Qualification of Drivers; Exemption Applications; Epilepsy and Seizure Disorders, 80376-80377 [2023-25502]

Download as PDF 80376 Federal Register / Vol. 88, No. 221 / Friday, November 17, 2023 / Notices khammond on DSKJM1Z7X2PROD with NOTICES exemption will be effective on December 17, 2023, unless stayed pending reconsideration. Petitions to stay that do not involve environmental issues,2 formal expressions of intent to file an OFA under 49 CFR 1152.27(c)(2), and interim trail use/rail banking requests under 49 CFR 1152.29 must be filed by November 27, 2023.3 Petitions to reopen and requests for public use conditions under 49 CFR 1152.28 must be filed by December 7, 2023. All pleadings, referring to Docket No. AB 55 (Sub-No. 813X), must be filed with the Surface Transportation Board either via e-filing on the Board’s website or in writing addressed to 395 E Street SW, Washington, DC 20423–0001. In addition, a copy of each pleading must be served on CSXT’s representative, Louis E. Gitomer, 600 Baltimore Avenue, Suite 301, Towson, MD 21204. If the verified notice contains false or misleading information, the exemption is void ab initio. CSXT has filed a combined environmental and historic report that addresses the potential effects, if any, of the abandonment on the environment and historic resources. OEA will issue a Draft Environmental Assessment (Draft EA) by November 24, 2023. The Draft EA will be available to interested persons on the Board’s website, by writing to OEA, or by calling OEA at (202) 245–0294. If you require an accommodation under the Americans with Disabilities Act, please call (202) 245–0245. Comments on environmental or historic preservation matters must be filed within 15 days after the Draft EA becomes available to the public. Environmental, historic preservation, public use, or trail use/rail banking conditions will be imposed, where appropriate, in a subsequent decision. Pursuant to the provisions of 49 CFR 1152.29(e)(2), CSXT shall file a notice of consummation with the Board to signify that it has exercised the authority granted and fully abandoned the Line. If consummation has not been effected by CSXT’s filing of a notice of consummation by November 17, 2024, offer, indicating the type of financial assistance they wish to provide (i.e., subsidy or purchase) and demonstrating that they are preliminarily financially responsible. See 49 CFR 1152.27(c)(2)(i). 2 The Board will grant a stay if an informed decision on environmental issues (whether raised by a party or by the Board’s Office of Environmental Analysis (OEA) in its independent investigation) cannot be made before the exemption’s effective date. See Exemption of Out-of-Serv. Rail Lines, 5 I.C.C.2d 377 (1989). Any request for a stay should be filed as soon as possible so that the Board may take appropriate action before the exemption’s effective date. 3 Filing fees for OFAs and trail use requests can be found at 49 CFR 1002.2(f)(25) and (27), respectively. VerDate Sep<11>2014 18:57 Nov 16, 2023 Jkt 262001 and there are no legal or regulatory barriers to consummation, the authority to abandon will automatically expire. Board decisions and notices are available at www.stb.gov. Decided: November 14, 2023. By the Board, Mai T. Dinh, Director, Office of Proceedings. Stefan Rice, Clearance Clerk. [FR Doc. 2023–25474 Filed 11–16–23; 8:45 am] BILLING CODE 4915–01–P Therefore, the minimum random alcohol testing rate will remain at 10% for calendar year 2022. If you have questions about how the annual random testing percentage rates are determined, please refer to the Code of Federal Regulations title 14, section 120.109(b) (for drug testing), and 120.217(c) (for alcohol testing). Issued in Washington, DC. Susan Northrup, Federal Air Surgeon. [FR Doc. 2023–25488 Filed 11–16–23; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration DEPARTMENT OF TRANSPORTATION Random Drug and Alcohol Testing Percentage Rates of Covered Aviation Employees for the Period of January 1, 2024, Through December 31, 2024 Federal Motor Carrier Safety Administration Federal Aviation Administration (FAA), DOT. ACTION: Notice. AGENCY: The FAA has determined that the minimum random drug and alcohol testing percentage rates for the period January 1, 2024, through December 31, 2024, will remain at 25 percent of safety-sensitive employees for random drug testing and 10 percent of safetysensitive employees for random alcohol testing. FOR FURTHER INFORMATION CONTACT: Ms. Vicky Dunne, Federal Aviation Administration, Office of Aerospace Medicine, Drug Abatement Division, Program Policy Branch; Email drugabatement@faa.gov; Telephone (202) 267–8442. SUPPLEMENTARY INFORMATION: Discussion: Pursuant to 14 CFR 120.109(b), the FAA Administrator’s decision on whether to change the minimum annual random drug testing rate is based on the reported random drug test positive rate for the entire aviation industry. If the reported random drug test positive rate is less than 1.00%, the Administrator may continue the minimum random drug testing rate at 25%. In 2022, the random drug test positive rate was 0.786%. Therefore, the minimum random drug testing rate will remain at 25% for calendar year 2023. Similarly, 14 CFR 120.217(c), requires the decision on the minimum annual random alcohol testing rate to be based on the random alcohol test violation rate. If the violation rate remains less than 0.50%, the Administrator may continue the minimum random alcohol testing rate at 10%. In 2022, the random alcohol test violation rate was 0.150%. SUMMARY: PO 00000 Frm 00108 Fmt 4703 Sfmt 4703 [Docket No. FMCSA–2014–0214; FMCSA– 2015–0116; FMCSA–2019–0030; FMCSA– 2019–0031; FMCSA–2019–0033; FMCSA– 2019–0034]. 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 seven 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 October 4, 2023. The exemptions expire on October 4, 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, 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: SUMMARY: E:\FR\FM\17NON1.SGM 17NON1 Federal Register / Vol. 88, No. 221 / Friday, November 17, 2023 / Notices I. Public Participation A. Viewing Comments To view comments go to www.regulations.gov. Insert the docket number (FMCSA–2014–0214, FMCSA– 2015–0116, FMCSA–2019–0030, FMCSA–2019–0031, FMCSA–2019– 0033, or FMCSA–2019–0034) in the keyword box and click ‘‘Search.’’ Next, sort the results by ‘‘Posted (NewerOlder),’’ 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. khammond on DSKJM1Z7X2PROD with NOTICES 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 October 5, 2023, FMCSA published a notice announcing its decision to renew exemptions for seven 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 69285). The public comment period ended on November 6, 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 18:57 Nov 16, 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 seven 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 October 4, 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 69287): Douglas Day (IN) Dennis Klamm (MN) Michael Miller (TX) Ryan Moore (NC) William Swann (MD) Tyler Tilseth (NM) Adam Wilson (MN) The drivers were included in docket numbers FMCSA–2014–0214, FMCSA–2015–0116, FMCSA–2019– 0030, FMCSA–2019–0031, FMCSA– 2019–0033, or FMCSA–2019–0034. Their exemptions were applicable as of October 4, 2023 and will expire on October 4, 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. 2023–25502 Filed 11–16–23; 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 00109 Fmt 4703 Sfmt 4703 80377 DEPARTMENT OF TRANSPORTATION Federal Railroad Administration [Docket Number FRA–2010–0001] Petition for Extension of Waiver of Compliance Under part 211 of title 49 Code of Federal Regulations (CFR), this document provides the public notice that by petitions dated June 22, 2023; August 7, 2023; and September 6, 2023, Santa Cruz, Big Trees & Pacific Railway (SCBG) petitioned the Federal Railroad Administration (FRA) for an extension of a waiver of compliance from certain provisions of the Federal railroad safety regulations contained at 49 CFR parts 215 (Railroad Freight Car Safety Standards) and 224 (Reflectorization of Rail Freight Rolling Stock). FRA assigned the petition Docket Number FRA–2010–0001. Specifically, SCBG requested a special approval pursuant to 49 CFR 215.203, Restricted cars, for a total of 8 flat cars 1 (SCBG 501–504 and SCBG 701–704) that are more than 50 years from the dates of original construction. SCBG also requested continued relief from § 215.303, Stenciling of restricted cars, and § 224.101, General requirements, to operate the cars in tourist/excursion service. In support of its request, SCBG stated that the cars will only be operated on SCBG track and a one-mile section of Union Pacific Railroad track. A copy of the petition, as well as any written communications concerning the petition, is available for review online at www.regulations.gov. Interested parties are invited to participate in these proceedings by submitting written views, data, or comments. FRA does not anticipate scheduling a public hearing in connection with these proceedings since the facts do not appear to warrant a hearing. If any interested party desires an opportunity for oral comment and a public hearing, they should notify FRA, in writing, before the end of the comment period and specify the basis for their request. All communications concerning these proceedings should identify the appropriate docket number and may be submitted at www.regulations.gov. Follow the online instructions for submitting comments. Communications are requested by January 16, 2024. Comments received after that date will be considered if 1 SCBG initially requested special approval and relief for 10 cars, but in its petition dated September 6, 2023, SCBG requested that two cars be removed from the petition. E:\FR\FM\17NON1.SGM 17NON1

