Qualification of Drivers; Exemption Applications; Epilepsy and Seizure Disorders, 6560-6562 [2024-01975]

Download as PDF 6560 Federal Register / Vol. 89, No. 22 / Thursday, February 1, 2024 / Notices ddrumheller on DSK120RN23PROD with NOTICES1 The following areas have been determined to be adversely affected by the disaster: Primary Counties: Los Angeles Contiguous Counties: California Kern, Orange, San Bernardino, Ventura. You may submit comments identified by the Federal Docket For Economic Injury: Management System Docket No. Business and Small AgriculFMCSA–2015–0117, Docket No. tural Cooperatives without FMCSA–2017–0181, Docket No. Credit Available Elsewhere 4.000 FMCSA–2019–0036, or Docket No. Non-Profit Organizations withFMCSA–2019–0206 using any of the out Credit Available Elsefollowing methods: where ................................... 2.375 The Interest Rates are: • Federal eRulemaking Portal: Go to www.regulations.gov/, insert the docket The number assigned to this disaster Percent number (FMCSA–2015–0117, FMCSA– for physical damage is 201666 and for 2017–0181, FMCSA–2019–0036, or Business and Small Agricultural economic injury is 201670. FMCSA–2019–0206) in the keyword box Cooperatives without Credit The State which received an EIDL Available Elsewhere ................ 4.000 and click ‘‘Search.’’ Next, sort the Declaration is Pennsylvania. Non-Profit Organizations without results by ‘‘Posted (Newer-Older),’’ (Catalog of Federal Domestic Assistance Credit Available Elsewhere ..... 3.250 choose the first notice listed, and click Number 59008) on the ‘‘Comment’’ button. Follow the The number assigned to this disaster online instructions for submitting Isabella Guzman, for economic injury is 201680. comments. Administrator. The State which received an EIDL • Mail: Dockets Operations; U.S. [FR Doc. 2024–01992 Filed 1–31–24; 8:45 am] Declaration is California. Department of Transportation, 1200 BILLING CODE 8026–09–P (Catalog of Federal Domestic Assistance New Jersey Avenue SE, West Building Number 59008) Ground Floor, Washington, DC 20590– 0001. SMALL BUSINESS ADMINISTRATION Isabella Guzman, • Hand Delivery: West Building Administrator. [Disaster Declaration #20168; CALIFORNIA Ground Floor, 1200 New Jersey Avenue Disaster Number CA–20006 Declaration of [FR Doc. 2024–02013 Filed 1–31–24; 8:45 am] SE, Washington, DC 20590–0001 Economic Injury] BILLING CODE 8026–09–P between 9 a.m. and 5 p.m. ET Monday through Friday, except Federal Administrative Declaration of an Holidays. Economic Injury Disaster for the State DEPARTMENT OF TRANSPORTATION • Fax: (202) 493–2251. of California To avoid duplication, please use only Federal Motor Carrier Safety one of these four methods. See the AGENCY: U.S. Small Business Administration ‘‘Public Participation’’ portion of the Administration. SUPPLEMENTARY INFORMATION section for ACTION: Notice. [Docket No. FMCSA–2015–0117; FMCSA– instructions on submitting comments. 2017–0181; FMCSA–2019–0036; FMCSA– SUMMARY: This is a notice of an 2019–0206] FOR FURTHER INFORMATION CONTACT: Ms. Economic Injury Disaster Loan (EIDL) Christine A. Hydock, Chief, Medical Qualification of Drivers; Exemption declaration for the State of California Programs Division, FMCSA, DOT, 1200 Applications; Epilepsy and Seizure dated 01/26/2024. New Jersey Avenue SE, Washington, DC Disorders Incident: Interstate 10 Fire and Road 20590–0001, (202) 366–4001, Closures. fmcsamedical@dot.gov. Office hours are AGENCY: Federal Motor Carrier Safety Incident Period: 11/11/2023 through from 8:30 a.m. to 5 p.m. ET Monday Administration (FMCSA), Department 11/19/2023. through Friday, except Federal holidays. of Transportation (DOT). DATES: Issued on 01/26/2024. If you have questions regarding viewing ACTION: Notice of renewal of Economic Injury (EIDL) Loan or submitting material to the docket, exemptions; request for comments. Application Deadline Date: 10/28/2024. contact Dockets Operations, (202) 366– 9826. ADDRESSES: Visit the MySBA Loan SUMMARY: FMCSA announces its Portal at https://lending.sba.gov to SUPPLEMENTARY INFORMATION: decision to renew exemptions for four apply for a disaster assistance loan. individuals from the requirement in the I. Public Participation Federal Motor Carrier Safety FOR FURTHER INFORMATION CONTACT: A. Submitting Comments Regulations (FMCSRs) that interstate Alan Escobar, Office of Disaster commercial motor vehicle (CMV) Recovery & Resilience, U.S. Small If you submit a comment, please Business Administration, 409 3rd Street drivers have ‘‘no established medical include the docket number for this SW, Suite 6050, Washington, DC 20416, history or clinical diagnosis of epilepsy notice (Docket No. FMCSA–2015–0117, or any other condition which is likely (202) 205–6734. Docket No. FMCSA–2017–0181, Docket to cause loss of consciousness or any SUPPLEMENTARY INFORMATION: Notice is No. FMCSA–2019–0036, or Docket No. loss of ability to control a CMV.’’ The hereby given that as a result of the FMCSA–2019–0206), indicate the exemptions enable these individuals Administrator’s EIDL declaration, specific section of this document to who have had one or more seizures and which each comment applies, and applications for disaster loans may be are taking anti-seizure medication to submitted online using the MySBA provide a reason for each suggestion or continue to operate CMVs in interstate Loan Portal https://lending.sba.gov or recommendation. You may submit your commerce. other locally announced locations. comments and material online or by fax, Please contact the SBA disaster DATES: The exemptions are applicable mail, or hand delivery, but please use assistance customer service center by on February 19, 2024. The exemptions only one of these means. FMCSA email at disastercustomerservice@ expire on February 19, 2026. Comments recommends that you include your sba.gov or by phone at 1–800–659–2955 must be received on or before March 4, name and a mailing address, an email for further assistance. 