Qualification of Drivers; Exemption Applications; Epilepsy and Seizure Disorders, 26647-26649 [2023-09181]

Download as PDF lotter on DSK11XQN23PROD with NOTICES1 Federal Register / Vol. 88, No. 83 / Monday, May 1, 2023 / Notices established and why? Please explain your response. 8. FAA Noise Thresholds Using Single-Event or Operational Metrics. As the FAA learned from the results of the NES, people are bothered by individual aircraft noise events, but their sense of annoyance increases with the number of those noise events. Should the FAA consider employing new FAA noise thresholds 35 using single-event or operational metrics? If the answer is ‘‘yes,’’ which metrics should be used to establish the FAA noise thresholds? What should be the relevant noise exposure level for the new noise thresholds you propose? Please explain your reasoning. If the answer is ‘‘no,’’ please explain your reasoning. 9. FAA Noise Thresholds for LowFrequency Events. Should FAA establish noise thresholds 36 for lowfrequency events, such as those associated with the launch and reentry of commercial space transportation vehicles authorized by the FAA Office of Commercial Space Transportation? If the answer is ‘‘yes,’’ which metrics should be used to establish the noise thresholds? What should be the relevant noise exposure level for the new noise thresholds you propose? Please explain your reasoning. If the answer is ‘‘no,’’ please explain your reasoning. 10. Miscellaneous. What other issues or topics should the FAA consider in this review regarding noise metrics, the method of calculating them, the establishment of noise thresholds,37 or FAA’s method of communicating the change in noise exposure? Please explain your response. 11. Literature Review. In this review, the FAA will examine the body of scientific and economic literature to understand how aviation noise correlates with annoyance as well as environmental, economic, and health impacts. The FAA also will evaluate whether any of these impacts are statistically significant and the metrics that may be best suited to disclose these impacts. A bibliography of this body of research is available for review in the Background Materials tab in the Docket and as Appendix 1 to the FAA framing paper entitled, The Foundational Elements of the Federal Aviation Administration Civil Aircraft Noise Policy: The Noise Measurement System, its Component Noise Metrics, and Noise Thresholds. This framing paper is available at: https://www.faa.gov/ noisepolicyreview/NPR-framing. Please identify any studies or data regarding 35 Id. III. Public Participation Virtual Webinars The FAA recognizes that the noise policy is of interest to Federal agencies, project proponents, airport sponsors, airport and corridor communities, and the public generally. As a result, the FAA is taking steps to ensure stakeholders can request clarification, ask questions, and provide written feedback. The FAA will hold virtual webinars to provide background information regarding the review and respond to technical matters. Participants may join the virtual webinars via telephone or virtually using Zoom. Access information and registration instructions will be made available on the FAA’s Noise Policy Review website, located at https:// www.faa.gov/noisepolicyreview. If there is not sufficient time to respond to all questions asked, the FAA will make supplementary materials available on the FAA’s website at a later date, located at https://www.faa.gov/ noisepolicyreview. Further instructions on signing up and participating in the virtual webinars will be made available on the FAA’s website at a later date, located at https://www.faa.gov/ noisepolicyreview. Supporting materials and written feedback to questions to which the FAA was unable to respond during the virtual webinar will be submitted to the docket as described above and posted to the FAA’s website at https://www.faa.gov/ noisepolicyreview. We request members of the press to RSVP to the person listed in the FOR FURTHER INFORMATION CONTACT section at least two weeks prior to the meeting that you plan to attend. The U.S. Department of Transportation is committed to providing equal access to this meeting for all participants. If you need alternative formats or services because of a disability, such as sign language, interpretation, or other ancillary aids, please contact the person listed in the FOR FURTHER INFORMATION CONTACT section at least two weeks prior to the meeting that you plan to attend. How do I prepare and submit written comments? To ensure that your comments are filed correctly in the docket, please 36 Id. 37 Id. VerDate Sep<11>2014 civil aviation noise not already identified by the FAA in the bibliography that you believe the FAA should evaluate. Please explain the relevance and significance of the study or evidence and how it should inform FAA decisions regarding the policy. 17:10 Apr 28, 2023 Jkt 259001 PO 00000 Frm 00132 Fmt 4703 Sfmt 4703 26647 include the docket number of this document in your comments. Please review information available at https:// www.faa.gov/noisepolicyreview to assist you with submitting your comment to the docket using the instructions given above under ADDRESSES. Please note, if you are submitting comments electronically as PDF (Adobe) file, the FAA asks that the documents submitted be scanned using an Optical Character Recognition (OCR) process, to allow the FAA to search and copy certain portions of your submissions. The FAA will consider your comments and consider appropriate revisions to its policy. The FAA will publish in the Federal Register a notice announcing the revisions it expects to make to its policy and identify the relevant agency documents that will express the revised policy, which elements of the agency document it expects to modify, and the process the FAA will use to issue and implement the revised policy. Will the FAA consider late comments? The FAA will consider all comments received before the close of business on the comment closing date indicated above under