Qualification of Drivers; Exemption Applications; Epilepsy and Seizure Disorders, 24568-24569 [2024-07385]
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24568
Federal Register / Vol. 89, No. 68 / Monday, April 8, 2024 / Notices
DEPARTMENT OF TRANSPORTATION
‘‘Public Participation’’ portion of the
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:
SUPPLEMENTARY INFORMATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2015–0320; 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 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 are applicable
on April 11, 2024. The exemptions
expire on April 11, 2026. Comments
must be received on or before May 8,
2024.
SUMMARY:
You may submit comments
identified by the Federal Docket
Management System Docket No.
FMCSA–2015–0320, 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–2015–0320, 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.
• Fax: (202) 493–2251.
To avoid duplication, please use only
one of these four methods. See the
lotter on DSK11XQN23PROD with NOTICES1
ADDRESSES:
VerDate Sep<11>2014
16:37 Apr 05, 2024
Jkt 262001
I. Public Participation
A. Submitting Comments
If you submit a comment, please
include the docket number for this
notice (Docket No. FMCSA–2015–0320
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–2015–0320 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–2015–0320 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
PO 00000
Frm 00146
Fmt 4703
Sfmt 4703
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
determining whether drivers with
certain medical conditions are qualified
to operate a CMV in interstate
commerce.
The six individuals listed in this
notice have requested renewal of their
exemptions from the epilepsy and
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.
E:\FR\FM\08APN1.SGM
08APN1
lotter on DSK11XQN23PROD with NOTICES1
Federal Register / Vol. 89, No. 68 / Monday, April 8, 2024 / Notices
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.
The drivers were included in docket
number FMCSA–2015–0320 or FMCSA–
2021–0026. Their exemptions are
applicable as of April 11, 2024 and will
expire on April 11, 2026.
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.
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).
IV. Basis for Renewing Exemptions
In accordance with 49 U.S.C. 31136(e)
and 31315(b), each of the six applicants
has satisfied the renewal conditions for
obtaining an exemption from the
epilepsy and seizure disorders
prohibition. The six 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 April 11, 2024, 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:
Michael Davee (CA)
Thomas DeAngelo (IL)
Jacoby Hitchcock (IA)
Lance Johnson (TN)
Edna Merritt (TN)
Kevin Podman (IL)
VerDate Sep<11>2014
16:37 Apr 05, 2024
Jkt 262001
V. Conditions and Requirements
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 six
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. 2024–07385 Filed 4–5–24; 8:45 am]
BILLING CODE 4910–EX–P
PO 00000
24569
DEPARTMENT OF THE TREASURY
Office of Foreign Assets Control
Notice of OFAC Sanctions Action
Office of Foreign Assets
Control, Treasury.
ACTION: Notice.
AGENCY:
The U.S. Department of the
Treasury’s Office of Foreign Assets
Control (OFAC) is publishing a removal
of an entity currently included on
OFAC’s Specially Designated Nationals
and Blocked Persons List (SDN List).
DATES: See SUPPLEMENTARY INFORMATION
section for applicable date(s).
FOR FURTHER INFORMATION CONTACT:
OFAC: Bradley T. Smith, Director, tel.:
202–622–2490; Associate Director for
Global Targeting, tel.: 202–622–2420;
Assistant Director for Licensing, tel.:
202–622–2480; Assistant Director for
Regulatory Affairs, tel.: 202–622–4855;
or the Assistant Director for Sanctions
Compliance & Evaluation, tel.: 202–622–
2490.
SUPPLEMENTARY INFORMATION:
SUMMARY:
Electronic Availability
The SDN List and additional
information concerning OFAC sanctions
programs are available on OFAC’s
website (https://www.treasury.gov/ofac).
Notice of OFAC Action(s)
On April 2, 2024, OFAC removed
from the SDN List the person listed
below, which was subject to
prohibitions imposed pursuant to
Executive Order 14024 of April 15,
2021, ‘‘Blocking Property With Respect
To Specified Harmful Foreign Activities
of the Government of the Russian
Federation,’’ 86 FR 20249, 3 CFR, 2021
Comp., p. 542 (Apr. 15, 2021) (E.O.
14024). On April 2, 2024, OFAC
determined that the circumstances no
longer warrant the inclusion of the
following person on the SDN list under
this authority. This person is no longer
subject to the blocking provisions of
section 1(a) of E.O. 14024.
Entity
1. VTB BANK EUROPE SE (f.k.a OST–
WEST HANDELSBANK AG; f.k.a VTB BANK
DEUTSCHLAND AG), Ruesterstasse 7–9,
Frankfurt am Main 60325, Germany; SWIFT/
BIC DOBADEF1; website https://www.vtb.eu;
Target Type Financial Institution [RUSSIA–
EO14024] (Linked to: VTB BANK PUBLIC
JOINT STOCK COMPANY).
Dated: April 2, 2024.
Bradley T. Smith,
Director, Office of Foreign Assets Control,
U.S. Department of the Treasury.
[FR Doc. 2024–07306 Filed 4–5–24; 8:45 am]
BILLING CODE 4810–AL–P
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Agencies
[Federal Register Volume 89, Number 68 (Monday, April 8, 2024)]
[Notices]
[Pages 24568-24569]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-07385]
[[Page 24568]]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2015-0320; 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 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 are applicable on April 11, 2024. The exemptions
expire on April 11, 2026. Comments must be received on or before May 8,
2024.
ADDRESSES: You may submit comments identified by the Federal Docket
Management System Docket No. FMCSA-2015-0320, 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-2015-0320, 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.
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-2015-0320 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-2015-0320 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-2015-0320 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.
---------------------------------------------------------------------------
\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 six individuals listed in this notice have requested renewal of
their exemptions from the epilepsy and
[[Page 24569]]
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 six
applicants has satisfied the renewal conditions for obtaining an
exemption from the epilepsy and seizure disorders prohibition. The six
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 April 11, 2024, 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:
Michael Davee (CA)
Thomas DeAngelo (IL)
Jacoby Hitchcock (IA)
Lance Johnson (TN)
Edna Merritt (TN)
Kevin Podman (IL)
The drivers were included in docket number FMCSA-2015-0320 or
FMCSA-2021-0026. Their exemptions are applicable as of April 11, 2024
and will expire on April 11, 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 six 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. 2024-07385 Filed 4-5-24; 8:45 am]
BILLING CODE 4910-EX-P