2024. address, or a phone number in the body Percent VerDate Sep<11>2014 17:12 Jan 31, 2024 Jkt 262001 PO 00000 Frm 00062 Fmt 4703 Sfmt 4703 ADDRESSES: E:\FR\FM\01FEN1.SGM 01FEN1 Federal Register / Vol. 89, No. 22 / Thursday, February 1, 2024 / Notices 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–2015–0117, FMCSA– 2017–0181, FMCSA–2019–0036, or FMCSA–2019–0206) 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. ddrumheller on DSK120RN23PROD with NOTICES1 B. Viewing Comments To view comments go to www.regulations.gov. Insert the docket number (FMCSA–2015–0117, FMCSA– 2017–0181, FMCSA–2019–0036, or FMCSA–2019–0206) 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. C. Privacy Act In accordance with 49 U.S.C. 31315(b)(6), DOT solicits comments from the public on the exemption request. DOT posts these comments, without edit, including any personal information the commenter provides, to www.regulations.gov. As described in the system of records notice DOT/ALL 14 (Federal Docket Management System), which can be reviewed at https://www.transportation.gov/ individuals/privacy/privacy-act-systemrecords-notices, the comments are searchable by the name of the submitter. II. Background Under 49 U.S.C. 31136(e) and 31315(b), FMCSA may grant an exemption from the FMCSRs for no longer than a 5-year period if it finds such exemption would likely achieve a VerDate Sep<11>2014 17:12 Jan 31, 2024 Jkt 262001 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 four 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 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 four applicants has satisfied the renewal conditions for obtaining an exemption from the epilepsy and seizure disorders prohibition. The four drivers in this notice remain in good standing with the Agency, have maintained their medical 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 00063 Fmt 4703 Sfmt 4703 6561 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 February 19, 2024, and in accordance with 49 U.S.C. 31136(e) and 31315(b), the following four individuals have satisfied the renewal conditions for obtaining an exemption from the epilepsy and seizure disorders prohibition in the FMCSRs for interstate CMV drivers: Daniel Bretz (PA) Gary Gress (PA) Cory Wagner (IL) Randy Wentz (PA) The drivers were included in docket number FMCSA–2015–0117, FMCSA– 2017–0181, FMCSA–2019–0036, or FMCSA–2019–0206. Their exemptions are applicable as of February 19, 2024 and will expire on February 19, 2026. 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 § 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 E:\FR\FM\01FEN1.SGM 01FEN1 6562 Federal Register / Vol. 89, No. 22 / Thursday, February 1, 2024 / Notices 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 four 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. 2024–01975 Filed 1–31–24; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION Federal Railroad Administration [Docket Number FRA–2010–0043] Northern Indiana Commuter Transportation District’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 January 24, 2024, the Northern Indiana Commuter Transportation District (NICD) 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 February 21, 2024. 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 ddrumheller on DSK120RN23PROD with NOTICES1 SUMMARY: VerDate Sep<11>2014 17:12 Jan 31, 2024 Jkt 262001 applicable docket number. The relevant PTC docket number for this host railroad is Docket No. FRA–2010–0043. 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 must submit, and obtain FRA’s approval of, an RFA to its PTC system or PTCSP under 49 CFR 236.1021. Under 49 CFR 236.1021(e), FRA’s regulations provide that FRA will publish a notice in the Federal Register and invite public comment in accordance with 49 CFR part 211, if an RFA includes a request for approval of a material modification of a signal or train control system. Accordingly, this notice informs the public that, on January 24, 2024, NICD submitted an RFA to its Interoperable Electronic Train Management System (I–ETMS), which seeks FRA’s approval for NICD to temporarily disable its PTC system’s current Back Office System (BOS) during the implementation of the Railcomm BOS. That RFA is available in Docket No. FRA–2010–0043. Interested parties are invited to comment on NICD’s RFA by submitting written comments or data. During FRA’s review of this railroad’s RFA, FRA will consider any comments or data submitted within the timeline specified in this notice and to the extent practicable, without delaying implementation of valuable or necessary modifications to a PTC system. See 49 CFR 236.1021; see also 49 CFR 236.1011(e). Under 49 CFR 236.1021, FRA maintains the authority to approve, approve with conditions, or deny a railroad’s RFA at FRA’s sole discretion. Privacy Act Notice In accordance with 49 CFR 211.3, FRA solicits comments from the public PO 00000 Frm 00064 Fmt 4703 Sfmt 4703 to better inform its decisions. DOT posts these comments, without edit, including any personal information the commenter provides, to https:// www.regulations.gov, as described in the system of records notice (DOT/ALL– 14 FDMS), which can be reviewed at https://www.transportation.gov/privacy. See https://www.regulations.gov/ privacy-notice for the privacy notice of regulations.gov. To facilitate comment tracking, we encourage commenters to provide their name, or the name of their organization; however, submission of names is completely optional. If you wish to provide comments containing proprietary or confidential information, please contact FRA for alternate submission instructions. Issued in Washington, DC. Carolyn R. Hayward-Williams, Director, Office of Railroad Systems and Technology. [FR Doc. 2024–01939 Filed 1–31–24; 8:45 am] BILLING CODE 4910–06–P DEPARTMENT OF TRANSPORTATION Federal Railroad Administration [Docket Number FRA–2010–0030] Massachusetts Bay 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 January 24, 2024, the Massachusetts Bay Transportation Authority (MBTA) 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 February 21, 2024. 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 SUMMARY: E:\FR\FM\01FEN1.SGM 01FEN1

