Qualification of Drivers; Exemption Applications; Epilepsy and Seizure Disorders, 13487-13489 [2023-04386]

Download as PDF ddrumheller on DSK120RN23PROD with NOTICES1 Federal Register / Vol. 88, No. 42 / Friday, March 3, 2023 / Notices they issue or make generally available to their participants or other entities with which they have a significant relationship, such as pledges, transfer agents, or self-regulatory organizations. Such materials include manuals, notices, circulars, bulletins, lists, and periodicals. The filings with the Commission must be made within ten days after the materials are issued or made generally available. When the Commission is not the clearing agency’s appropriate regulatory agency, the clearing agency must file one copy of the material with its appropriate regulatory agency. The Commission is responsible for overseeing clearing agencies and uses the information filed pursuant to Rule 17a–22 to determine whether a clearing agency is implementing procedural or policy changes. The information filed aides the Commission in determining whether such changes are consistent with the purposes of section 17A of the Exchange Act. Also, the Commission uses the information to determine whether a clearing agency has changed its rules without reporting the actual or prospective change to the Commission as required under section 19(b) of the Exchange Act. The respondents to Rule 17a–22 are registered clearing agencies. The frequency of filings made by clearing agencies pursuant to Rule 17a–22 varies but on average there are approximately 120 filings per year per active clearing agency. There are nine registered clearing agencies, but only seven active registered clearing agencies are expected to submit filings pursuant to the rule. The Commission staff estimates that each response requires approximately .25 hours (fifteen minutes), which represents the time it takes for a staff person at the clearing agency to properly identify a document subject to the rule, print and make copies, and mail that document to the Commission. Thus, the total annual burden for all active clearing agencies is approximately 210 hours (7 clearing agencies multiplied by 120 filings per clearing agency multiplied by .25). An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information under the PRA unless it displays a currently valid OMB control number. The public may view background documentation for this information collection at the following website: www.reginfo.gov. Find this particular information collection by selecting ‘‘Currently under 30-day Review—Open for Public Comments’’ or by using the search function. Written comments and recommendations for the proposed VerDate Sep<11>2014 19:33 Mar 02, 2023 Jkt 259001 information collection should be sent by April 3, 2023 to (i) MBX.OMB.OIRA.SEC_desk_officer@ omb.eop.gov and (ii) David Bottom, Director/Chief Information Officer, Securities and Exchange Commission, c/o John Pezzullo, 100 F Street, NE, Washington, DC 20549, or by sending an email to: PRA_Mailbox@sec.gov. 13487 FOR FURTHER INFORMATION CONTACT: Dated: February 28, 2023. Sherry R. Haywood, Assistant Secretary. Bekim Haliti, bhaliti@tva.gov, 931–349– 1894. SUPPLEMENTARY INFORMATION: The RRSC is a discretionary advisory committee established under the authority of the Tennessee Valley Authority (TVA) in accordance with the provisions of the Federal Advisory Committee Act (FACA), as amended, 5 U.S.C., App. 2. The meeting agenda includes the following: [FR Doc. 2023–04447 Filed 3–2–23; 8:45 am] Day 1—March 27 BILLING CODE 8011–01–P 1. Welcome and Introductions 2. RRSC and TVA Meeting Update 3. TVA’s Land and Habitat Stewardship TENNESSEE VALLEY AUTHORITY Day 2—March 28 Meeting of the Regional Resource Stewardship Council Tennessee Valley Authority (TVA). ACTION: Notice of Federal Advisory Committee Act meeting. AGENCY: The TVA Regional Resource Stewardship Council (RRSC) will hold a meeting on March 27 and 28, 2023, regarding TVA’s natural resources and stewardship matters in the Tennessee Valley. DATES: The meeting will be held in Florence, Alabama at the Marriott Shoals Hotel and Spa, Monday, March 27, 2023, from 1 p.m. to 4:30 p.m. C.T. and Tuesday, March 28, 2023, from 12:30 p.m. to 4:15 p.m. C.T. RRSC council members are invited to attend the meeting in person. The public is invited to view the meeting virtually or to attend in-person. A one hour virtual or in-person public listening session will be held March 28, at 1:45 p.m. C.T. A link and instructions to view the meeting will be posted on TVA’s RRSC website at www.tva.gov/rrsc at least one week prior to the scheduled meeting. ADDRESSES: The public is invited to view the meeting virtually or attend in person. The in-person meeting will be held at the Marriott Shoals Hotel and Spa at 10 Hightower Pl, Florence, AL 35630. Anyone wishing to attend in person must preregister by 5 p.m. E.T. Thursday, March 23, 2023, by emailing bhaliti@tva.gov. Members of the public are also invited to speak either virtually or in person during a public listening session. Persons who wish to speak