Qualification of Drivers; Exemption Applications; Epilepsy and Seizure Disorders, 74561-74562 [2023-23968]

Download as PDF Federal Register / Vol. 88, No. 209 / Tuesday, October 31, 2023 / Notices 49 CFR 391.41(b)(11) states that a person is physically qualified to drive a CMV if that person first perceives a forced whispered voice in the better ear at not less than 5 feet with or without the use of a hearing aid or, if tested by use of an audiometric device, does not have an average hearing loss in the better ear greater than 40 decibels at 500 Hz, 1,000 Hz, and 2,000 Hz with or without a hearing aid when the audiometric device is calibrated to American National Standard (formerly ASA Standard) Z24.5—1951. This standard was adopted in 1970 and was revised in 1971 to allow drivers to be qualified under this standard while wearing a hearing aid, (35 FR 6458, 6463 (Apr. 22, 1970) and 36 FR 12857 (July 8, 1971), respectively). The 13 individuals listed in this notice have requested renewal of their exemptions from the hearing standard in § 391.41(b)(11), 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. lotter on DSK11XQN23PROD 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 hearing requirement. The 13 drivers in this notice remain in good standing with the Agency. 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 of these drivers for a period of 2 years is likely to achieve a level of VerDate Sep<11>2014 17:18 Oct 30, 2023 Jkt 262001 safety equal to that existing without the exemption. As of November 19, 2023, and in accordance with 49 U.S.C. 31136(e) and 31315(b), the following 13 individuals have satisfied the renewal conditions for obtaining an exemption from the hearing requirement in the FMCSRs for interstate CMV drivers: Jeffrey Barbuto (NH) Wayne Crowl (IN) Debbie Gaskill (GA) Jason Gensler (OH) Emil Iontchev (IL) Jerrell McCrary (NC) Danny McGowan (WV) Matthew Moore (TX) Abdiwahab Olow (MN) Stuart Randles (FL) Anthony Saive (TN) Jennifer Valentine (TX) Donald Weyand (MI) The drivers were included in docket numbers FMCSA–2014–0383, FMCSA– 2014–0385, FMCSA–2014–0387, FMCSA–2018–0139, FMCSA–2019– 0109, FMCSA–2019–0110, or FMCSA– 2021–0015. Their exemptions are applicable as of November 19, 2023 and will expire on November 19, 2025. V. Conditions and Requirements The exemptions are extended subject to the following conditions: (1) each driver must report any crashes or accidents as defined in § 390.5T; and (2) report all citations and convictions for disqualifying offenses under 49 CFR parts 383 and 391 to FMCSA; and (3) each driver prohibited from operating a motorcoach or bus with passengers in interstate commerce. The driver must also have a copy of the exemption when driving, for presentation to a duly authorized Federal, State, or local enforcement official. In addition, the exemption does not exempt the individual from meeting the applicable CDL testing requirements. Each exemption will be valid for 2 years unless rescinded earlier by FMCSA. 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. PO 00000 Frm 00161 Fmt 4703 Sfmt 4703 74561 VII. Conclusion Based upon its evaluation of the 13 exemption applications, FMCSA renews the exemptions of the aforementioned drivers from the hearing requirement in § 391.41(b)(11). 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. 2023–23967 Filed 10–30–23; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA–2012–0050; FMCSA– 2014–0381; FMCSA–2015–0119; FMCSA– 2019–0028; FMCSA–2019–0031] Qualification of Drivers; Exemption Applications; Epilepsy and Seizure Disorders Federal Motor Carrier Safety Administration (FMCSA), Department of Transportation (DOT). AGENCY: ACTION: Notice of final disposition. FMCSA announces its decision to renew exemptions for 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 continue to operate CMVs in interstate commerce. SUMMARY: The exemptions were applicable on September 30, 2023. The exemptions expire on September 30, 2025. DATES: Ms. Christine A. Hydock, Chief, Medical Programs Division, FMCSA, DOT, 1200 New Jersey Avenue SE, 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: SUPPLEMENTARY INFORMATION: E:\FR\FM\31OCN1.SGM 31OCN1 74562 Federal Register / Vol. 88, No. 209 / Tuesday, October 31, 2023 / Notices I. Public Participation A. Viewing Comments To view comments, go to www.regulations.gov. Insert the docket number (FMCSA–2012–0050, FMCSA– 2014–0381, FMCSA–2015–0119, FMCSA–2019–0028, or FMCSA–2019– 0031) 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-systemrecords-notices, the comments are searchable by the name of the submitter. lotter on DSK11XQN23PROD with NOTICES1 II. Background On September 6, 2023, FMCSA published a notice announcing its decision to renew exemptions for six 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 60734). The public comment period ended on October 5, 2023, and no comments were 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. VerDate Sep<11>2014 17:18 Oct 30, 2023 Jkt 262001 In addition to the regulations, FMCSA has published advisory criteria 1 to assist medical examiners in determining whether drivers with certain medical conditions are qualified to operate a CMV in interstate commerce. III. Discussion of Comments FMCSA received no comments in this proceeding. IV. Conclusion Based on its evaluation of the six renewal exemption applications, FMCSA announces its decision to exempt the following drivers from the epilepsy and seizure disorders prohibition in § 391.41(b)(8). As of September 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 60734): Ronald Boogay (NJ) Todd Brock (CO) Gary Cox (OR) Tina Farmer (PA) Marion Franklin Legg, Jr. (MD) William Rainer, III (TX) The drivers were included in docket number FMCSA–2012–0050, FMCSA– 2014–0381, FMCSA–2015–0119, FMCSA–2019–0028, or FMCSA–2019– 0031. Their exemptions were applicable as of September 30, 2023 and will expire on September 30, 2025. In accordance with 49 U.S.C. 31315(b), each exemption will be valid for 2 years from the effective date unless revoked earlier by FMCSA. The exemption will be revoked if the following occurs: (1) the person fails to comply with the terms and conditions of the exemption; (2) the exemption has resulted in a lower level of safety than was maintained prior to being granted; or (3) continuation of the exemption would not be consistent with the goals and objectives of 49 U.S.C. 31136(e) and 31315(b). Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2023–23968 Filed 10–30–23; 8:45 am] BILLING CODE 4910–EX–P 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 00162 Fmt 4703 Sfmt 4703 DEPARTMENT OF TRANSPORTATION Federal Railroad Administration [Docket No. FRA–2010–0036] Southeastern Pennsylvania Transportation Authority’s Request To Amend Its Positive Train Control System Federal Railroad Administration (FRA), Department of Transportation (DOT). ACTION: Notice of availability and request for comments. AGENCY: This document provides the public with notice that, on October 20, 2023, the Southeastern Pennsylvania Transportation Authority (SEPTA) submitted a request for amendment (RFA) to its FRA-certified positive train control (PTC) system. FRA is publishing this notice and inviting public comment on the railroad’s RFA to its PTC system. DATES: FRA will consider comments received by November 20, 2023. FRA may consider comments received after that date to the extent practicable and without delaying implementation of valuable or necessary modifications to a PTC system. ADDRESSES: Comments: Comments may be submitted by going to https:// www.regulations.gov and following the online instructions for submitting comments. Instructions: All submissions must include the agency name and the applicable docket number. The relevant PTC docket number for this host railroad is Docket No. FRA–2010–0036. For convenience, all active PTC dockets are hyperlinked on FRA’s website at https://railroads.dot.gov/researchdevelopment/program-areas/traincontrol/ptc/railroads-ptc-dockets. All comments received will be posted without change to https:// www.regulations.gov; this includes any personal information. FOR FURTHER INFORMATION CONTACT: Gabe Neal, Staff Director, Signal, Train Control, and Crossings Division, telephone: 816–516–7168, email: Gabe.Neal@dot.gov. SUPPLEMENTARY INFORMATION: In general, title 49 United States Code (U.S.C.) section 20157(h) requires FRA to certify that a host railroad’s PTC system complies with title 49 Code of Federal Regulations (CFR) part 236, subpart I, before the technology may be operated in revenue service. Before making certain changes to an FRA-certified PTC system or the associated FRA-approved PTC Safety Plan (PTCSP), a host railroad SUMMARY: E:\FR\FM\31OCN1.SGM 31OCN1

