Qualification of Drivers; Exemption Applications; Epilepsy and Seizure Disorders, 49267-49268 [2024-12724]

Download as PDF Federal Register / Vol. 89, No. 113 / Tuesday, June 11, 2024 / Notices khammond on DSKJM1Z7X2PROD with NOTICES REAL ID driver’s licenses and ID cards lasting only one year.4 Subsequently, Congress enacted a modifying statute entitled the REAL ID Act Modification for Freely Associated States Act,5 and DHS issued a corresponding amendment to its regulation. These changes permitted compliant States to issue full-term REAL ID licenses and ID cards to citizens of the FAS. When issuing this regulatory amendment, DHS also modified the identification documents that citizens of the FAS may present when applying for a REAL ID driver’s license or ID card from a compliant State.6 Under its authority in 6 CFR 37.11(c)(1)(x), DHS stated that complying States may accept ‘‘a valid unexpired passport issued by the Republic of the Marshall Islands, the Republic of Palau, or the Federated States of Micronesia with an approved Form I–94 . . . documenting the applicant’s most recent admission to the United States under the Compact of Free Association between the United States and the nation that issued the passport.’’ DHS further stated its allowance of these documents was ‘‘consistent with the intent of Congress.’’ 7 Applicant’s Request Oregon seeks an exemption from the CDL ‘‘List of Acceptable Proofs of Citizenship or Lawful Permanent Residency’’ requirements in table 1 to 49 CFR 383.71 for citizens of the FAS. Oregon cited in its application the REAL ID Act Modification for Freely Associated States Act and the amended DHS regulations ensuring that citizens of the FAS residing in the United States are eligible for full-term REAL ID licenses and identification cards. According to Oregon, ‘‘citizens of the Freely Associated States are able to meet the domicile requirement described in [49 CFR] 383.71(b)(10)’’ and noted that ‘‘the [COFAs] provide for citizens of the Freely Associated States to reside and work indefinitely within the United States.’’ Oregon requests that FMCSA grant the proposed exemption and authorize it to issue CDLs and CLPs to citizens of the FAS in accordance with State procedures in 49 CFR 383.73(a) and (b). Ordinarily, a person who is not a United States citizen must present a valid, unexpired Permanent Resident Card. For a person who is a citizen of a FAS, Oregon would instead accept a valid, unexpired passport issued by a FAS and 4 See 84 FR 46423 (September 4, 2019). Law 115–323. 6 See 84 FR 46556 (September 4, 2019). 7 Id. 5 Public VerDate Sep<11>2014 17:09 Jun 10, 2024 Jkt 262001 an Arrival/Departure Record, meaning an I–94 or I–94A form, to prove that the individual has entered the United States lawfully. A copy of the Oregon’s application for exemption is available for review in the docket for this notice. IV. Request for Comments In accordance with 49 U.S.C. 31315(b), FMCSA requests public comment from all interested persons on Oregon’s application for an exemption from the requirement in table 1 to 49 CFR 383.71 for citizens of the FAS. All comments received before the close of business on the comment closing date indicated at the beginning of this notice will be considered and will be available for examination in the docket at the location listed under the ADDRESSES section of this notice. Comments received after the comment closing date will be filed in the public docket and will be considered to the extent practicable. In addition to late comments, FMCSA will also continue to file, in the public docket, relevant information that becomes available after the comment closing date. Interested persons should continue to examine the public docket for new material. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2024–12766 Filed 6–10–24; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA–2013–0106; FMCSA– 2013–0442; FMCSA–2015–0115; FMCSA– 2015–0119; FMCSA–2015–0321; FMCSA– 2017–0181; FMCSA–2017–0254; FMCSA– 2019–0030; FMCSA–2019–0036; FMCSA– 2019–0206; FMCSA–2020–0045; FMCSA– 2020–0046; FMCSA–2021–0026; FMCSA– 2022–0042] 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 22 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 SUMMARY: PO 00000 Frm 00123 Fmt 4703 Sfmt 4703 49267 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: Each group of renewed exemptions were applicable on the dates stated in the discussions below and will expire on the dates provided below. 