Qualification of Drivers; Exemption Applications; Epilepsy and Seizure Disorders, 22084-22086 [2023-07649]
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Federal Register / Vol. 88, No. 70 / Wednesday, April 12, 2023 / Notices
Application for renewal of consumptive use
of up to 0.099 mgd (30-day average) (Docket
No. 20080613).
6. Project Sponsor and Facility: Dillsburg
Area Authority, Carroll Township, York
County, Pa. Application for renewal of
groundwater withdrawal of up to 0.460 mgd
(30-day average) from Well 7 (Docket No.
20070907).
7. Project Sponsor: Glenn O. Hawbaker,
Inc. Project Facility: Naginey Facility
(Naginey Quarry Processing Pond), Armagh
Township, Mifflin County, Pa. Modification
to increase groundwater withdrawal (30-day
average) by an additional 0.425 mgd, for a
total groundwater withdrawal of up to 0.725
mgd (Docket No. 20211204).
8. Project Sponsor: Hazleton City
Authority. Project Facility: Delano Division,
Mahanoy Township, Schuylkill County, Pa.
Application for groundwater withdrawal of
up to 0.275 mgd (30-day average) from Park
Place Well 1.
9. Project Sponsor and Facility: HillandaleGettysburg, L.P., Tyrone Township, Adams
County, Pa. Application for groundwater
withdrawal of up to 0.050 mgd (30-day
average) from Well 5.
10. Project Sponsor and Facility: LDG
Innovation, LLC (Tioga River), Lawrenceville
Borough, Tioga County, Pa. Application for
renewal of surface water withdrawal of up to
0.750 mgd (peak day) (Docket No. 20180603).
11. Project Sponsor: Milton Hershey
School. Project Facility: Spring Creek Golf
Course, Derry Township, Dauphin County,
Pa. Application for renewal of consumptive
use of up to 0.081 mgd (peak day) (Docket
No. 20080615).
12. Project Sponsor and Facility: Mountain
Energy Services, Inc. (Tunkhannock Creek),
Tunkhannock Township, Wyoming County,
Pa. Application for renewal of surface water
withdrawal of up to 1.498 mgd (peak day)
(Docket No. 20180605).
13. Project Sponsor: New Enterprise Stone
& Lime Co., Inc. Project Facility: Laflin
Quarry, Plains Township, Luzerne County,
Pa. Applications for consumptive use (peak
day) of up to 0.040 mgd and groundwater
withdrawals (30-day averages) of up to 0.110
mgd from Well 1, 0.132 mgd from Well 2,
0.484 mgd from Well 3, 0.110 mgd from Well
4, 0.209 mgd from Well 5, and 0.209 mgd
from Well 6.
14. Project Sponsor and Facility: Nicholas
Meat, LLC, Greene Township, Clinton
County, Pa. Applications for groundwater
withdrawals (30-day averages) of up to 0.288
mgd from Well WS–1, 0.173 mgd from Well
WS–3, and 0.144 mgd from Well WS–4.
15. Project Sponsor and Facility: Northeast
Marcellus Aqua Midstream I, LLC
(Susquehanna River), Tunkhannock
Township, Wyoming County, Pa. Application
for renewal of surface water withdrawal of up
to 5.000 mgd (peak day) (Docket No.
20200919).
16. Project Sponsor and Facility:
Pennsylvania General Energy Company,
L.L.C. (Pine Creek), Watson Township,
Lycoming County, Pa. Application for
renewal of surface water withdrawal of up to
0.918 mgd (peak day) (Docket No. 20180608).
17. Project Sponsor and Facility: Pilgrim’s
Oak Golf Course (Peters Creek and Unnamed
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Tributary to Peters Creek), Drumore
Township, Lancaster County, Pa.
Applications for renewal of surface water
withdrawal of up to 0.237 mgd (peak day)
and consumptive use of up to 0.237 mgd (30day average) (Docket No. 19980505).
18. Project Sponsor and Facility: ProEnvironmental, LLC (Martins Creek), Lathrop
Township, Susquehanna County, Pa.
Application for renewal of surface water
withdrawal of up to 0.999 mgd (peak day)
(Docket No. 20180609).
