Qualification of Drivers; Exemption Applications; Epilepsy and Seizure Disorders, 33664-33665 [2023-11065]

Download as PDF 33664 Federal Register / Vol. 88, No. 100 / Wednesday, May 24, 2023 / Notices 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 final disposition. AGENCY: FMCSA announces its decision to renew exemptions for 13 individuals from the requirement in the Federal Motor Carrier Safety Regulations (FMCSRs) that interstate commercial motor vehicle (CMV) drivers have ‘‘no established medical history or clinical diagnosis of epilepsy or any other condition which is likely to cause loss of consciousness or any loss of ability to control a CMV.’’ The exemptions enable these individuals who have had one or more seizures and are taking anti-seizure medication to continue to operate CMVs in interstate commerce. DATES: Each group of renewed exemptions were applicable on the dates stated in the discussions below and will expire on the dates provided below. SUMMARY: 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: FOR FURTHER INFORMATION CONTACT: ddrumheller on DSK120RN23PROD with NOTICES1 I. Public Participation A. 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 VerDate Sep<11>2014 18:38 May 23, 2023 Jkt 259001 on the ground floor of the DOT West Building, 1200 New Jersey Avenue SE, Washington, DC 20590–0001, between 9 a.m. and 5 p.m. ET Monday through Friday, except Federal holidays. To be sure someone is there to help you, please call (202) 366–9317 or (202) 366– 9826 before visiting Dockets Operations. B. Privacy Act In accordance with 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 On April 12, 2023, FMCSA published a notice announcing its decision to renew exemptions for 13 individuals from the epilepsy and seizure disorders prohibition in 49 CFR 391.41(b)(8) to operate a CMV in interstate commerce and requested comments from the public (88 FR 22084). The public comment period ended on May 12, 2023, and one comment was received. FMCSA has evaluated the eligibility of these applicants and determined that renewing these exemptions would likely achieve a level of safety that is equivalent to, or greater than, the level that would be achieved by complying with § 391.41(b)(8). The physical qualification standard for drivers regarding epilepsy found in § 391.41(b)(8) states that a person is physically qualified to drive a CMV if that person has no established medical history or clinical diagnosis of epilepsy or any other condition which is likely to cause the loss of consciousness or any loss of ability to control a CMV. In addition to the regulations, FMCSA has published advisory criteria 1 to assist medical examiners in determining whether drivers with certain medical conditions are qualified to operate a CMV in interstate commerce. III. Discussion of Comments FMCSA received one comment in this proceeding. The commenter believes the requirement for number of years an 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. PO 00000 Frm 00104 Fmt 4703 Sfmt 4703 applicant is seizure free should be extended for a longer period. FMCSA has granted these exemptions on the basis that all applicants have maintained their medical monitoring and have not exhibited any medical issues that would compromise their ability to safely operate a CMV. In addition, these applicants have been consistently monitored throughout their time of holding an exemption showing the maintenance of their conditions. IV. Conclusion Based on its evaluation of the 13 renewal exemption applications and comments received, FMCSA announces its decision to exempt the following drivers from the epilepsy and seizure disorders prohibition in § 391.41(b)(8). In accordance with 49 U.S.C. 31136(e) and 31315(b), the following groups of drivers received renewed exemptions in the month of 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 (88 FR 22084): 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–2020–0047. Their exemptions were 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 (88 FR 22084): 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 were applicable as of April 30, 2023 and will expire on April 30, 2025. In accordance with 49 U.S.C. 31315(b), each exemption will be valid E:\FR\FM\24MYN1.SGM 24MYN1 Federal Register / Vol. 88, No. 100 / Wednesday, May 24, 2023 / Notices for 2 years from the effective date unless revoked earlier by FMCSA. The exemption will be revoked if the following occurs: (1) the person fails to comply with the terms and conditions of the exemption; (2) the exemption has resulted in a lower level of safety than was maintained prior to being granted; or (3) continuation of the exemption would not be consistent with the goals and objectives of 49 U.S.C. 31136(e) and 31315(b). Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2023–11065 Filed 5–23–23; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION Federal Transit Administration Notice of Meeting of the Transit Advisory Committee for Safety Federal Transit Administration, Department of Transportation. ACTION: Notice of public meeting. AGENCY: The Federal Transit Administration (FTA) announces a public meeting of the Transit Advisory Committee for Safety (TRACS). DATES: The TRACS meeting will be held on June 7, 2023, from 10:00 a.m. to 5:00 p.m., and June 8, 2023, from 10:00 a.m. to 2:00 p.m., Eastern Time. This will be a hybrid meeting, taking place both in person at the U.S. Department of Transportation (DOT) Headquarters and virtually via Zoom for Government. Requests to attend the meeting in person or virtually must be received no later than May 31, 2023. Requests for disability accommodations must be received no later than May 31, 2023. Requests to verbally address the committee during the meeting must be submitted with a written copy of the remarks to DOT no later than May 31, 2023. Requests to submit written materials to be reviewed during the meeting must be received no later than May 31, 2023. ADDRESSES: The meeting will be held in person at DOT Headquarters, 1200 New Jersey Avenue SE, Washington, District of Columbia, 20590 and virtually via Zoom for Government. Any committee related requests should be sent by email to TRACS@dot.gov. The virtual meeting’s online access link and a detailed agenda will be provided upon registration. They will also be posted on the TRACS web page at: https:// www.transit.dot.gov/regulations-andguidance/safety/transit-advisorycommittee-safety-tracs one week in advance of the meeting. A copy of the ddrumheller on DSK120RN23PROD with NOTICES1 SUMMARY: VerDate Sep<11>2014 18:38 May 23, 2023 Jkt 259001 meeting minutes and other TRACSrelated information will also be available on the TRACS web page. FOR FURTHER INFORMATION CONTACT: Joseph DeLorenzo, TRACS Designated Federal Officer, Associate Administrator, FTA Office of Transit Safety and Oversight, Joseph.DeLorenzo@dot.gov; or Bridget Zamperini, TRACS Program Manager, FTA Office of Transit Safety and Oversight, (202) 366–0306, or TRACS@ dot.gov. SUPPLEMENTARY INFORMATION: This notice is provided in accordance with the Federal Advisory Committee Act (FACA) (Pub. L. 92–463, 5 U.S.C. app. 2). TRACS is composed of up to 25 members representing a broad base of perspectives on transit safety necessary to discharge its responsibilities. Please see the TRACS web page for additional information at https:// www.transit.dot.gov/regulations-andguidance/safety/transit-advisorycommittee-safety-tracs. I. Background The U.S. Secretary of Transportation (Secretary) established TRACS in accordance with FACA to provide information, advice, and recommendations to the Secretary and FTA Administrator on matters relating to the safety of public transportation systems. II. Agenda • Welcome Remarks and Introductions • Overview of Hybrid Meeting Platform Functions • Review of TRACS Tasks, Subcommittees, and Subcommittee Work Plans: 1. Advancing Rider and Worker Safety 2. Reducing Bus Collisions 3. Cyber and Data Security Systems • Subcommittee Breakout Working Sessions • Public Comments • Summary of Deliverables, Next Steps, and Concluding Remarks III. Public Participation PO 00000 Frm 00105 Fmt 4703 Sfmt 4703 DOT 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 email address listed in the ADDRESSES section. There will be a total of 60 minutes allotted for oral comments from members of the public at the meeting. To accommodate as many speakers as possible, the time for each commenter may be limited. Individuals wishing to reserve speaking time during the meeting must submit a request at the time of registration, to include the individual’s name, address, and organizational affiliation to the email address listed in the ADDRESSES section. Written and oral comments for consideration by TRACS during the meeting must be submitted no later than the deadline listed in the DATES section to ensure transmission to TRACS members prior to the meeting. Comments received after that date will be distributed to the members but may not be reviewed prior to the meeting. Nuria I. Fernandez, Administrator. [FR Doc. 2023–11078 Filed 5–23–23; 8:45 am] BILLING CODE P DEPARTMENT OF THE TREASURY Office of the Comptroller of the Currency Agency Information Collection Activities: Renewal of an Approved Information Collection; Comment Request; Supervisory Guidance: Supervisory Review Process of Capital Adequacy (Pillar 2) Related to the Implementation of the Basel II Advanced Capital Framework Office of the Comptroller of the Currency, Treasury (OCC). ACTION: Notice and request for comment. AGENCY: The OCC, as part of its continuing effort to reduce paperwork and respondent burden, invites comment on a continuing information collection as required by the Paperwork Reduction Act of 1995 (PRA). In accordance with the requirements of the PRA, the OCC may not conduct or sponsor, and the respondent is not required to respond to, an information collection unless it displays a currently valid Office of Management and Budget (OMB) control number. The OCC is soliciting comment concerning the renewal of its information collection SUMMARY: The in-person attendance option will be open to the public on a first come, first served basis, as space is limited. Members of the public who wish to attend in-person are asked to register via email by submitting their name and affiliation to the email address listed in the ADDRESSES section. The virtual attendance option does not have restrictions. Members of the public who wish to attend virtually also are asked to register via email by submitting their name and affiliation to the email address listed in the ADDRESSES section. 33665 E:\FR\FM\24MYN1.SGM 24MYN1