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: FOR FURTHER INFORMATION CONTACT: I. Public Participation A. Viewing Comments To view comments go to www.regulations.gov. Insert the docket number (FMCSA–2013–0106, FMCSA– 2013–0442, FMCSA–2015–0115, FMCSA–2015–0119, FMCSA–2015– 0321, FMCSA–2017–0181, FMCSA– 2017–0254, FMCSA–2019–0030, FMCSA–2019–0036, FMCSA–2019– 0206, FMCSA–2020–0045, FMCSA– 2020–0046, FMCSA–2021–0026, or FMCSA–2022–0042) 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- E:\FR\FM\11JNN1.SGM 11JNN1 49268 Federal Register / Vol. 89, No. 113 / Tuesday, June 11, 2024 / Notices records-notices, the comments are searchable by the name of the submitter. Joseph Mendoza (IN) Douglas Slagel (OH) II. Background On April 25, 2024, FMCSA published a notice announcing its decision to renew exemptions for 22 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 (89 FR 31794). The public comment period ended on May 28, 2024, 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. 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 drivers were included in docket number FMCSA–2013–0106, FMCSA– 2017–0181, FMCSA–2021–0026, or FMCSA–2022–0042. Their exemptions were applicable as of May 6, 2024 and will expire on May 6, 2026. As of May 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 prohibition in the FMCSRs for interstate CMV drivers (89 FR 31794): khammond on DSKJM1Z7X2PROD with NOTICES III. Discussion of Comments FMCSA received no comments in this proceeding. IV. Conclusion Based on its evaluation of the 22 renewal exemption applications and comments received, FMCSA announces its decision to exempt the following drivers from the epilepsy and seizure disorders prohibition in § 391.41(b)(8). As of May 6, 2024, and in accordance with 49 U.S.C. 31136(e) and 31315(b), the following nine individuals have satisfied the renewal conditions for obtaining an exemption from the epilepsy and seizure disorders prohibition in the FMCSRs for interstate CMV drivers (89 FR 31794): Gary Clark (KY) Michael Curtis (DE) Callon Hegman (IL) Zachary Henson (IL) Gregory Johnson (NC) Robert Lombardo (CA) Armando Macias-Tovar (FL) 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. VerDate Sep<11>2014 17:09 Jun 10, 2024 Jkt 262001 DEPARTMENT OF TRANSPORTATION Barry Dull (OH) Robert J. Forney (WI) Matthew Heinen (MN) Logan Hertzler (PA) Preston Kanagy (TN) Kenneth Lewis (NC) Kevin Market (OH) Gary Olsen (MN) Randy Pinto (PA) Jeffrey Totten (KS) Paul Vitous (WA) Thomas Vivirito (PA) Robert J. Wenner (MN) Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2024–12724 Filed 6–10–24; 8:45 am] PO 00000 Frm 00124 Fmt 4703 Sfmt 4703 [Docket No. NHTSA–2023–0063] Agency Information Collection Activities; Submission to the Office of Management and Budget for Review and Approval; Request for Comment; Human Interaction With Driving Automation Systems National Highway Traffic Safety Administration (NHTSA), Department of Transportation (DOT). ACTION: Notice and request for comments on a request for approval of a new collection of information. AGENCY: In compliance with the Paperwork Reduction Act of 1995 (PRA), this notice announces that the Information Collection Request (ICR) summarized below will be submitted to the Office of Management and Budget (OMB) for review and approval. The ICR describes the nature of the information collection and its expected burden. The National Highway Traffic Safety Administration (NHTSA) invites public comments about our intention to request approval from the Office of Management and Budget (OMB) for a new information collection. The proposed collection of information described below supports research addressing safety-related aspects of drivers’ interactions with driving automation systems. A Federal Register Notice with a 60-day comment period soliciting comments on the following information collection was published on December 12, 2023. Comments were received from the Insurance Institute for Highway Safety (IIHS). DATES: Comments must be submitted on or before July 11, 2024. ADDRESSES: Written comments and recommendations for the proposed information collection, including suggestions for reducing burden, should be submitted to the Office of Management and Budget at www.reginfo.gov/public/do/PRAMain. To find this particular information collection, select ‘‘Currently under Review—Open for Public Comment’’ or use the search function. FOR FURTHER INFORMATION CONTACT: For additional information or access to background documents, contact: Eric Traube, Office of Vehicle Safety Research, Human Factors/Engineering Integration Division NSR–310, West Building, W46–424, 1200 New Jersey Ave SE, Washington, DC 20590; eric.traube@dot.gov. Please identify the SUMMARY: The drivers were included in docket number FMCSA–2013–0442, FMCSA– 2015–0115, FMCSA–2015–0119, FMCSA–2015–0321, FMCSA–2017– 0181, FMCSA–2017–0254, FMCSA– 2019–0030, FMCSA–2019–0036, FMCSA–2020–0045, or FMCSA–2020– 0046. Their exemptions were applicable as of May 15, 2024 and will expire on May 15, 2026. 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). BILLING CODE 4910–EX–P National Highway Traffic Safety Administration E:\FR\FM\11JNN1.SGM 11JNN1

