Qualification of Drivers; Exemption Applications; Epilepsy and Seizure Disorders, 54123-54125 [2024-14328]

Download as PDF khammond on DSKJM1Z7X2PROD with NOTICES Federal Register / Vol. 89, No. 125 / Friday, June 28, 2024 / Notices #5: Date of Hire reporting #6: Assignment to Duty records reporting #7: Date of Separation reporting #8: Employment History records reporting #10: Pilot Consent form Type of Review: Renewal of an information collection. Background: The Federal Register Notice with a 60-day comment period soliciting comments on the following collection of information was published on March 25, 2024 (89 FR 20749). The Pilot Records Improvement Act of 1996 (PRIA) as amended, was enacted to ensure that part 121, 125 and 135 air carriers and air operators adequately investigate a pilot’s background before allowing that pilot to conduct commercial air carrier flights for their company. Under PRIA, a hiring employer cannot place a pilot into service until they obtain, review and approve the pilot’s background and other safety-related records for the past 5 year period as specified in PRIA. The FAA information disclosed under PRIA are medical and airman certificate verifications and any closed enforcement and revocation data. The air carrier information disclosed under PRIA are those concerning pilot performance and training, disciplinary and removal from service, and drug and alcohol testing records. Records from the Department of Motor Vehicles of any particular State would include records of drug and alcohol convictions. Other records collections such as financial statements, fingerprints and failed check rides may be requested and received but they are outside the purview and scope of PRIA and would be requested using other vehicles than the PRIA forms. PRIA request forms can be received by fax or mail; however, the most common method is by email attachment, one pilot/applicant per one form. As set forth in 49 U.S.C. 44703(i)(1), under the Pilot Records Database (PRD), a hiring employer cannot place a pilot into service until the employer has evaluate all the relevant information in the PRD. PRD relies on a digital and centralized repository containing the pilot information. It also expands on the types of operators that must participate in the sharing of information than that of PRIA. The following official FAARecords about a pilot are collected; airman certificates and associated ratings, accident and incident information, enforcement information, and drug and alcohol testing. There is also industry collected information about pilots which include; training, qualification, and proficiency Records, VerDate Sep<11>2014 19:25 Jun 27, 2024 Jkt 262001 final disciplinary records, employment history, and the Motor Vehicle Driving record evaluation date. The PRD facilitates the sharing of pilot records among pilot employers in a clearinghouse managed by the Federal Aviation Administration (FAA). In accordance with part 111, all 14 CFR part 121, 125, 135 certificate holders, 91K operators, air tour operators, and other specific entities operating under part 91 are required to access the PRD to either evaluate a pilot candidate prior to making a hiring decision or to report records. The PRD contains employer and FAA records on an individual’s performance as a pilot for the life of the individual. Records contained within the database would only be permitted to be used as a hiring aid in an operator’s decision-making process for pilot employment. The pilot has full control of who they release their PRD information to and for how long. Disclosure of their information can only be initiated by the pilot. Respondents: Regarding PRIA, the PRIA representative at each part 121, 125 and 135 air carrier is responsible for completing, forwarding, receiving and providing the air carrier with the completed PRIA report so the air carrier can make a more informed hiring decision concerning each pilot/ applicant. One complete PRIA package is required for every pilot/applicant. As of