19. Project Sponsor and Facility: Repsol
Oil & Gas USA, LLC (Fall Brook), Troy
Township, Bradford County, Pa. Application
for renewal of surface water withdrawal of up
to 0.176 mgd (peak day) (Docket No.
20180610).
20. Project Sponsor and Facility: Repsol
Oil & Gas USA, LLC (Unnamed Tributary to
North Branch Sugar Creek), Columbia
Township, Bradford County, Pa. Application
for renewal of surface water withdrawal of up
to 0.926 mgd (peak day) (Docket No.
20180611).
21. Project Sponsor and Facility: State
College Borough Water Authority, Benner
Township, Centre County, Pa. Applications
for renewal of groundwater withdrawals (30day averages) of up to 2.160 mgd from Well
62, 0.720 mgd from Well 63, 0.850 mgd from
Well 64, and 0.720 mgd from Well 65 (Docket
No. 19920102).
22. Project Sponsor and Facility: Sugar
Hollow Water Services LLC (Bowman Creek),
Eaton Township, Wyoming County, Pa.
Application for renewal of surface water
withdrawal of up to 0.249 mgd (peak day)
(Docket No. 20180612).
23. Project Sponsor and Facility:
Susquehanna Gas Field Services, LLC
(Susquehanna River), Meshoppen Township,
Wyoming County, Pa. Application for
renewal of surface water withdrawal of up to
1.650 mgd (peak day) (Docket No. 20180614).
24. Project Sponsor and Facility: SWN
Production Company, LLC (Cowanesque
River), Deerfield Township, Tioga County,
Pa. Application for surface water withdrawal
of up to 1.500 mgd (peak day).
25. Project Sponsor and Facility: Titanium
Metals Corporation (TIMET), Caernarvon
Township, Berks County, Pa. Application for
renewal of consumptive use of up to 0.177
mgd (30-day average) (Docket No. 20080616).
26. Project Sponsor and Facility: Town Big
Flats, Chemung County, N.Y. Applications
for renewal with an increase of groundwater
withdrawals (30-day averages) of up to 0.577
mgd from WD 2-Well 1 and 0.365 mgd from
WD 2-Well 2 (Docket No. 19910304).
27. Project Sponsor and Facility: Town of
Erwin, Steuben County, N.Y. Application for
groundwater withdrawal of up to 1.440 mgd
(30-day average) from Well 7.
Commission-Initiated Project Approval
Modification
28. Project Sponsor and Facility: Village of
Oxford, Town of Oxford, Chenango County,
N.Y. Conforming the grandfathered amount
with the forthcoming determination for
groundwater withdrawals (30-day averages)
of up to 0.402 mgd from Well 1 and 0.099
mgd from Well 2 (Docket No. 20040601).
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Opportunity To Appear and Comment
Interested parties may call into the
hearing to offer comments to the
Commission on any business listed
above required to be the subject of a
public hearing. Given the nature of the
meeting, the Commission strongly
encourages those members of the public
wishing to provide oral comments to
pre-register with the Commission by
emailing Jason Oyler at joyler@srbc.net
before the hearing date. The presiding
officer reserves the right to limit oral
statements in the interest of time and to
control the course of the hearing
otherwise. Access to the hearing via
telephone will begin at 6:15 p.m.
Guidelines for the public hearing are
posted on the Commission’s website,
www.srbc.net, before the hearing for
review. The presiding officer reserves
the right to modify or supplement such
guidelines at the hearing. Written
comments on any business listed above
required to be the subject of a public
hearing may also be mailed to Mr. Jason
Oyler, Secretary to the Commission,
Susquehanna River Basin Commission,
4423 North Front Street, Harrisburg, Pa.
17110–1788, or submitted electronically
through https://www.srbc.net/
regulatory/public-comment/. Comments
mailed or electronically submitted must
be received by the Commission on or
before Monday, May 15, 2023, to be
considered.
Authority: Pub. L. 91–575, 84 Stat.
1509 et seq., 18 CFR parts 806, 807, and
808.
Dated: April 6, 2023.
Jason E. Oyler,
General Counsel and Secretary to the
Commission.
