Qualification of Drivers; Exemption Applications; Epilepsy and Seizure Disorders, 59960-59961 [2024-16192]

Download as PDF 59960 Federal Register / Vol. 89, No. 142 / Wednesday, July 24, 2024 / Notices Notice is hereby given that FHWA and other Federal agencies have taken final agency actions by issuing approvals for the following emergency bridge rebuild along with its approaches project in Maryland: the Francis Scott Key Bridge (Project). The actions by the Federal agencies, and the laws under which such actions were taken, are described in the CE and the associated agency records. That information is available by contacting FHWA at the address provided above and can also be viewed and downloaded from the project website at: https:// keybridgerebuild.com/. This notice applies to all Federal agency decisions as of the issuance date of this notice and all laws under which such actions were taken, including but not limited to: 1. National Environmental Policy Act [42 U.S.C. 4321–4351]. 2. Federal-Aid Highway Act [23 U.S.C. 109]. 3. Clean Air Act [42 U.S.C. 7401– 7671(q)]. 4. Section 6(f) of the Land and Water Conservation Fund Act of 1965 [16 U.S.C. 4601–4 et seq.]. 5. Section 4(f) of the Department of Transportation Act of 1966 [49 U.S.C. 303]. 6. Endangered Species Act [16 U.S.C. 1531–1544 and 1536]. 7. Fish and Wildlife Coordination Act [16 U.S.C. 661–667(d)]. 8. Migratory Bird Treaty Act [16 U.S.C. 703–712]. 9. Bald and Golden Eagle Protection Act [16 U.S.C. 668–668c]. 10. Section 106 of the National Historic Preservation Act of 1966, as amended [54 U.S.C. 306101 et seq.]. 11. Civil Rights Act of 1964 [42 U.S.C. 2000d et seq.]. 12. Farmland Protection Policy Act [7 U.S.C. 4201–4209]. 13. Clean Water Act (Section 319, Section 401, Section 402, Section 404) [33 U.S.C. 1251–1377]. 14. Safe Drinking Water Act [42 U.S.C. 300(f) et seq.]. 15. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 [42 U.S.C. 4601 et seq.]. 16. Noise Control Act of 1972 [42 U.S.C. 4901 et seq.]. 17. Resource Conservation and Recovery Act [42 U.S.C. 6901–6992(k)]. 18. Comprehensive Environmental Response, Compensation, and Liability Act [42 U.S.C. 9601–9675]. 19. Americans with Disabilities Act of 1990 [42 U.S.C. 12101]. 20. Executive Order 11990 Protection of Wetlands. 21. Executive Order 11988 Floodplain Management. ddrumheller on DSK120RN23PROD with NOTICES1 SUPPLEMENTARY INFORMATION: VerDate Sep<11>2014 17:57 Jul 23, 2024 Jkt 262001 22. Executive Order 12898 Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations. 23. Executive Order 11593 Protection and Enhancement of Cultural Resources. 24. Executive Order 13007 Indian Sacred Sites. 25. Executive Order 13287 Preserve America. 26. Executive Order 13175 Consultation and Coordination with Indian Tribal Governments. 27. Executive Order 11514 Protection and Enhancement of Environmental Quality. 28. Executive Order 13112 Invasive Species. 29. Executive Order 13166 Improving Access to Services for Persons with Limited English Proficiency. 30. Executive Order 13045 Protection of Children From Environmental Health Risks and Safety Risks. 31. Executive Order 14096 Revitalizing Our Nation’s Commitment to Environmental Justice for All. (Catalog of Federal Domestic Assistance Program Number 20.205, Highway Planning and Construction. The regulations implementing Executive Order 12372 regarding intergovernmental consultation on Federal programs and activities apply to this program.) Authority: 23 U.S.C. 139(l)(1), as amended by Moving Ahead for Progress in the 21st Century Act, (Pub. L. 112– 141, 126 Stat. 405). Valeriya Remezova, Division Administrator, Baltimore, Maryland. [FR Doc. 2024–16217 Filed 7–23–24; 8:45 am] BILLING CODE 4910–RY–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA–2013–0108; FMCSA– 2013–0443; FMCSA–2014–0381; FMCSA– 2015–0115; FMCSA–2015–0320; FMCSA– 2015–0321; FMCSA–2017–0254; FMCSA– 2018–0050; FMCSA–2019–0034; FMCSA– 2020–0045; FMCSA–2022–0042; 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 final disposition. AGENCY: FMCSA announces its decision to renew exemptions for 18 individuals from the requirement in the Federal Motor Carrier Safety SUMMARY: PO 00000 Frm 00071 Fmt 4703 Sfmt 4703 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 were applicable on June 28, 2024. The exemptions expire on June 28, 2026. 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: I. Public Participation A. Viewing Comments To view comments go to www.regulations.gov. Insert the docket number (FMCSA–2013–0108, FMCSA– 2013–0443, FMCSA–2014–0381, FMCSA–2015–0115, FMCSA–2015– 0320, FMCSA–2015–0321, FMCSA– 2017–0254, FMCSA–2018–0050, FMCSA–2019–0034, FMCSA–2020– 0045, FMCSA–2022–0042, 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. 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/ E:\FR\FM\24JYN1.SGM 24JYN1 Federal Register / Vol. 89, No. 142 / Wednesday, July 24, 2024 / Notices individuals/privacy/privacy-act-systemrecords-notices, the comments are searchable by the name of the submitter. II. Background On June 11, 2024, FMCSA published a notice announcing its decision to renew exemptions for 18 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 49261). The public comment period ended on July 11, 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. ddrumheller on DSK120RN23PROD with NOTICES1 III. Discussion of Comments FMCSA received no comments in this proceeding. IV. Conclusion Based on its evaluation of the 18 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 June 28, 2024, and in accordance with 49 U.S.C. 31136(e) and 31315(b), the following 18 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 49261): Randall Bernath (MI) James Craw (ME) Paul Drewer (WA) Jeremy Fehrman (WI) David Funk (OH) Scott Gessner (PA) 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 17:57 Jul 23, 2024 Jkt 262001 Daniel Halstead (NV) Aaron Harms (MO) John Holland, II (IN) Scott Hughes (IL) Brian Johnson (MN) Larry Lintelman (AK) Michael Miller (WI) Chad Smith (MA) Daniel Verduzco (CA) Mohammad Warrad (IA) Michael Weymouth (NH) Karl Wilson, Jr. (GA) The drivers were included in docket number FMCSA–2013–0108, FMCSA– 2013–0443, FMCSA–2014–0381, FMCSA–2015–0115, FMCSA–2015– 0320, FMCSA–2015–0321, FMCSA– 2017–0254, FMCSA–2018–0050, FMCSA–2019–0034, FMCSA–2020– 0045, FMCSA–2022–0042, or FMCSA– 2022–0043. Their exemptions were applicable as of June 28, 2024 and will expire on June 28, 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. 2024–16192 Filed 7–23–24; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION [Docket No. FMCSA–2024–0013] Qualification of Drivers; Exemption Applications; Hearing Federal Motor Carrier Safety Administration (FMCSA), Department of Transportation (DOT). ACTION: Notice of applications for exemption; request for comments. AGENCY: FMCSA announces receipt of applications from 11 individuals for an exemption from the hearing requirement in the Federal Motor Carrier Safety Regulations (FMCSRs) to operate a commercial motor vehicle (CMV) in interstate commerce. If granted, the exemptions would enable these hard of hearing and deaf individuals to operate CMVs in interstate commerce. PO 00000 Frm 00072 Fmt 4703 Sfmt 4703 Comments must be received on or before August 23, 2024. ADDRESSES: You may submit comments identified by the Federal Docket Management System Docket No. FMCSA–2024–0013 using any of the following methods: • Federal eRulemaking Portal: Go to www.regulations.gov/, insert the docket number (FMCSA–2024–0013) in the keyword box and click ‘‘Search.’’ Next, choose the only 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, Room W64–224, Washington, DC 20590–0001, (202) 366– 4001, fmcsamedical@dot.gov. Office hours are 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: DATES: I. Public Participation Federal Motor Carrier Safety Administration SUMMARY: 59961 A. Submitting Comments If you submit a comment, please include the docket number for this notice (Docket No. FMCSA–2024–0013), 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 https://www.regulations.gov/docket/ FMCSA-2024-0013. Next, sort the results E:\FR\FM\24JYN1.SGM 24JYN1

