Qualification of Drivers; Exemption Applications; Epilepsy and Seizure Disorders, 64532-64534 [2024-17422]

Download as PDF 64532 Federal Register / Vol. 89, No. 152 / Wednesday, August 7, 2024 / Notices fee tier may be deemed appropriate.124 KOR will generate invoices by the fifth (5th) day of every calendar month for the prior month’s activity.125 The billing currency is USD ($) and invoices must be paid in USD.126 Invoices are payable within 45 days upon receipt.127 Accounts not paid within terms are subject to a 1.5% monthly finance charge.128 KOR SBSDR will accept and process billing adjustments up to 45 days after the invoice date.129 Adjustment requests received after the 45-day period will not be accepted by KOR SBSDR.130 Approved adjustments will be applied as credits and appear on the next billing cycle as a separate line item.131 E. Recordkeeping The KOR Rulebook provides that KOR will maintain transaction data and related identifying information for not less than five years after the applicable security-based swap expires and historical positions for not less than five years: (a) in a place and format that is readily accessible and usable to the Commission and other persons with authority to access or view such information, and (b) in an electronic format that is non-rewriteable and nonerasable.132 F. Disclosure KOR publishes a disclosure document to provide a summary of information regarding its service offerings and the SBS data it maintains.133 Specifically, the disclosure document sets forth a description of the following: (i) criteria for providing access to KOR SBSBR; (ii) criteria for market participants seeking to connect to the SBSDR; (iii) policies and procedures regarding the SBSDR’s safeguarding of SBSDR data and operational reliability to protect the confidentiality and security of SBSDR data; (iv) policies and procedures to protect the privacy of SBSDR data; (v) khammond on DSKJM1Z7X2PROD with NOTICES 124 See KOR SEC SBSDR Fee Schedule, Ex. M–1, sec. 3.2. 125 See KOR SEC SBSDR Fee Schedule, Ex. M–1, sec. 5.0. 126 See KOR SEC SBSDR Fee Schedule, Ex. M–1, sec. 5.0. 127 See KOR SEC SBSDR Fee Schedule, Ex. M–1, sec. 5.0. 128 See KOR SEC SBSDR Fee Schedule, Ex. M–1, sec. 5.0. 129 See KOR SEC SBSDR Fee Schedule, Ex. M–1, sec. 5.0. 130 See KOR SEC SBSDR Fee Schedule, Ex. M–1, sec. 5.0. 131 See KOR SEC SBSDR Fee Schedule, Ex. M–1, sec. 5.0. 132 See Rulebook, Ex. HH, sec. 9.4; see also KOR SEC SBSDR Disclosure Document v1.2, Ex. GG–2, sec. 7.4.4. 133 See KOR SEC SBSDR Disclosure Document v1.2, Ex. GG–2. VerDate Sep<11>2014 17:07 Aug 06, 2024 Jkt 262001 policies and procedures regarding the SBSDR’s non-commercial and/or commercial use of SBSDR data; (vi) dispute resolution procedures; (vii) description of SBSDR services; (viii) the SBSDR fee schedule; and (ix) the SBSDR’s governance arrangements.134 G. Regulatory Reporting and Public Dissemination As a registered SDR, KOR would carry out an important role in the regulatory reporting and public dissemination of SBS transactions. As noted above, KOR has stated that it intends to rely on the no-action statement included in the ANE Adopting Release for the period set forth in the ANE Adopting Release with respect to any SBS asset class or classes for which it intends to accept transaction reports.135 Therefore, KOR does not need to include materials in its application explaining how it would comply with the provisions of the SBS Reporting Rules described in the noaction statement.136 Instead, KOR may rely on its discussion about how it complies with comparable CFTC requirements pertaining to regulatory reporting and public dissemination of swap transactions. IV. Solicitation of Comments Interested persons are invited to submit written data, views, and arguments concerning KOR’s Form SDR, including whether KOR has satisfied the requirements for registration as an SDR and as a SIP. Commenters are requested, to the extent possible, to provide empirical data and other factual support for their views. Comments may be submitted by any of the following methods: Electronic Comments • Use the Commission’s internet comment form (https://www.sec.gov/ rules-regulations/how-submitcomment); or • Send an email to rule-comments@ sec.gov. Please include File Number SBSDR–2023–01 on the subject line. Paper Comments • Send paper comments to Secretary, Securities and Exchange Commission, 134 See KOR SEC SBSDR Disclosure Document v1.2, Ex. GG–2. 135 See supra notes 28–29 and accompanying text. 136 However, the KOR application includes provisions explaining how KOR would require users to identify SBS, as required by Rule 901(c)(1) of Regulation SBSR. See Rulebook, Ex. HH, sec. 5.4 (regarding Unique Product Identifiers). The KOR application also includes provisions explaining how KOR would comply with the conditions to the no-action statement included in the ANE Adopting Release. PO 00000 Frm 00132 Fmt 4703 Sfmt 4703 100 F Street NE, Washington, DC 20549–1090. All submissions should refer to File Number SBSDR–2023–01. To help the Commission process and review your comments more efficiently, please use only one method of submission. The Commission will post all comments on the Commission’s internet website (https://www.sec.gov/rules/other.shtml). Copies of the Form SDR, all subsequent amendments, all written statements with respect to the Form SDR that are filed with the Commission, and all written communications relating to the Form SDR between the Commission and any person, other than those that may be withheld from the public in accordance with the provisions of 5 U.S.C. 552, will be available for website viewing and printing in the Commission’s Public Reference Section, 100 F Street NE, Washington, DC 20549, on official business days between the hours of 10 a.m. and 3 p.m. Do not include personal identifiable information in submissions; you should submit only information that you wish to make available publicly. We may redact in part or withhold entirely from publication submitted material that is obscene or subject to copyright protection. All submissions should refer to File Number SBSDR–2023–01 and should be submitted on or before August 28, 2024. By the Commission. Sherry R. Haywood, Assistant Secretary. [FR Doc. 2024–17423 Filed 8–6–24; 8:45 am] BILLING CODE 8011–01–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA–2013–0109; FMCSA– 2013–044; FMCSA–2022–0044] 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 seven individuals from the requirement in the Federal Motor Carrier Safety Regulations (FMCSRs) that interstate commercial motor vehicle (CMV) drivers have ‘‘no established medical SUMMARY: E:\FR\FM\07AUN1.SGM 07AUN1 khammond on DSKJM1Z7X2PROD with NOTICES Federal Register / Vol. 89, No. 152 / Wednesday, August 7, 2024 / Notices 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 August 31, 2024. The exemptions expire on August 31, 2026. Comments must be received on or before September 6, 2024. ADDRESSES: You may submit comments identified by the Federal Docket Management System Docket No. FMCSA–2013–0109, Docket No. FMCSA–2013–044, or Docket No. FMCSA–2022–0044 using any of the following methods: • Federal eRulemaking Portal: Go to www.regulations.gov/, insert the docket number (FMCSA–2013–0109, FMCSA– 2013–044, or FMCSA–2022–0044) in the keyword box and click ‘‘Search.’’ Next, sort the results by ‘‘Posted (NewerOlder),’’ 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: I. Public Participation A. Submitting Comments If you submit a comment, please include the docket number for this notice (Docket No. FMCSA–2013–0109, VerDate Sep<11>2014 17:07 Aug 06, 2024 Jkt 262001 Docket No. FMCSA–2013–044, or Docket No. FMCSA–2022–0044), 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– 2013–044, or FMCSA–2022–0044) in the keyword box and click ‘‘Search.’’ Next, sort the results by ‘‘Posted (NewerOlder),’’ 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– 2013–044, or FMCSA–2022–0044) in the keyword box and click ‘‘Search.’’ Next, sort the results by ‘‘Posted (NewerOlder),’’ choose the first notice listed, and click ‘‘Browse Comments.’’ If you do not have access to the internet, you may view the docket online by visiting Dockets Operations on the ground floor of the DOT West Building, 1200 New Jersey Avenue SE, Washington, DC 20590–0001, between 9 a.m. and 5 p.m. ET Monday through Friday, except Federal holidays. To be sure someone is there to help you, please call (202) 366– 9317 or (202) 366–9826 before visiting Dockets Operations. C. Privacy Act In accordance with 49 U.S.C. 31315(b)(6), DOT solicits comments from the public on the exemption 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 PO 00000 Frm 00133 Fmt 4703 Sfmt 4703 64533 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 seven 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 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\07AUN1.SGM 07AUN1 64534 Federal Register / Vol. 89, No. 152 / Wednesday, August 7, 2024 / Notices 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 seven applicants has satisfied the renewal conditions for obtaining an exemption from the epilepsy and seizure disorders prohibition. The seven 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 August 31, 2024, and in accordance with 49 U.S.C. 31136(e) and 31315(b), the following seven individuals have satisfied the renewal conditions for obtaining an exemption from the epilepsy and seizure disorders prohibition in the FMCSRs for interstate CMV drivers: Cody Baker (IN) David P. Crowe (VA) Michael Curtis Gibson (SC) Raymond Lobo (NJ) Alexis Roldan (IL) William Smith (NC) Yoon Song (CA) The drivers were included in docket number FMCSA–2013–0109, FMCSA– 2013–044, or FMCSA–2022–0044. Their exemptions are applicable as of August 31, 2024 and will expire on August 31, 2026. khammond on DSKJM1Z7X2PROD with NOTICES 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 VerDate Sep<11>2014 17:07 Aug 06, 2024 Jkt 262001 defined by § 390.5; and (4) each driver must provide a copy of the annual medical certification to the employer for retention in the driver’s qualification file, or keep a copy of his/her driver’s qualification file if he/she is selfemployed. The driver must also have a copy of the exemption when driving, for presentation to a duly authorized Federal, State, or local enforcement official. The exemption will be rescinded if: (1) the person fails to comply with the terms and conditions of the exemption; (2) the exemption has resulted in a lower level of safety than was maintained before it was granted; or (3) continuation of the exemption would not be consistent with the goals and objectives of 49 U.S.C. 31136(e) and 31315(b). VI. Preemption During the period the exemption is in effect, no State shall enforce any law or regulation that conflicts with this exemption with respect to a person operating under the exemption. VII. Conclusion Based on its evaluation of the seven 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. 2024–17422 Filed 8–6–24; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION Office of the Secretary [Docket No. DOT–OST–2024–0083] Senior Executive Service Performance Review Board Membership Office of the Secretary, Department of Transportation (DOT). ACTION: Notice of Performance Review Board (PRB) appointments. AGENCY: DOT published the names of the persons selected to serve on Departmental PRBs. FOR FURTHER INFORMATION CONTACT: Anne B. Audet, Director, Departmental Office of Human Resource Management (202) 366–2478. SUPPLEMENTARY INFORMATION: The persons named below may be selected to serve on one or more Departmental PRBs. SUMMARY: PO 00000 Frm 00134 Fmt 4703 Sfmt 4703 (Authority: 5 U.S.C. 4314(c)(4)) Issued in Washington, DC, on August 1, 2024. Anne B. Audet, Director, Departmental Office of Human Resource Management. DEPARTMENT OF TRANSPORTATION FEDERAL HIGHWAY ADMINISTRATION ALONZI, ACHILLE ARNOLD, ROBERT E BAKER, SHANA V BENJAMIN, RANDALL KEITH II BEZIO, BRIAN R BIONDI, EMILY CHRISTINE BRIGGS, VALERIE ANNETTE BURROWS, SHAY K BUTLER, JENNIFER AYANNA CHIN, ARTHUR ANDREW CHRISTIAN, JAMES C CRONIN, BRIAN P CURTIS, STEPHANIE EVANS, MONIQUE REDWINE FINFROCK, ARLAN E JR FLEURY, NICOLLE M FOUCH, BRIAN J HARTMANN, JOSEPH L HOGGE, BRIAN R. HUGHES, CAITLIN GWYNNE JENSEN, GARY ALAN KALLA, HARI KEHRLI, MARK R KNOPP, MARTIN C KONOVE, ELISSA K LEWIS, DAVID A MARQUIS, RICHARD J MARSHALL, DANA R MCLAURY, KEVIN L NEHME, JEAN ANTOINE NELSON, THOMAS L JR. NESBITT, MICHAEL D PETTY, KENNETH II REGAL, GERALDINE K RICHARDSON, CHRISTOPHER STEVEN RICO, IRENE RITTER, ROBERT G RUSNAK, ALLISON B SANTIAGO, DAMARIS SCHAFTLEIN, SHARI M SHAFFER, RHONDA C SHEPHERD, GLORIA MORGAN SIDDIQI, BASHARAT SOSA, MAYELA STEPHANOS, PETER J THORNTON, NICHOLAS R WHITE, KRISTIN RAE WILNER, MARCUS D WINTER, DAVID R WRIGHT, LESLIE JANICE FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION BECK, VALERIE S FROMM, CHARLES J HERNANDEZ, SCOTT E:\FR\FM\07AUN1.SGM 07AUN1