December 7, 2021, the FAA no longer processes PRIA requests via Form 8060– 10, as this function became available through PRD. Prior to December 7, 2021, the FAA processes approximately 24,120 PRIA packages per year from respondents. Regarding PRD, the PRD representative at each certificate holder operating under part 121, 125, 135, 91K operators, air tour operators, and other specific entities operating under part 91 is responsible for completing and submitting the PRD employer records to PRD, for each pilot, through the Web based forms or API. Pilots who hold commercial, airline transport, or remote pilot certificates can access PRD and complete web-based forms concerning Employment History records reporting (#8) and Pilot Consent form (#10). If the pilot is unable to access the PRD, the pilot can submit hardcopies of FAA Forms 8060–14 and 8060–15 to prdsupport@faa.gov for processing by the FAA on their behalf. The FAA processes approximately 1,040 FAA forms 8060–14 and ten FAA forms 8060–15 per year from respondents. Frequency: On occasion. Estimated Average Burden per Response: 0.07181 hours. PO 00000 Frm 00186 Fmt 4703 Sfmt 4703 54123 Estimated Total Annual Burden: 385,367.92 hours. Issued in Oklahoma City, OK, on June 25, 2024. Justin Eddleman, PRD/PRIA Program Manager, Safety Analysis & Promotion Division, Automation Systems Management Group, AFS–950. [FR Doc. 2024–14305 Filed 6–27–24; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA–2013–0109; FMCSA–2015–0116; FMCSA–2015–0323; FMCSA–2015–0326; FMCSA–2018–0050; FMCSA–2018–0051; FMCSA–2019–0206; FMCSA–2020–0046; FMCSA–2020–0047; FMCSA–2022–0043] 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 12 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 are applicable on the dates stated in the discussions below and will expire on the dates stated in the discussions below. Comments must be received on or before July 29, 2024. ADDRESSES: You may submit comments identified by the Federal Docket Management System Docket No. FMCSA–2013–0109, Docket No. FMCSA–2015–0116, Docket No. FMCSA–2015–0323, Docket No. FMCSA–2015–0326, Docket No. FMCSA–2018–0050, Docket No. FMCSA–2018–0051, Docket No. FMCSA–2019–0206, Docket No. FMCSA–2020–0046, Docket No. FMCSA–2020–0047, or Docket No. FMCSA–2022–0043 using any of the following methods: SUMMARY: E:\FR\FM\28JNN1.SGM 28JNN1 54124 Federal Register / Vol. 89, No. 125 / Friday, June 28, 2024 / Notices • Federal eRulemaking Portal: Go to www.regulations.gov/, insert the docket number (FMCSA–2013–0109, FMCSA– 2015–0116, FMCSA–2015–0323, FMCSA–2015–0326, FMCSA–2018– 0050, FMCSA–2018–0051, FMCSA– 2019–0206, FMCSA–2020–0046, FMCSA–2020–0047, or FMCSA–2022– 0043) 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, 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: khammond on DSKJM1Z7X2PROD with NOTICES I. Public Participation A. Submitting Comments If you submit a comment, please include the docket number for this notice (Docket No. FMCSA–2013–0109, Docket No. FMCSA–2015–0116, Docket No. FMCSA–2015–0323, Docket No. FMCSA–2015–0326, Docket No. FMCSA–2018–0050, Docket No. FMCSA–2018–0051, Docket No. FMCSA–2019–0206, Docket No. FMCSA–2020–0046, Docket No. FMCSA–2020–0047, or Docket No. FMCSA–2022–0043), 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 VerDate Sep<11>2014 19:25 Jun 27, 2024 Jkt 262001 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–2013–0109, FMCSA– 2015–0116, FMCSA–2015–0323, FMCSA–2015–0326, FMCSA–2018– 0050, FMCSA–2018–0051, FMCSA– 2019–0206, FMCSA–2020–0046, FMCSA–2020–0047, or FMCSA–2022– 0043) 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–2013–0109, FMCSA– 2015–0116, FMCSA–2015–0323, FMCSA–2015–0326, FMCSA–2018– 0050, FMCSA–2018–0051, FMCSA– 2019–0206, FMCSA–2020–0046, FMCSA–2020–0047, or FMCSA–2022– 0043) 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. PO 00000 Frm 00187 Fmt 4703 Sfmt 4703 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 12 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 12 applicants 