Qualification of Drivers; Exemption Applications; Epilepsy and Seizure Disorders, 14735-14737 [2024-04123]
Download as PDF
Federal Register / Vol. 89, No. 40 / Wednesday, February 28, 2024 / Notices
B. Viewing Comments
To view comments go to
www.regulations.gov. Insert the docket
number (FMCSA–2024–0003) 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.
C. Privacy Act
In accordance with 49 U.S.C.
31315(b)(6), DOT solicits comments
from the public on the exemption
requests. 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.
ddrumheller on DSK120RN23PROD with NOTICES1
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. FMCSA grants medical
exemptions from the FMCSRs for a 2year period to align with the maximum
duration of a driver’s medical
certification.
The two individuals listed in this
notice have requested an exemption
from § 391.41(b)(4). Accordingly, the
Agency will evaluate the qualifications
of each applicant to determine whether
granting the exemption will achieve the
required level of safety mandated by
statute.
The physical qualification standard
found in § 391.41(b)(4) states that a
person is physically qualified to drive a
CMV if that person has no current
clinical diagnosis of myocardial
infarction, angina pectoris, coronary
insufficiency, thrombosis, or any other
cardiovascular disease of a variety
VerDate Sep<11>2014
19:59 Feb 27, 2024
Jkt 262001
known to be accompanied by syncope,
dyspnea, collapse, or congestive cardiac
failure.
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
advisory criteria states that ICDs are
disqualifying due to risk of syncope.
III. Qualifications of Applicants
Brenda Smith
Brenda Smith is a class A driver’s
license holder in Mississippi. A January
3, 2024, letter from Brenda Smith’s
cardiologist reports that their ICD was
implanted on December 12, 2013, for
ischemic cardiomyopathy. Brenda
Smith’s cardiologist also reports that
although they do not have records prior
to 2020, Brenda Smith’s ICD has not
deployed.
Ofer Zacks
Ofer Zacks is a class C driver’s license
holder in California. A January 30, 2024,
letter from, Ofer Zacks’ cardiologist
reports that their ICD was implanted for
ischemic cardiomyopathy and systolic
heart failure in 2015. Ofer Zacks’
cardiologist also reports they have had
no episodes of ventricular tachycardia
or ventricular fibrillation since the
device was monitored by the
cardiologist’s office.
IV. Request for Comments
In accordance with 49 U.S.C. 31136(e)
and 31315(b), FMCSA requests public
comment from all interested persons on
the exemption petitions described in
this notice. We will consider all
comments received before the close of
business on the closing date indicated
under the DATES section of the notice.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2024–04124 Filed 2–27–24; 8:45 am]
BILLING CODE 4910–EX–P
1 These criteria may be found in 49 CFR part 391,
Appendix A to Part 391—Medical Advisory
Criteria, Section D. Cardiovascular: § 391.41(b)(4),
paragraph 4, which is available on the internet at
https://www.gpo.gov/fdsys/pkg/CFR-2015-title49vol5/pdf/CFR-2015-title49-vol5-part391-appA.pdf.
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14735
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2015–0323; FMCSA–
2017–0251; FMCSA–2018–0058; FMCSA–
2020–0052; FMCSA–2021–0026]
Qualification of Drivers; Exemption
Applications; Epilepsy and Seizure
Disorders
Federal Motor Carrier Safety
Administration (FMCSA), Department
of Transportation (DOT).
ACTION: Notice of renewal of
exemptions; request for comments.
AGENCY:
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: The exemptions are applicable
on March 15, 2024. The exemptions
expire on March 15, 2026. Comments
must be received on or before March 29,
2024.
ADDRESSES: You may submit comments
identified by the Federal Docket
Management System Docket No.
FMCSA–2015–0323, Docket No.
FMCSA–2017–0251, Docket No.
FMCSA–2018–0058, Docket No.
FMCSA–2020–0052, or Docket No.
FMCSA–2021–0026 using any of the
following methods:
• Federal eRulemaking Portal: Go to
www.regulations.gov/, insert the docket
number (FMCSA–2015–0323, FMCSA–
2017–0251, FMCSA–2018–0058,
FMCSA–2020–0052, or FMCSA–2021–
0026) 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.
SUMMARY:
E:\FR\FM\28FEN1.SGM
28FEN1
14736
Federal Register / Vol. 89, No. 40 / Wednesday, February 28, 2024 / Notices
• 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,
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:
ddrumheller on DSK120RN23PROD with NOTICES1
I. Public Participation
A. Submitting Comments
If you submit a comment, please
include the docket number for this
notice (Docket No. FMCSA–2015–0323,
Docket No. FMCSA–2017–0251, Docket
No. FMCSA–2018–0058, Docket No.
FMCSA–2020–0052, or Docket No.