must preregister by 5 p.m. E.T. Thursday, March 23, 2023, by emailing bhaliti@tva.gov and specify whether they wish to speak virtually or inperson. Anyone needing special accommodations should let the contact below know at least one week in advance. SUMMARY: PO 00000 Frm 00066 Fmt 4703 Sfmt 4703 4. Welcome and Review of Day 1 5. Valley Vision 2035 Update 6. Public Listening Session 7. Update on TVA’s River Management 8. Update on TVA’s Natural Resources The RRSC will hear views of the public by providing a 1-hour public comment session starting March 28 at 1:45 p.m. C.T. Persons wishing to speak must register at bhaliti@tva.gov or call 931–349–1894 by 5:00 p.m. E.T. Thursday, March 23, 2023, and will be called on during the public listening session for up to five minutes to share their views. Written comments are also invited and may be emailed to bhaliti@ tva.gov. Dated: February 24, 2023. Melanie Farrell, Vice President, External Stakeholders and Regulatory Oversight, Tennessee Valley Authority. [FR Doc. 2023–04347 Filed 3–2–23; 8:45 am] BILLING CODE 8120–08–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA–2015–0323; FMCSA– 2016–0007; FMCSA–2016–0008; FMCSA– 2018–0052; FMCSA–2019–0036; FMCSA– 2020–0046; FMCSA–2020–0047] Qualification of Drivers; Exemption Applications; Epilepsy and Seizure Disorders Federal Motor Carrier Safety Administration (FMCSA), Department of Transportation (DOT). ACTION: Notice of renewal of exemptions; request for comments. AGENCY: FMCSA announces its decision to renew exemptions for eight individuals from the requirement in the Federal Motor Carrier Safety SUMMARY: E:\FR\FM\03MRN1.SGM 03MRN1 ddrumheller on DSK120RN23PROD with NOTICES1 13488 Federal Register / Vol. 88, No. 42 / Friday, March 3, 2023 / Notices 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: The exemptions are applicable on March 17, 2023. The exemptions expire on March 17, 2025. Comments must be received on or before April 3, 2023. ADDRESSES: You may submit comments identified by the Federal Docket Management System (Docket No. FMCSA–2015–0323, Docket No. FMCSA–2016–0007, Docket No. FMCSA–2016–0008, Docket No. FMCSA–2018–0052, Docket No. FMCSA–2019–0036, Docket No. FMCSA–2020–0046, or Docket No. FMCSA–2020–0047) using any of the following methods: • Federal eRulemaking Portal: Go to www.regulations.gov/, insert the docket number (FMCSA–2015–0323, FMCSA– 2016–0007, FMCSA–2016–0008, FMCSA–2018–0052, FMCSA–2019– 0036, FMCSA–2020–0046, or FMCSA– 2020–0047) in the keyword box and click ‘‘Search.’’ Next, sort the results by ‘‘Posted (Newer-Older),’’ choose the first notice listed, and click on the ‘‘Comment’’ button. 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 20590–0001 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, FMCSA, DOT, 1200 New Jersey Avenue SE, Room W64–224, Washington, DC 20590–0001, (202) 366– 4001, fmcsamedical@dot.gov. 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 VerDate Sep<11>2014 19:33 Mar 02, 2023 Jkt 259001 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–2015–0323, Docket No. FMCSA–2016–0007, Docket No. FMCSA–2016–0008, Docket No. FMCSA–2018–0052, Docket No. FMCSA–2019–0036, Docket No. FMCSA–2020–0046, or Docket No. FMCSA–2020–0047), 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 www.regulations.gov/, insert the docket number (FMCSA–2015–0323, FMCSA– 2016–0007, FMCSA–2016–0008, FMCSA–2018–0052, FMCSA–2019– 0036, FMCSA–2020–0046, or FMCSA– 2020–0047) in the keyword box and click ‘‘Search.’’ Next, sort the results by ‘‘Posted (Newer-Older),’’ choose the first notice listed, click the ‘‘Comment’’ 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. FMCSA will consider all comments and material received during the comment period. B. Viewing Comments To view comments go to www.regulations.gov. Insert the docket number (FMCSA–2015–0323, FMCSA– 2016–0007, FMCSA–2016–0008, FMCSA–2018–0052, FMCSA–2019– 0036, FMCSA–2020–0046, or FMCSA– 2020–0047) 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 PO 00000 Frm 00067 Fmt 4703 Sfmt 4703 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 49 U.S.C. 31315(b)(6), DOT solicits comments from the public on the exemption request. 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 (Federal Docket Management System), which can be reviewed at https://www.transportation.gov/ individuals/privacy/privacy-act-systemrecords-notices, the comments are searchable by the name of the submitter. 