Agencies

[Federal Register Volume 88, Number 209 (Tuesday, October 31, 2023)]
[Notices]
[Pages 74561-74562]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-23968]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2012-0050; FMCSA-2014-0381; FMCSA-2015-0119; FMCSA-
2019-0028; FMCSA-2019-0031]


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 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 continue to operate CMVs in 
interstate commerce.

DATES: The exemptions were applicable on September 30, 2023. The 
exemptions expire on September 30, 2025.

FOR FURTHER INFORMATION CONTACT: Ms. Christine A. Hydock, Chief, 
Medical Programs Division, FMCSA, DOT, 1200 New Jersey Avenue SE, 
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:

[[Page 74562]]

I. Public Participation

A. Viewing Comments

    To view comments, go to www.regulations.gov. Insert the docket 
number (FMCSA-2012-0050, FMCSA-2014-0381, FMCSA-2015-0119, FMCSA-2019-
0028, or FMCSA-2019-0031) 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 September 6, 2023, FMCSA published a notice announcing its 
decision to renew exemptions for six 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 
60734). The public comment period ended on October 5, 2023, and no 
comments were 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 no comments in this proceeding.

IV. Conclusion

    Based on its evaluation of the six renewal exemption applications, 
FMCSA announces its decision to exempt the following drivers from the 
epilepsy and seizure disorders prohibition in Sec.  391.41(b)(8).
    As of September 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 
60734):

Ronald Boogay (NJ)
Todd Brock (CO)
Gary Cox (OR)
Tina Farmer (PA)
Marion Franklin Legg, Jr. (MD)
William Rainer, III (TX)

    The drivers were included in docket number FMCSA-2012-0050, FMCSA-
2014-0381, FMCSA-2015-0119, FMCSA-2019-0028, or FMCSA-2019-0031. Their 
exemptions were applicable as of September 30, 2023 and will expire on 
September 30, 2025.
    In accordance with 49 U.S.C. 31315(b), each exemption will be valid 
for 2 years from the effective date unless revoked earlier by FMCSA. 
The exemption will be revoked if the following occurs: (1) the person 
fails to comply with the terms and conditions of the exemption; (2) the 
exemption has resulted in a lower level of safety than was maintained 
prior to being granted; or (3) continuation of the exemption would not 
be consistent with the goals and objectives of 49 U.S.C. 31136(e) and 
31315(b).

Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2023-23968 Filed 10-30-23; 8:45 am]
BILLING CODE 4910-EX-P
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