Agencies

[Federal Register Volume 89, Number 142 (Wednesday, July 24, 2024)]
[Notices]
[Pages 59960-59961]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-16192]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2013-0108; FMCSA-2013-0443; FMCSA-2014-0381; FMCSA-
2015-0115; FMCSA-2015-0320; FMCSA-2015-0321; FMCSA-2017-0254; FMCSA-
2018-0050; FMCSA-2019-0034; FMCSA-2020-0045; FMCSA-2022-0042; 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 final disposition.

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

SUMMARY: FMCSA announces its decision to renew exemptions for 18 
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 were applicable on June 28, 2024. The exemptions 
expire on June 28, 2026.

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-2013-0108, FMCSA-2013-0443, FMCSA-2014-0381, FMCSA-2015-
0115, FMCSA-2015-0320, FMCSA-2015-0321, FMCSA-2017-0254, FMCSA-2018-
0050, FMCSA-2019-0034, FMCSA-2020-0045, FMCSA-2022-0042, 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.

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/

[[Page 59961]]

individuals/privacy/privacy-act-system-records-notices, the comments 
are searchable by the name of the submitter.

II. Background

    On June 11, 2024, FMCSA published a notice announcing its decision 
to renew exemptions for 18 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 
49261). The public comment period ended on July 11, 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 18 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 June 28, 2024, and in accordance with 49 U.S.C. 31136(e) and 
31315(b), the following 18 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 
49261):

Randall Bernath (MI)
James Craw (ME)
Paul Drewer (WA)
Jeremy Fehrman (WI)
David Funk (OH)
Scott Gessner (PA)
Daniel Halstead (NV)
Aaron Harms (MO)
John Holland, II (IN)
Scott Hughes (IL)
Brian Johnson (MN)
Larry Lintelman (AK)
Michael Miller (WI)
Chad Smith (MA)
Daniel Verduzco (CA)
Mohammad Warrad (IA)
Michael Weymouth (NH)
Karl Wilson, Jr. (GA)

    The drivers were included in docket number FMCSA-2013-0108, FMCSA-
2013-0443, FMCSA-2014-0381, FMCSA-2015-0115, FMCSA-2015-0320, FMCSA-
2015-0321, FMCSA-2017-0254, FMCSA-2018-0050, FMCSA-2019-0034, FMCSA-
2020-0045, FMCSA-2022-0042, or FMCSA-2022-0043. Their exemptions were 
applicable as of June 28, 2024 and will expire on June 28, 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. 2024-16192 Filed 7-23-24; 8:45 am]
BILLING CODE 4910-EX-P
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