FMCSA–2021–0026), indicate the
specific section of this document to
which each comment applies, and
provide a reason for each suggestion or
recommendation. You may submit your
comments and material online or by fax,
mail, or hand delivery, but please use
only one of these means. FMCSA
recommends that you include your
name and a mailing address, an email
address, or a phone number in the body
of your document so that FMCSA can
contact you if there are questions
regarding your submission.
To submit your comment online, go to
www.regulations.gov/, insert the docket
number (FMCSA–2015–0323, FMCSA–
2017–0251, FMCSA–2018–0058,
FMCSA–2020–0052, or FMCSA–
2021–0026) in the keyword box and
click ‘‘Search.’’ Next, sort the results by
‘‘Posted (Newer-Older),’’ choose the first
notice listed, click the ‘‘Comment’’
button, and type your comment into the
text box on the following screen. Choose
whether you are submitting your
comment as an individual or on behalf
of a third party and then submit.
If you submit your comments by mail
or hand delivery, submit them in an
unbound format, no larger than 81⁄2 by
11 inches, suitable for copying and
electronic filing. FMCSA will consider
all comments and material received
during the comment period.
B. Viewing Comments
To view comments go to
www.regulations.gov. Insert the docket
number (FMCSA–2015–0323, FMCSA–
VerDate Sep<11>2014
19:59 Feb 27, 2024
Jkt 262001
2017–0251, FMCSA–2018–0058,
FMCSA–2020–0052, or FMCSA–2021–
0026) 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
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
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.
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determining whether drivers with
certain medical conditions are qualified
to operate a CMV in interstate
commerce.
The 13 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 13 applicants
has satisfied the renewal conditions for
obtaining an exemption from the
epilepsy and seizure disorders
prohibition. The 13 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 March 15, 2024, 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
epilepsy and seizure disorders
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Federal Register / Vol. 89, No. 40 / Wednesday, February 28, 2024 / Notices
prohibition in the FMCSRs for interstate
CMV drivers:
Andrew Anzalone (MA)
Robert Drake (AZ)
Jeffrey Green (CA)
Dylan Hill (KS)
Alan Keil (HI)
Christian Mandahl (MT)
Richard Packer (ID)
Steven Paul (WI)
Richard Riley (IA)
Brian Adam Runk (PA)
Bradley Scruggs (CA)
Robert Spencer (FL)
Kip West (CO)
The drivers were included in docket
number FMCSA–2015–0323, FMCSA–
2017–0251, FMCSA–2018–0058,
FMCSA–2020–0052, or FMCSA–2021–
0026. Their exemptions are applicable
as of March 15, 2024 and will expire on
March 15, 2026.
ddrumheller on DSK120RN23PROD with NOTICES1
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
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 13
exemption applications, FMCSA renews
the exemptions of the aforementioned
drivers from the epilepsy and seizure
disorders prohibition in § 391.41(b)(8).
VerDate Sep<11>2014
19:59 Feb 27, 2024
Jkt 262001
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. 2024–04123 Filed 2–27–24; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF THE TREASURY
Internal Revenue Service
Proposed Collection; Comment
Request for Form 15434
Internal Revenue Service (IRS),
Treasury.
ACTION: Notice and request for
comments.
AGENCY:
The Internal Revenue Service
(IRS), as part of its continuing effort to
reduce paperwork and respondent
burden, invites the general public and
other Federal agencies to take this
opportunity to comment on information
collections, as required by the
Paperwork Reduction Act of 1995. The
IRS is soliciting comments concerning,
Application for Employee Retention
Credit (ERC) Voluntary Disclosure
Program.
SUMMARY:
Written comments should be
received on or before April 29, 2024 to
be assured of consideration.
ADDRESSES: Direct all written comments
to Andres Garcia, Internal Revenue
Service, Room 6526, 1111 Constitution
Avenue NW, Washington, DC 20224, or
by email to pra.comments@irs.gov.
Include ‘‘OMB Number 1545–2316—
Application for Employee Retention
Credit (ERC) Voluntary Disclosure
Program’’ in the subject line of the
message.
DATES:
FOR FURTHER INFORMATION CONTACT:
Requests for additional information or
copies of this collection should be
directed to Martha R. Brinson, at
(202)317–5753, or at Internal Revenue
Service, Room 6526, 1111 Constitution
Avenue NW, Washington, DC 20224, or
through the internet at
Martha.R.Brinson@irs.gov.
SUPPLEMENTARY INFORMATION:
Title: Application for Employee
Retention Credit (ERC) Voluntary
Disclosure Program.
OMB Number: 1545–2316.
Form Number: 15434.
Abstract: The Employee Retention
Credit Voluntary Disclosure Program
(ERC–VDP) was created in order to
provide a streamlined avenue for
taxpayers to return funds for improperly
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Sfmt 9990
14737
claimed ERC credits and be afforded a
20% reduction in the amount to return.
