-2013-0107; FMCSA-2013-0108; FMCSA-2015-0117; FMCSA-2015-0119; FMCSA-2017-0178; FMCSA-2017-0181; FMCSA-2017-0251; FMCSA-2018-0052]

# 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 14 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, DOT, 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 Comments

                    To view comments go to                     *www.regulations.gov.*                     Insert the docket number, FMCSA-2006-25854, FMCSA-2010-0203, FMCSA-2013-0106, FMCSA-2013-0107, FMCSA-2013-0108, FMCSA-2015-0117, FMCSA-2015-0119, FMCSA-2017-0178, FMCSA-2017-0181, FMCSA-2017-0251, or FMCSA-2018-0052 in the keyword box, and click “Search.” Next, sort the results by “Posted (Newer-Older),” choose the first notice listed, and click “Browse Comments.” 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 regulatory 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 December 29, 2021, FMCSA published a notice announcing its decision to renew exemptions for 14 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 74211). The public comment period ended on January 28, 2022, 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                           ( print page 7240)                        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 14 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 16, 2021, and in accordance with 49 U.S.C. 31136(e) and 31315(b), the following 11 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 74211):

Eric Barnwell (MI)

Christopher Bird (OH)

Gary Clark (KY)

Todd Davis (WI)

Scott DeJarnette (KY)

Gary J. Gress (PA)

Curtis Alan Hartman (MD)

Wendell F. Headley (MO)

Jason Kirkham (WI)

Dannie Kuck (MT)

Robert Spencer (FL)

The drivers were included in docket number FMCSA-2010-0203, FMCSA-2013-0106, FMCSA-2013-0107, FMCSA-2015-0117, FMCSA-2015-0119, FMCSA-2017-0178, FMCSA-2017-0181, FMCSA-2017-0251, or FMCSA-2018-0052. Their exemptions were applicable as of December 16, 2021 and will expire on December 16, 2023.

As of December 23, 2021, and in accordance with 49 U.S.C. 31136(e) and 31315(b), the following three 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 74211):

Gary Freeman (WI)

Aaron Gillette (SD)

David Kestner (VA)

The drivers were included in docket number FMCSA-2006-25854 or FMCSA-2013-0108. Their exemptions were applicable as of December 23, 2021 and will expire on December 23, 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.

# Footnotes

1.                             These 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.*
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[FR Doc. 2022-02629 Filed 2-7-22; 8:45 am]

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