Agencies

[Federal Register Volume 88, Number 100 (Wednesday, May 24, 2023)]
[Notices]
[Pages 33664-33665]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-11065]



[[Page 33664]]

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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 final disposition.

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

SUMMARY: FMCSA announces its decision to renew exemptions for 13 
individuals from the requirement in the Federal Motor Carrier Safety 
Regulations (FMCSRs) that interstate commercial motor vehicle (CMV) 
drivers have ``no established medical history or clinical diagnosis of 
epilepsy or any other condition which is likely to cause loss of 
consciousness or any loss of ability to control a CMV.'' The exemptions 
enable these individuals who have had one or more seizures and are 
taking anti-seizure medication to continue to operate CMVs in 
interstate commerce.

DATES: Each group of renewed exemptions were applicable on the dates 
stated in the discussions below and will expire on the dates provided 
below.

FOR FURTHER INFORMATION CONTACT: Ms. Christine A. Hydock, Chief, 
Medical Programs Division, 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. 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 on the ground floor of the 
DOT West Building, 1200 New Jersey Avenue SE, Washington, DC 20590-
0001, between 9 a.m. and 5 p.m. ET Monday through Friday, except 
Federal holidays. To be sure someone is there to help you, please call 
(202) 366-9317 or (202) 366-9826 before visiting Dockets Operations.

B. Privacy Act

    In accordance with 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

    On April 12, 2023, FMCSA published a notice announcing its decision 
to renew exemptions for 13 individuals from the epilepsy and seizure 
disorders prohibition in 49 CFR 391.41(b)(8) to operate a CMV in 
interstate commerce and requested comments from the public (88 FR 
22084). The public comment period ended on May 12, 2023, and one 
comment was received.
    FMCSA has evaluated the eligibility of these applicants and 
determined that renewing these exemptions would likely achieve a level 
of safety that is equivalent to, or greater than, the level that would 
be achieved by complying with Sec.  391.41(b)(8).
    The physical qualification standard for drivers regarding epilepsy 
found in Sec.  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.
---------------------------------------------------------------------------

III. Discussion of Comments

    FMCSA received one comment in this proceeding. The commenter 
believes the requirement for number of years an applicant is seizure 
free should be extended for a longer period.
    FMCSA has granted these exemptions on the basis that all applicants 
have maintained their medical monitoring and have not exhibited any 
medical issues that would compromise their ability to safely operate a 
CMV. In addition, these applicants have been consistently monitored 
throughout their time of holding an exemption showing the maintenance 
of their conditions.

IV. Conclusion

    Based on its evaluation of the 13 renewal exemption applications 
and comments received, FMCSA announces its decision to exempt the 
following 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), 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 (88 FR 
22084):

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-2020-0047. Their exemptions were 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 (88 FR 
22084):

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 were 
applicable as of April 30, 2023 and will expire on April 30, 2025.
    In accordance with 49 U.S.C. 31315(b), each exemption will be valid

[[Page 33665]]

for 2 years from the effective date unless revoked earlier by FMCSA. 
The exemption will be revoked if the following occurs: (1) the person 
fails to comply with the terms and conditions of the exemption; (2) the 
exemption has resulted in a lower level of safety than was maintained 
prior to being granted; or (3) continuation of the exemption would not 
be consistent with the goals and objectives of 49 U.S.C. 31136(e) and 
31315(b).

Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2023-11065 Filed 5-23-23; 8:45 am]
BILLING CODE 4910-EX-P
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