To participate in the initiative,
taxpayers must submit information
about the improper ERC claimed, refund
received, their identifying information,
and the identifying information of any
preparer/advisor who assisted them
with the ERC claim.
Current Actions: There are no changes
to the form at this time. This notice is
administrative process to renew the
OMB approval on the form.
Type of Review: Extension of a
currently approved collection.
Affected Public: Individuals and
Households.
Estimated Number of Respondents:
5,000.
Estimated Time per Respondent: 2
hrs., 22 mins.
Estimated Total Annual Burden
Hours: 11,800.
The following paragraph applies to all
of the collections of information covered
by this notice:
An agency may not conduct or
sponsor, and a person is not required to
respond to, a collection of information
unless the collection of information
displays a valid OMB control number.
Books or records relating to a collection
of information must be retained as long
as their contents may become material
in the administration of any internal
revenue law. Generally, tax returns and
tax return information are confidential,
as required by 26 U.S.C. 6103.
Request for Comments: Comments
submitted in response to this notice will
be summarized and/or included in the
request for OMB approval. Comments
will be of public record. Comments are
invited on: (a) whether the collection of
information is necessary for the proper
performance of the functions of the
agency, including whether the
information has practical utility; (b) the
accuracy of the agency’s estimate of the
burden of the collection of information;
(c) ways to enhance the quality, utility,
and clarity of the information to be
collected; (d) ways to minimize the
burden of the collection of information
on or other forms of information
technology; and (e) estimates of capital
or start-up costs and costs of operation,
maintenance, and purchase of services
to provide information.
Approved: February 23, 2024.
Martha R. Brinson,
Tax Analyst.
[FR Doc. 2024–04104 Filed 2–27–24; 8:45 am]
BILLING CODE 4830–01–P
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Agencies
[Federal Register Volume 89, Number 40 (Wednesday, February 28, 2024)]
[Notices]
[Pages 14735-14737]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-04123]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2015-0323; FMCSA-2017-0251; FMCSA-2018-0058; FMCSA-
2020-0052; FMCSA-2021-0026]
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 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: The exemptions are applicable on March 15, 2024. The exemptions
expire on March 15, 2026. Comments must be received on or before March
29, 2024.
ADDRESSES: You may submit comments identified by the Federal Docket
Management System Docket No. FMCSA-2015-0323, Docket No. FMCSA-2017-
0251, Docket No. FMCSA-2018-0058, Docket No. FMCSA-2020-0052, or Docket
No. FMCSA-2021-0026 using any of the following methods:
Federal eRulemaking Portal: Go to www.regulations.gov/,
insert the docket number (FMCSA-2015-0323, FMCSA-2017-0251, FMCSA-2018-
0058, FMCSA-2020-0052, or FMCSA-2021-0026) 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.
[[Page 14736]]
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-2015-0323, Docket No. FMCSA-2017-0251, Docket
No. FMCSA-2018-0058, Docket No. FMCSA-2020-0052, or Docket No. FMCSA-
2021-0026), indicate the specific section of this document to which
each comment applies, and provide a reason for each suggestion or
recommendation. You may submit your comments and material online or by
fax, mail, or hand delivery, but please use only one of these means.
FMCSA recommends that you include your name and a mailing address, an
email address, or a phone number in the body of your document so that
FMCSA can contact you if there are questions regarding your submission.
To submit your comment online, go to www.regulations.gov/, insert
the docket number (FMCSA-2015-0323, FMCSA-2017-0251, FMCSA-2018-0058,
FMCSA-2020-0052, or FMCSA-2021-0026) 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-2015-0323, FMCSA-2017-0251, FMCSA-2018-0058, FMCSA-2020-
0052, or FMCSA-2021-0026) 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.
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\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.
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The 13 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 13
applicants has satisfied the renewal conditions for obtaining an
exemption from the epilepsy and seizure disorders prohibition. The 13
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 March 15, 2024, 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 epilepsy and seizure
disorders
[[Page 14737]]
prohibition in the FMCSRs for interstate CMV drivers:
Andrew Anzalone (MA)
Robert Drake (AZ)
Jeffrey Green (CA)
Dylan Hill (KS)
Alan Keil (HI)
Christian Mandahl (MT)
Richard Packer (ID)
Steven Paul (WI)
Richard Riley (IA)
Brian Adam Runk (PA)
Bradley Scruggs (CA)
Robert Spencer (FL)
Kip West (CO)
The drivers were included in docket number FMCSA-2015-0323, FMCSA-
2017-0251, FMCSA-2018-0058, FMCSA-2020-0052, or FMCSA-2021-0026. Their
exemptions are applicable as of March 15, 2024 and will expire on March
15, 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 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 13 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. 2024-04123 Filed 2-27-24; 8:45 am]
BILLING CODE 4910-EX-P