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\28JNN1.SGM 28JNN1 khammond on DSKJM1Z7X2PROD with NOTICES Federal Register / Vol. 89, No. 125 / Friday, June 28, 2024 / Notices has satisfied the renewal conditions for obtaining an exemption from the epilepsy and seizure disorders prohibition. The 12 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. In accordance with 49 U.S.C. 31136(e) and 31315(b), the following groups of drivers received renewed exemptions in the month of July and are discussed below. As of July 1, 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: David Bigler (MN) Michael Davis (ME) Daniel Dellasera (CA) John Johnson (WI) Nathan Kanouff (GA) Sean Moran (MA) Stephen Soden (LA) Kevin Sprinkle (NC) Michael Vitch (MA) The drivers were included in docket number FMCSA–2013–0109, FMCSA– 2015–0116, FMCSA–2015–0323, FMCSA–2015–0326, FMCSA–2018– 0050, FMCSA–2018–0051, FMCSA– 2019–0206, FMCSA–2020–0046, or FMCSA–2022–0043. Their exemptions are applicable as of July 1, 2024 and will expire on July 1, 2026. As of July 21, 2024, and in accordance with 49 U.S.C. 31136(e) and 31315(b), the following three individuals have satisfied the renewal conditions for obtaining an exemption from the epilepsy and seizure disorders prohibition in the FMCSRs for interstate CMV drivers: Sonny Chase (MN); Jason Miller (NE); and Michael Morris (OR). VerDate Sep<11>2014 19:25 Jun 27, 2024 Jkt 262001 54125 The drivers were included in docket number FMCSA–2020–0047. Their exemptions are applicable as of July 21, 2024 and will expire on July 21, 2026. DEPARTMENT OF TRANSPORTATION V. Conditions and Requirements [Docket No. FMCSA–2022–0240] 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). Parts and Accessories Necessary for Safe Operation; Application for an Exemption From Brent Higgins Trucking, Inc., USDOT #717434 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 12 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. 2024–14328 Filed 6–27–24; 8:45 am] BILLING CODE 4910–EX–P PO 00000 Frm 00188 Fmt 4703 Sfmt 4703 Federal Motor Carrier Safety Administration Federal Motor Carrier Safety Administration (FMCSA), Department of Transportation (DOT). ACTION: Notice of final disposition; grant of exemption. AGENCY: The Federal Motor Carrier Safety Administration (FMCSA) announces its decision to grant an application from Brent Higgins Trucking, Inc. (Higgins, USDOT #717434) for an exemption to allow it to operate commercial motor vehicles (CMVs) equipped with a module manufactured by Intellistop, Inc. (Intellistop). The Intellistop module is designed to pulse the required rear clearance, identification, and brake lamps from a lower-level lighting intensity to a higher-level lighting intensity 4 times in 2 seconds when the brakes are applied and then return the lights to a steady-burning state while the brakes remain engaged. The Agency has determined that granting the exemption to Higgins would likely achieve a level of safety equivalent to, or greater than, the level of safety achieved by the regulation. SUMMARY: This exemption is effective June 28, 2024 and ending June 28, 2029. FOR FURTHER INFORMATION CONTACT: Mr. David Sutula, Vehicle and Roadside Operations Division, Office of Carrier, Driver, and Vehicle Safety, MC–PSV, (202) 366–9209, Federal Motor Carrier Safety Administration, 1200 New Jersey Avenue SE, Washington, DC 20590– 0001; MCPSV@dot.gov. DATES: I. Viewing Comments and Documents To view comments, go to www.regulations.gov, insert the docket number ‘‘FMCSA–2022–0240’’ in the keyword box, and click ‘‘Search.’’ Next, sort the results by ‘‘Posted (NewerOlder),’’ choose the first notice listed, click ‘‘Browse Comments.’’ To view documents mentioned in this notice as being available in the docket, go to www.regulations.gov, insert the docket number ‘‘FMCSA–2022–0240’’ in the keyword box, click ‘‘Search,’’ and chose the document to review. If you do not have access to the internet, you may view the docket online by visiting Dockets Operations E:\FR\FM\28JNN1.SGM 28JNN1