Agencies

[Federal Register Volume 89, Number 113 (Tuesday, June 11, 2024)]
[Notices]
[Pages 49267-49268]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-12724]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2013-0106; FMCSA-2013-0442; FMCSA-2015-0115; FMCSA-
2015-0119; FMCSA-2015-0321; FMCSA-2017-0181; FMCSA-2017-0254; FMCSA-
2019-0030; FMCSA-2019-0036; FMCSA-2019-0206; FMCSA-2020-0045; FMCSA-
2020-0046; FMCSA-2021-0026; FMCSA-2022-0042]


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 22 
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: Each group of renewed exemptions were applicable on the dates 
stated in the discussions below and will expire on the dates provided 
below.

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. Viewing Comments

    To view comments go to www.regulations.gov. Insert the docket 
number (FMCSA-2013-0106, FMCSA-2013-0442, FMCSA-2015-0115, FMCSA-2015-
0119, FMCSA-2015-0321, FMCSA-2017-0181, FMCSA-2017-0254, FMCSA-2019-
0030, FMCSA-2019-0036, FMCSA-2019-0206, FMCSA-2020-0045, FMCSA-2020-
0046, FMCSA-2021-0026, or FMCSA-2022-0042) 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-

[[Page 49268]]

records-notices, the comments are searchable by the name of the 
submitter.

II. Background

    On April 25, 2024, FMCSA published a notice announcing its decision 
to renew exemptions for 22 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 (89 FR 
31794). The public comment period ended on May 28, 2024, 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 22 renewal exemption applications 
and comments received, FMCSA announces its decision to exempt the 
following drivers from the epilepsy and seizure disorders prohibition 
in Sec.  391.41(b)(8).
    As of May 6, 2024, and in accordance with 49 U.S.C. 31136(e) and 
31315(b), the following nine individuals have satisfied the renewal 
conditions for obtaining an exemption from the epilepsy and seizure 
disorders prohibition in the FMCSRs for interstate CMV drivers (89 FR 
31794):

Gary Clark (KY)
Michael Curtis (DE)
Callon Hegman (IL)
Zachary Henson (IL)
Gregory Johnson (NC)
Robert Lombardo (CA)
Armando Macias-Tovar (FL)
Joseph Mendoza (IN)
Douglas Slagel (OH)

    The drivers were included in docket number FMCSA-2013-0106, FMCSA-
2017-0181, FMCSA-2021-0026, or FMCSA-2022-0042. Their exemptions were 
applicable as of May 6, 2024 and will expire on May 6, 2026.
    As of May 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 prohibition in the FMCSRs for interstate CMV drivers (89 FR 
31794):

Barry Dull (OH)
Robert J. Forney (WI)
Matthew Heinen (MN)
Logan Hertzler (PA)
Preston Kanagy (TN)
Kenneth Lewis (NC)
Kevin Market (OH)
Gary Olsen (MN)
Randy Pinto (PA)
Jeffrey Totten (KS)
Paul Vitous (WA)
Thomas Vivirito (PA)
Robert J. Wenner (MN)

    The drivers were included in docket number FMCSA-2013-0442, FMCSA-
2015-0115, FMCSA-2015-0119, FMCSA-2015-0321, FMCSA-2017-0181, FMCSA-
2017-0254, FMCSA-2019-0030, FMCSA-2019-0036, FMCSA-2020-0045, or FMCSA-
2020-0046. Their exemptions were applicable as of May 15, 2024 and will 
expire on May 15, 2026.
    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. 2024-12724 Filed 6-10-24; 8:45 am]
BILLING CODE 4910-EX-P
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