Agencies

[Federal Register Volume 88, Number 221 (Friday, November 17, 2023)]
[Notices]
[Pages 80376-80377]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-25502]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2014-0214; FMCSA-2015-0116; FMCSA-2019-0030; FMCSA-
2019-0031; FMCSA-2019-0033; FMCSA-2019-0034].


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 seven 
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 October 4, 2023. The 
exemptions expire on October 4, 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 80377]]

I. Public Participation

A. Viewing Comments

    To view comments go to www.regulations.gov. Insert the docket 
number (FMCSA-2014-0214, FMCSA-2015-0116, FMCSA-2019-0030, FMCSA-2019-
0031, FMCSA-2019-0033, or FMCSA-2019-0034) 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 October 5, 2023, FMCSA published a notice announcing its 
decision to renew exemptions for seven 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 69285). The public comment period ended on November 6, 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 seven 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 October 4, 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 69287):

Douglas Day (IN)
Dennis Klamm (MN)
Michael Miller (TX)
Ryan Moore (NC)
William Swann (MD)
Tyler Tilseth (NM)
Adam Wilson (MN)
    The drivers were included in docket numbers FMCSA-2014-0214,
    FMCSA-2015-0116, FMCSA-2019-0030, FMCSA-2019-0031, FMCSA-2019-0033, 
or FMCSA-2019-0034. Their exemptions were applicable as of October 4, 
2023 and will expire on October 4, 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. 2023-25502 Filed 11-16-23; 8:45 am]
BILLING CODE 4910-EX-P
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