Agencies

[Federal Register Volume 89, Number 152 (Wednesday, August 7, 2024)]
[Notices]
[Pages 64532-64534]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-17422]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2013-0109; FMCSA-2013-044; FMCSA-2022-0044]


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 seven 
individuals from the requirement in the Federal Motor Carrier Safety 
Regulations (FMCSRs) that interstate commercial motor vehicle (CMV) 
drivers have ``no established medical

[[Page 64533]]

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 August 31, 2024. The exemptions 
expire on August 31, 2026. Comments must be received on or before 
September 6, 2024.

ADDRESSES: You may submit comments identified by the Federal Docket 
Management System Docket No. FMCSA-2013-0109, Docket No. FMCSA-2013-
044, or Docket No. FMCSA-2022-0044 using any of the following methods:
     Federal eRulemaking Portal: Go to www.regulations.gov/, 
insert the docket number (FMCSA-2013-0109, FMCSA-2013-044, or FMCSA-
2022-0044) 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-2013-044, or 
Docket No. FMCSA-2022-0044), 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-2013-044, or FMCSA-2022-0044) 
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-2013-044, or FMCSA-2022-0044) 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 seven 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

[[Page 64534]]

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 
seven applicants has satisfied the renewal conditions for obtaining an 
exemption from the epilepsy and seizure disorders prohibition. The 
seven 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 August 31, 2024, and in accordance with 49 U.S.C. 31136(e) 
and 31315(b), the following seven individuals have satisfied the 
renewal conditions for obtaining an exemption from the epilepsy and 
seizure disorders prohibition in the FMCSRs for interstate CMV drivers:

Cody Baker (IN)
David P. Crowe (VA)
Michael Curtis Gibson (SC)
Raymond Lobo (NJ)
Alexis Roldan (IL)
William Smith (NC)
Yoon Song (CA)

    The drivers were included in docket number FMCSA-2013-0109, FMCSA-
2013-044, or FMCSA-2022-0044. Their exemptions are applicable as of 
August 31, 2024 and will expire on August 31, 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 seven 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. 2024-17422 Filed 8-6-24; 8:45 am]
BILLING CODE 4910-EX-P
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