DATES. To the extent possible, the FAA will also consider comments received after that date. How can I read the comments submitted by others? You may read the comments received on the internet, identified by the docket number at the heading of this notice, at https://www.regulations.gov. You may also read comments at the address given above under ADDRESSES. Issued in Washington, DC. Kevin Welsh, Executive Director, Office of Environment and Energy. [FR Doc. 2023–09113 Filed 4–28–23; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA–2018–0054; FMCSA– 2018–0057; FMCSA–2020–0045] 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: E:\FR\FM\01MYN1.SGM 01MYN1 26648 Federal Register / Vol. 88, No. 83 / Monday, May 1, 2023 / Notices FMCSA announces its decision to renew exemptions for three 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: The exemptions are applicable on May 15, 2023. The exemptions expire on May 15, 2025. Comments must be received on or before May 31, 2023. ADDRESSES: You may submit comments identified by the Federal Docket Management System Docket No. FMCSA–2018–0054, Docket No. FMCSA–2018–0057, or Docket No. FMCSA–2020–0045 using any of the following methods: • Federal eRulemaking Portal: Go to www.regulations.gov/, insert the docket number (FMCSA–2018–0054, FMCSA– 2018–0057, or FMCSA–2020–0045) 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 material to the docket, contact Dockets Operations, (202) 366–9826. SUPPLEMENTARY INFORMATION: lotter on DSK11XQN23PROD with NOTICES1 SUMMARY: VerDate Sep<11>2014 17:10 Apr 28, 2023 Jkt 259001 I. Public Participation A. Submitting Comments If you submit a comment, please include the docket number for this notice (Docket No. FMCSA–2018–0054, Docket No. FMCSA–2018–0057, or Docket No. FMCSA–2020–0045), 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–2018–0054, FMCSA– 2018–0057, or FMCSA–2020–0045) 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–2018–0054, FMCSA– 2018–0057, or FMCSA–2020–0045) 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 PO 00000 Frm 00133 Fmt 4703 Sfmt 4703 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 three 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 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 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\01MYN1.SGM 01MYN1 Federal Register / Vol. 88, No. 83 / Monday, May 1, 2023 / Notices 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. lotter on DSK11XQN23PROD with NOTICES1 IV. Basis for Renewing Exemptions In accordance with 49 U.S.C. 31136(e) and 31315(b), each of the three applicants has satisfied the renewal conditions for obtaining an exemption from the epilepsy and seizure disorders prohibition. The three 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 May 15, 2023, 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: Kevin Addington (PA); Jose F.J. Maciel (CA); and John Shainline (PA). The drivers were included in docket number FMCSA–2018–0054, FMCSA– 2018–0057, or FMCSA–2020–0045. Their exemptions are applicable as of May 15, 2023 and will expire on May 15, 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 VerDate Sep<11>2014 17:10 Apr 28, 2023 Jkt 259001 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 three 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. 2023–09181 Filed 4–28–23; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF THE TREASURY Bureau of the Fiscal Service Proposed Collection of Information: Claim for Relief on Account of Loss, Theft, or Destruction of U.S. Registered Securities Notice and request for comments. ACTION: The Department of the Treasury, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to take this opportunity to comment on proposed and/or continuing information collections, as required by the Paperwork Reduction Act of 1995. Currently the Bureau of the Fiscal Service within the Department of the Treasury is soliciting comments concerning the Claim for Relief on SUMMARY: PO 00000 Frm 00134 Fmt 4703 Sfmt 9990 26649 Account of Loss, Theft, or Destruction of U.S. Registered Securities. Written comments should be received on or before June 30, 2023 to be assured of consideration. DATES: Direct all written comments and requests for additional information to Bureau of the Fiscal Service, Bruce A. Sharp, Room #4006–A, P.O. Box 1328, Parkersburg, WV 26106–1328, or bruce.sharp@fiscal.treasury.gov. ADDRESSES: SUPPLEMENTARY INFORMATION: Title: Claim for Relief on Account of Loss, Theft, or Destruction of U.S. Registered Securities. OMB Number: 1530–0029. Form Number: FS Form 1025. Abstract: The information is requested to establish ownership and support a request for relief due to the loss, theft, or destruction of United States Registered Securities. Current Actions: Extension of a currently approved collection. Type of Review: Regular. Affected Public: Individuals or Households. Estimated Number of Respondents: 10. Estimated Time per Respondent: 55 minutes. Estimated Total Annual Burden Hours: 9. Request for Comments: Comments submitted in response to this notice will be summarized and/or included in the request for OMB approval. All comments will become a matter of public record. Comments are invited on: 1. Whether the collection of information is necessary for the proper performance of the functions of the agency, including whether the information shall have practical utility; 2. the accuracy of the agency’s estimate of the burden of the collection of information; 3. ways to enhance the quality, utility, and clarity of the information to be collected; 4. ways to minimize the burden of the collection of information on respondents, including through the use of automated collection techniques or other forms of information technology; and 5. estimates of capital or start-up costs and costs of operation, maintenance, and purchase of services to provide information. Dated: April 26, 2023. Bruce A. Sharp, Bureau PRA Clearance Officer. [FR Doc. 2023–09166 Filed 4–28–23; 8:45 am] BILLING CODE 4810–AS–P E:\FR\FM\01MYN1.SGM 01MYN1