[FR Doc. 2023–07602 Filed 4–11–23; 8:45 am]
BILLING CODE 7040–01–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2014–0379; FMCSA–
2016–0011; FMCSA–2016–0313; FMCSA–
2018–0057; FMCSA–2020–0045; FMCSA–
2020–0047; FMCSA–2020–0053]
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 13
SUMMARY:
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Federal Register / Vol. 88, No. 70 / Wednesday, April 12, 2023 / Notices
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 stated in
the discussions below. Comments must
be received on or before May 12, 2023.
ADDRESSES: You may submit comments
identified by the Federal Docket
Management System Docket No.
FMCSA–2014–0379, Docket No.
FMCSA–2016–0011, Docket No.
FMCSA–2016–0313, Docket No.
FMCSA–2018–0057, Docket No.
FMCSA–2020–0045, Docket No.
FMCSA–2020–0047, or Docket No.
FMCSA–2020–0053 using any of the
following methods:
• Federal eRulemaking Portal: Go to
www.regulations.gov/, insert the docket
number (FMCSA–2014–0379, FMCSA–
2016–0011, FMCSA–2016–0313,
FMCSA–2018–0057, FMCSA–2020–
0045, FMCSA–2020–0047, or FMCSA–
2020–0053) 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
VerDate Sep<11>2014
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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–2014–0379,
Docket No. FMCSA–2016–0011, Docket
No. FMCSA–2016–0313, Docket No.
FMCSA–2018–0057, Docket No.
FMCSA–2020–0045, Docket No.
FMCSA–2020–0047 or Docket No.
FMCSA–2020–0053), 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–2014–0379, FMCSA–
2016–0011, FMCSA–2016–0313,
FMCSA–2018–0057, FMCSA–2020–
0045, FMCSA–2020–0047, or FMCSA–
2020–0053) 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–2014–0379, FMCSA–
2016–0011, FMCSA–2016–0313,
FMCSA–2018–0057, FMCSA–2020–
0045, FMCSA–2020–0047, or FMCSA–
2020–0053) 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
PO 00000
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22085
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-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 13 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
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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Federal Register / Vol. 88, No. 70 / Wednesday, April 12, 2023 / Notices
FMCSA procedures. Accordingly,
FMCSA has evaluated these
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 13 applicants
has satisfied the renewal conditions for
obtaining an exemption from the
epilepsy and seizure disorders
prohibition. The 13 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.
In accordance with 49 U.S.C. 31136(e)
and 31315(b), the following groups of
drivers received renewed exemptions in
the month of April and are discussed
below.
As of April 2, 2023, 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:
Sayed Abbed (IL)
Steven Claphan (MI)
Brian Klein (IN)
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exemption with respect to a person
operating under the exemption.
Thomas Marx (WA)
Jeb McCulla (LA)
Jeffrey Smith, Jr. (FL)
Eric Smits (WI)
The drivers were included in docket
number FMCSA–2020–0045, FMCSA–
2020–0047, or FMCSA–2020–0053.
Their exemptions are applicable as of
April 2, 2023 and will expire on April
2, 2025.
As of April 30, 2023, and in
accordance with 49 U.S.C. 31136(e) and
31315(b), the following six individuals
have satisfied the renewal conditions for
obtaining an exemption from the
epilepsy and seizure disorders
prohibition in the FMCSRs for interstate
CMV drivers:
Ryan Babler (WI)
Bradley Hollister (PA)
Sheldon Martin (NY)
Larry Nicholson (NC)
Edgar Snapp (IN)
Daniel Zielinski (OR)
The drivers were included in docket
number FMCSA–2014–0379, FMCSA–
2016–0011, FMCSA–2016–0313, or
FMCSA–2018–0057. Their exemptions
are applicable as of April 30, 2023 and
will expire on April 30, 2025.
Larry W. Minor,
Associate Administrator for Policy.
V. Conditions and Requirements
AGENCY:
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
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VII. Conclusion
Based on its evaluation of the 13
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.