Agencies

[Federal Register Volume 89, Number 125 (Friday, June 28, 2024)]
[Notices]
[Pages 54123-54125]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-14328]


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

DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2013-0109; FMCSA-2015-0116; FMCSA-2015-0323; FMCSA-
2015-0326; FMCSA-2018-0050; FMCSA-2018-0051; FMCSA-2019-0206; FMCSA-
2020-0046; FMCSA-2020-0047; FMCSA-2022-0043]


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 12 
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 are applicable on the dates 
stated in the discussions below and will expire on the dates stated in 
the discussions below. Comments must be received on or before July 29, 
2024.

ADDRESSES: You may submit comments identified by the Federal Docket 
Management System Docket No. FMCSA-2013-0109, Docket No. FMCSA-2015-
0116, Docket No. FMCSA-2015-0323, Docket No. FMCSA-2015-0326, Docket 
No. FMCSA-2018-0050, Docket No. FMCSA-2018-0051, Docket No. FMCSA-2019-
0206, Docket No. FMCSA-2020-0046, Docket No. FMCSA-2020-0047, or Docket 
No. FMCSA-2022-0043 using any of the following methods:

[[Page 54124]]

     Federal eRulemaking Portal: Go to www.regulations.gov/, 
insert the docket number (FMCSA-2013-0109, FMCSA-2015-0116, FMCSA-2015-
0323, FMCSA-2015-0326, FMCSA-2018-0050, FMCSA-2018-0051, FMCSA-2019-
0206, FMCSA-2020-0046, FMCSA-2020-0047, or FMCSA-2022-0043) 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-2013-0109, Docket No. FMCSA-2015-0116, Docket 
No. FMCSA-2015-0323, Docket No. FMCSA-2015-0326, Docket No. FMCSA-2018-
0050, Docket No. FMCSA-2018-0051, Docket No. FMCSA-2019-0206, Docket 
No. FMCSA-2020-0046, Docket No. FMCSA-2020-0047, or Docket No. FMCSA-
2022-0043), 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-2013-0109, FMCSA-2015-0116, FMCSA-2015-0323, 
FMCSA-2015-0326, FMCSA-2018-0050, FMCSA-2018-0051, FMCSA-2019-0206, 
FMCSA-2020-0046, FMCSA-2020-0047, or FMCSA-2022-0043) 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-2013-0109, FMCSA-2015-0116, FMCSA-2015-0323, FMCSA-2015-
0326, FMCSA-2018-0050, FMCSA-2018-0051, FMCSA-2019-0206, FMCSA-2020-
0046, FMCSA-2020-0047, or FMCSA-2022-0043) 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 12 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 12 
applicants

[[Page 54125]]

has satisfied the renewal conditions for obtaining an exemption from 
the epilepsy and seizure disorders prohibition. The 12 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.
    In accordance with 49 U.S.C. 31136(e) and 31315(b), the following 
groups of drivers received renewed exemptions in the month of July and 
are discussed below. As of July 1, 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:

David Bigler (MN)
Michael Davis (ME)
Daniel Dellasera (CA)
John Johnson (WI)
Nathan Kanouff (GA)
Sean Moran (MA)
Stephen Soden (LA)
Kevin Sprinkle (NC)
Michael Vitch (MA)

    The drivers were included in docket number FMCSA-2013-0109, FMCSA-
2015-0116, FMCSA-2015-0323, FMCSA-2015-0326, FMCSA-2018-0050, FMCSA-
2018-0051, FMCSA-2019-0206, FMCSA-2020-0046, or FMCSA-2022-0043. Their 
exemptions are applicable as of July 1, 2024 and will expire on July 1, 
2026.
    As of July 21, 2024, and in accordance with 49 U.S.C. 31136(e) and 
31315(b), the following three individuals have satisfied the renewal 
conditions for obtaining an exemption from the epilepsy and seizure 
disorders prohibition in the FMCSRs for interstate CMV drivers:
    Sonny Chase (MN); Jason Miller (NE); and Michael Morris (OR).
    The drivers were included in docket number FMCSA-2020-0047. Their 
exemptions are applicable as of July 21, 2024 and will expire on July 
21, 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 12 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. 2024-14328 Filed 6-27-24; 8:45 am]
BILLING CODE 4910-EX-P
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.