Agencies

[Federal Register Volume 88, Number 83 (Monday, May 1, 2023)]
[Notices]
[Pages 26647-26649]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-09181]


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

DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2018-0054; FMCSA-2018-0057; FMCSA-2020-0045]


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.

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

[[Page 26648]]

SUMMARY: FMCSA announces its decision to renew exemptions for three 
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: The exemptions are applicable on May 15, 2023. The exemptions 
expire on May 15, 2025. Comments must be received on or before May 31, 
2023.

ADDRESSES: You may submit comments identified by the Federal Docket 
Management System Docket No. FMCSA-2018-0054, Docket No. FMCSA-2018-
0057, or Docket No. FMCSA-2020-0045 using any of the following methods:
     Federal eRulemaking Portal: Go to www.regulations.gov/, 
insert the docket number (FMCSA-2018-0054, FMCSA-2018-0057, or FMCSA-
2020-0045) 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-2018-0054, Docket No. FMCSA-2018-0057, or 
Docket No. FMCSA-2020-0045), 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-2018-0054, FMCSA-2018-0057, or FMCSA-2020-
0045) 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-2018-0054, FMCSA-2018-0057, or FMCSA-2020-0045) 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 three 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 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

[[Page 26649]]

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 
three applicants has satisfied the renewal conditions for obtaining an 
exemption from the epilepsy and seizure disorders prohibition. The 
three 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 May 15, 2023, 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:
    Kevin Addington (PA); Jose F.J. Maciel (CA); and John Shainline 
(PA).
    The drivers were included in docket number FMCSA-2018-0054, FMCSA-
2018-0057, or FMCSA-2020-0045. Their exemptions are applicable as of 
May 15, 2023 and will expire on May 15, 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 three 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. 2023-09181 Filed 4-28-23; 8:45 am]
BILLING CODE 4910-EX-P
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