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 statutes also allow the Agency to renew exemptions at the end of the 5-year period. However, 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 physical qualification standard for drivers regarding epilepsy found in 49 CFR 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. The eight individuals listed in this notice have requested renewal of their exemptions from the epilepsy and seizure disorders prohibition in § 391.41(b)(8), in accordance with FMCSA procedures. Accordingly, FMCSA has evaluated these 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. E:\FR\FM\03MRN1.SGM 03MRN1 Federal Register / Vol. 88, No. 42 / Friday, March 3, 2023 / Notices applications for renewal on their merits and decided to extend each exemption for a renewable 2-year period. ddrumheller on DSK120RN23PROD with NOTICES1 III. Request for Comments Interested parties or organizations possessing information that would otherwise show that any, or all, of these drivers are not currently achieving the statutory level of safety should immediately notify FMCSA. The Agency will evaluate any adverse evidence submitted and, if safety is being compromised or if continuation of the exemption would not be consistent with the goals and objectives of 49 U.S.C. 31136(e) and 31315(b), FMCSA will take immediate steps to revoke the exemption of a driver. IV. Basis for Renewing Exemptions In accordance with 49 U.S.C. 31136(e) and 31315(b), each of the eight applicants has satisfied the renewal conditions for obtaining an exemption from the epilepsy and seizure disorders prohibition. The eight drivers in this notice remain in good standing with the Agency, have maintained their medical monitoring and have not exhibited any medical issues that would compromise their ability to safely operate a CMV during the previous 2-year exemption period. In addition, for commercial driver’s license (CDL) holders, the Commercial Driver’s License Information System and the Motor Carrier Management Information System are searched for crash and violation data. For non-CDL holders, the Agency reviews the driving records from the State Driver’s Licensing Agency. These factors provide an adequate basis for predicting each driver’s ability to continue to safely operate a CMV in interstate commerce. Therefore, FMCSA concludes that extending the exemption for each renewal applicant for a period of 2 years is likely to achieve a level of safety equal to that existing without the exemption. As of March 17, 2023, 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: Kenneth Elder (KY) Demetris Furman (SD) Scott Habeck (SD) Todd Hines (OH) Scott Ready, Sr. (WI) Harold Seaton (KY) Thomas Smutnik (PA) Tara Vanhorne (PA) The drivers were included in docket number FMCSA–2015–0323, FMCSA– VerDate Sep<11>2014 19:33 Mar 02, 2023 Jkt 259001 2016–0007, FMCSA–2016–0008, FMCSA–2018–0052, FMCSA–2019– 0036, FMCSA–2020–0046, or FMCSA– 2020–0047. Their exemptions are applicable as of March 17, 2023 and will expire on March 17, 2025. V. Conditions and Requirements The exemptions are extended subject to the following conditions: (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. The exemption will be rescinded if: (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 before it was 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). 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 on its evaluation of the eight exemption applications, FMCSA renews the exemptions of the aforementioned 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), each exemption will be valid for 2 years unless revoked earlier by FMCSA. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2023–04386 Filed 3–2–23; 8:45 am] BILLING CODE 4910–EX–P PO 00000 Frm 00068 Fmt 4703 Sfmt 4703 13489 DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA–2023–0071] Parts and Accessories Necessary for Safe Operation; Exemption Application From Waymo LLC, and Aurora Operations, Inc. Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice of application for exemption; request for comments. AGENCY: FMCSA announces that it has received an application from Waymo LLC, and Aurora Operations, Inc. (Waymo/Aurora) for a 5-year exemption from the required placement of warning devices around stopped commercial motor vehicles (CMVs); the requirement that lamps for warning devices be steady-burning; and the utilization of a warning device for stopped vehicles not currently allowed by Agency rules. The exemption sought would allow Waymo and Aurora to operate CMVs operated by a Level 4 automated driving system (ADS) equipped with warning beacons mounted on the truck cab in lieu of traditional warning devices placed around a stopped autonomous CMV, as required by current regulations. FMCSA requests public comment on the applicant’s request for exemption. DATES: Comments must be received on or before April 3, 2023. ADDRESSES: You may submit comments identified by Federal Docket Management System (FDMS) Number FMCSA–2023–0071 by any of the following methods: • Federal eRulemaking Portal: www.regulations.gov. See the Public Participation and Request for Comments section below for further information. • 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 or Courier: West Building, Ground Floor, Room W12– 140, 1200 New Jersey Avenue SE, between 9 a.m. and 5 p.m. E.T., Monday through Friday, except Federal holidays. • Fax: (202) 493–2251. Each submission must include the Agency name and the docket number (FMCSA–2023–0071) for this notice. Note that DOT posts all comments received without change to www.regulations.gov, including any personal information included in a comment. Please see the Privacy Act heading below. SUMMARY: E:\FR\FM\03MRN1.SGM 03MRN1