[FR Doc. 2023–07649 Filed 4–11–23; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[FMCSA Docket No. FMCSA–2023–0029]
Qualification of Drivers; Exemption
Applications; Epilepsy and Seizure
Disorders
Federal Motor Carrier Safety
Administration (FMCSA), Department
of Transportation (DOT).
ACTION:
Notice of final disposition.
FMCSA announces its
decision to exempt six 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 operate CMVs in
interstate commerce.
SUMMARY:
The exemptions are applicable
on March 31, 2023. The exemptions
expire on March 31, 2025.
DATES:
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
material to the docket, contact Dockets
Operations, (202) 366–9826.
FOR FURTHER INFORMATION CONTACT:
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]]>Agencies
[Federal Register Volume 88, Number 70 (Wednesday, April 12, 2023)]
[Notices]
[Pages 22084-22086]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-07649]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2014-0379; FMCSA-2016-0011; FMCSA-2016-0313; FMCSA-
2018-0057; FMCSA-2020-0045; FMCSA-2020-0047; FMCSA-2020-0053]
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 13
[[Page 22085]]
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 stated in
the discussions below. Comments must be received on or before May 12,
2023.
ADDRESSES: You may submit comments identified by the Federal Docket
Management System Docket No. FMCSA-2014-0379, Docket No. FMCSA-2016-
0011, Docket No. FMCSA-2016-0313, Docket No. FMCSA-2018-0057, Docket
No. FMCSA-2020-0045, Docket No. FMCSA-2020-0047, or Docket No. FMCSA-
2020-0053 using any of the following methods:
Federal eRulemaking Portal: Go to www.regulations.gov/,
insert the docket number (FMCSA-2014-0379, FMCSA-2016-0011, FMCSA-2016-
0313, FMCSA-2018-0057, FMCSA-2020-0045, FMCSA-2020-0047, or FMCSA-2020-
0053) 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-2014-0379, Docket No. FMCSA-2016-0011, Docket
No. FMCSA-2016-0313, Docket No. FMCSA-2018-0057, Docket No. FMCSA-2020-
0045, Docket No. FMCSA-2020-0047 or Docket No. FMCSA-2020-0053),
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-2014-0379, FMCSA-2016-0011, FMCSA-2016-0313,
FMCSA-2018-0057, FMCSA-2020-0045, FMCSA-2020-0047, or FMCSA-2020-0053)
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-2014-0379, FMCSA-2016-0011, FMCSA-2016-0313, FMCSA-2018-
0057, FMCSA-2020-0045, FMCSA-2020-0047, or FMCSA-2020-0053) 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.
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\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.
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The 13 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
[[Page 22086]]
FMCSA procedures. Accordingly, FMCSA has evaluated these 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 13
applicants has satisfied the renewal conditions for obtaining an
exemption from the epilepsy and seizure disorders prohibition. The 13
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.
In accordance with 49 U.S.C. 31136(e) and 31315(b), the following
groups of drivers received renewed exemptions in the month of April and
are discussed below.
As of April 2, 2023, 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:
Sayed Abbed (IL)
Steven Claphan (MI)
Brian Klein (IN)
Thomas Marx (WA)
Jeb McCulla (LA)
Jeffrey Smith, Jr. (FL)
Eric Smits (WI)
The drivers were included in docket number FMCSA-2020-0045, FMCSA-
2020-0047, or FMCSA-2020-0053. Their exemptions are applicable as of
April 2, 2023 and will expire on April 2, 2025.
As of April 30, 2023, and in accordance with 49 U.S.C. 31136(e) and
31315(b), the following six individuals have satisfied the renewal
conditions for obtaining an exemption from the epilepsy and seizure
disorders prohibition in the FMCSRs for interstate CMV drivers:
Ryan Babler (WI)
Bradley Hollister (PA)
Sheldon Martin (NY)
Larry Nicholson (NC)
Edgar Snapp (IN)
Daniel Zielinski (OR)
The drivers were included in docket number FMCSA-2014-0379, FMCSA-
2016-0011, FMCSA-2016-0313, or FMCSA-2018-0057. Their exemptions are
applicable as of April 30, 2023 and will expire on April 30, 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 13 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. 2023-07649 Filed 4-11-23; 8:45 am]
BILLING CODE 4910-EX-P