Agencies

[Federal Register Volume 89, Number 22 (Thursday, February 1, 2024)]
[Notices]
[Pages 6560-6562]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-01975]


=======================================================================
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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2015-0117; FMCSA-2017-0181; FMCSA-2019-0036; FMCSA-
2019-0206]


Qualification of Drivers; Exemption Applications; Epilepsy and 
Seizure Disorders

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), Department 
of Transportation (DOT).

ACTION: Notice of renewal of exemptions; request for comments.

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

SUMMARY: FMCSA announces its decision to renew exemptions for four 
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 February 19, 2024. The 
exemptions expire on February 19, 2026. Comments must be received on or 
before March 4, 2024.

ADDRESSES: You may submit comments identified by the Federal Docket 
Management System Docket No. FMCSA-2015-0117, Docket No. FMCSA-2017-
0181, Docket No. FMCSA-2019-0036, or Docket No. FMCSA-2019-0206 using 
any of the following methods:
     Federal eRulemaking Portal: Go to www.regulations.gov/, 
insert the docket number (FMCSA-2015-0117, FMCSA-2017-0181, FMCSA-2019-
0036, or FMCSA-2019-0206) 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, 
Washington, DC 20590-0001.
     Hand Delivery: West Building Ground Floor, 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, 
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-2015-0117, Docket No. FMCSA-2017-0181, Docket 
No. FMCSA-2019-0036, or Docket No. FMCSA-2019-0206), 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

[[Page 6561]]

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-2015-0117, FMCSA-2017-0181, FMCSA-2019-0036, 
or FMCSA-2019-0206) 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-2015-0117, FMCSA-2017-0181, FMCSA-2019-0036, or FMCSA-
2019-0206) 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.

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 four 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 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 
four applicants has satisfied the renewal conditions for obtaining an 
exemption from the epilepsy and seizure disorders prohibition. The four 
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 February 19, 2024, and in accordance with 49 U.S.C. 31136(e) 
and 31315(b), the following four individuals have satisfied the renewal 
conditions for obtaining an exemption from the epilepsy and seizure 
disorders prohibition in the FMCSRs for interstate CMV drivers:

Daniel Bretz (PA)
Gary Gress (PA)
Cory Wagner (IL)
Randy Wentz (PA)

    The drivers were included in docket number FMCSA-2015-0117, FMCSA-
2017-0181, FMCSA-2019-0036, or FMCSA-2019-0206. Their exemptions are 
applicable as of February 19, 2024 and will expire on February 19, 
2026.

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

[[Page 6562]]

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 four 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. 2024-01975 Filed 1-31-24; 8:45 am]
BILLING CODE 4910-EX-P
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