Agencies

[Federal Register Volume 88, Number 42 (Friday, March 3, 2023)]
[Notices]
[Pages 13487-13489]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-04386]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2015-0323; FMCSA-2016-0007; FMCSA-2016-0008; FMCSA-
2018-0052; FMCSA-2019-0036; FMCSA-2020-0046; FMCSA-2020-0047]


Qualification of Drivers; Exemption Applications; Epilepsy and 
Seizure Disorders

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), Department 
of Transportation (DOT).

ACTION: Notice of renewal of exemptions; request for comments.

-----------------------------------------------------------------------

SUMMARY: FMCSA announces its decision to renew exemptions for eight 
individuals from the requirement in the Federal Motor Carrier Safety

[[Page 13488]]

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:  The exemptions are applicable on March 17, 2023. The exemptions 
expire on March 17, 2025. Comments must be received on or before April 
3, 2023.

ADDRESSES: You may submit comments identified by the Federal Docket 
Management System (Docket No. FMCSA-2015-0323, Docket No. FMCSA-2016-
0007, Docket No. FMCSA-2016-0008, Docket No. FMCSA-2018-0052, Docket 
No. FMCSA-2019-0036, Docket No. FMCSA-2020-0046, or Docket No. FMCSA-
2020-0047) using any of the following methods:
     Federal eRulemaking Portal: Go to www.regulations.gov/, 
insert the docket number (FMCSA-2015-0323, FMCSA-2016-0007, FMCSA-2016-
0008, FMCSA-2018-0052, FMCSA-2019-0036, FMCSA-2020-0046, or FMCSA-2020-
0047) in the keyword box and click ``Search.'' Next, sort the results 
by ``Posted (Newer-Older),'' choose the first notice listed, and click 
on the ``Comment'' button. 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 20590-0001 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, FMCSA, DOT, 1200 New Jersey Avenue SE, Room 
W64-224, Washington, DC 20590-0001, (202) 366-4001, 
[email protected]. 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-2015-0323, Docket No. FMCSA-2016-0007, Docket 
No. FMCSA-2016-0008, Docket No. FMCSA-2018-0052, Docket No. FMCSA-2019-
0036, Docket No. FMCSA-2020-0046, or Docket No. FMCSA-2020-0047), 
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 www.regulations.gov/, insert 
the docket number (FMCSA-2015-0323, FMCSA-2016-0007, FMCSA-2016-0008, 
FMCSA-2018-0052, FMCSA-2019-0036, FMCSA-2020-0046, or FMCSA-2020-0047) 
in the keyword box and click ``Search.'' Next, sort the results by 
``Posted (Newer-Older),'' choose the first notice listed, click the 
``Comment'' 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 8\1/2\ by 11 inches, suitable for 
copying and electronic filing. FMCSA will consider all comments and 
material received during the comment period.

B. Viewing Comments

    To view comments go to www.regulations.gov. Insert the docket 
number (FMCSA-2015-0323, FMCSA-2016-0007, FMCSA-2016-0008, FMCSA-2018-
0052, FMCSA-2019-0036, FMCSA-2020-0046, or FMCSA-2020-0047) 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.

C. Privacy Act

    In accordance with 49 U.S.C. 31315(b)(6), DOT solicits comments 
from the public on the exemption request. 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 (Federal Docket Management System), which can be 
reviewed at https://www.transportation.gov/individuals/privacy/privacy-act-system-records-notices, the comments are searchable by the name of 
the submitter.

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 statutes also allow the Agency to renew exemptions at 
the end of the 5-year period. However, 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 physical qualification standard for drivers regarding epilepsy 
found in 49 CFR 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.
---------------------------------------------------------------------------

    \1\ These criteria may be found in APPENDIX A TO PART 391--
MEDICAL ADVISORY CRITERIA, section H. Epilepsy: Sec.  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.
---------------------------------------------------------------------------

    The eight individuals listed in this notice have requested renewal 
of their exemptions from the epilepsy and seizure disorders prohibition 
in Sec.  391.41(b)(8), in accordance with FMCSA procedures. 
Accordingly, FMCSA has evaluated these

[[Page 13489]]

applications for renewal on their merits and decided to extend each 
exemption for a renewable 2-year period.

III. Request for Comments

    Interested parties or organizations possessing information that 
would otherwise show that any, or all, of these drivers are not 
currently achieving the statutory level of safety should immediately 
notify FMCSA. The Agency will evaluate any adverse evidence submitted 
and, if safety is being compromised or if continuation of the exemption 
would not be consistent with the goals and objectives of 49 U.S.C. 
31136(e) and 31315(b), FMCSA will take immediate steps to revoke the 
exemption of a driver.

IV. Basis for Renewing Exemptions

    In accordance with 49 U.S.C. 31136(e) and 31315(b), each of the 
eight applicants has satisfied the renewal conditions for obtaining an 
exemption from the epilepsy and seizure disorders prohibition. The 
eight drivers in this notice remain in good standing with the Agency, 
have maintained their medical monitoring and have not exhibited any 
medical issues that would compromise their ability to safely operate a 
CMV during the previous 2-year exemption period. In addition, for 
commercial driver's license (CDL) holders, the Commercial Driver's 
License Information System and the Motor Carrier Management Information 
System are searched for crash and violation data. For non-CDL holders, 
the Agency reviews the driving records from the State Driver's 
Licensing Agency. These factors provide an adequate basis for 
predicting each driver's ability to continue to safely operate a CMV in 
interstate commerce. Therefore, FMCSA concludes that extending the 
exemption for each renewal applicant for a period of 2 years is likely 
to achieve a level of safety equal to that existing without the 
exemption.
    As of March 17, 2023, 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:

Kenneth Elder (KY)
Demetris Furman (SD)
Scott Habeck (SD)
Todd Hines (OH)
Scott Ready, Sr. (WI)
Harold Seaton (KY)
Thomas Smutnik (PA)
Tara Vanhorne (PA)

    The drivers were included in docket number FMCSA-2015-0323, FMCSA-
2016-0007, FMCSA-2016-0008, FMCSA-2018-0052, FMCSA-2019-0036, FMCSA-
2020-0046, or FMCSA-2020-0047. Their exemptions are applicable as of 
March 17, 2023 and will expire on March 17, 2025.

V. Conditions and Requirements

    The exemptions are extended subject to the following conditions: 
(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 Sec.  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 self-employed. The driver must 
also have a copy of the exemption when driving, for presentation to a 
duly authorized Federal, State, or local enforcement official. The 
exemption will be rescinded if: (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 before it was 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).

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 on its evaluation of the eight exemption applications, FMCSA 
renews the exemptions of the aforementioned drivers from the epilepsy 
and seizure disorders prohibition in Sec.  391.41(b)(8). In accordance 
with 49 U.S.C. 31136(e) and 31315(b), each exemption will be valid for 
2 years unless revoked earlier by FMCSA.

Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2023-04386 Filed 3-2-23; 8:45 am]
BILLING CODE 4910-EX-P
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