Qualification of Drivers; Exemption Applications; Epilepsy and Seizure Disorders, 75632-75633 [2024-20926]

Download as PDF 75632 Federal Register / Vol. 89, No. 179 / Monday, September 16, 2024 / Notices lotter on DSK11XQN23PROD with NOTICES1 situations you wouldn’t normally.’’ RJ’s Trucking & Logistics LLC stated, ‘‘I believe he should be exempt and the requirement should be discontinued. ELD does nothing but give brokers more power. Some use this as a way to fine you a load. If its [sic] about safety then why do some still let you get a load. There is nothing wrong with paper logs.’’ Of the 24 comments filed opposing the exemption, six were from trucking companies. The commenters who opposed granting the exemption emphasized placing safety first. Joint comments filed by the Truck Safety Coalition, Citizens for Reliable and Safety Highways, and Parents Against Tired Truckers stated that safety ‘‘must be the top priority, not the last to be addressed with whatever funds remain available. Safety has a cost, and it must be paid by all industry stakeholders if meaningful progress will be made in reducing truck crash deaths and injuries.’’ John Bowlby stated, ‘‘This exemption should not be granted. ELDs make it harder for drivers to cheat. A new business tight on cash flow would be tempted to cheat to make more money.’’ Some commenters also cited the relatively low cost of ELDs. An anonymous commenter stated, ‘‘I pay $300 a year for ELD. If you can’t afford that, how are you going to pay for safety related items. 1 tire costs more than that.’’ V. FMCSA Safety Analysis and Decision FMCSA evaluated GTLM’s application and the public comments and denies the exemption request. GTLM failed to establish that it would likely achieve a level of safety equivalent to, or greater than, the level achieved without the exemption. ELDs help drivers more accurately track driving time to ensure compliance with HOS regulations, which are designed to help drivers maintain alertness while operating CMVs. Additionally, ELDs decrease the likelihood that the RODS could be altered after the date the records were generated, without leaving an electronic trail. For these reasons, and as discussed in the amended rulemaking proceedings that established the ELD requirements [80 FR 78292], the Agency believes the level of safety provided by the use of ELDs is likely greater than that provided by the use of paper logs as an alternative. GTLM did not propose safety countermeasures to compensate for the lower level of safety that paper logs entail. Economic difficulties, such as those that GTLM described, do not justify the granting of an exemption. VerDate Sep<11>2014 17:23 Sep 13, 2024 Jkt 262001 For the reasons stated, GTLM’s exemption application is denied. Vincent G. White, Deputy Administrator. [FR Doc. 2024–20931 Filed 9–13–24; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA–2024–0026] Qualification of Drivers; Exemption Applications; Epilepsy and Seizure Disorders Federal Motor Carrier Safety Administration (FMCSA), Department of Transportation (DOT). ACTION: Notice of denials. AGENCY: FMCSA announces its decision to deny applications from 21 individuals who requested an exemption from the Federal Motor Carrier Safety Regulations (FMCSRs) prohibiting persons with a clinical diagnosis of epilepsy or any other condition that is likely to cause a loss of consciousness or any loss of ability to operate a commercial motor vehicle (CMV) from operating CMVs in interstate commerce. FOR FURTHER INFORMATION CONTACT: Ms. Christine A. Hydock, Chief, Medical Programs Division, FMCSA, Department of Transportation, 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 material in the docket, contact Dockets Operations, (202) 366–9826. SUPPLEMENTARY INFORMATION: SUMMARY: I. Public Participation A. Comments To view comments go to www.regulations.gov. Insert the docket number (FMCSA–2024–0026) in the keyword box, and click ‘‘Search.’’ Next, choose the only 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. PO 00000 Frm 00107 Fmt 4703 Sfmt 4703 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-systemrecords-notices, the comments are searchable by the name of the submitter. II. Background FMCSA received applications from 21 individuals who requested an exemption from the FMCSRs prohibiting persons with a clinical diagnosis of epilepsy or any other condition that is likely to cause a loss of consciousness or any loss of ability to operate a CMV from operating CMVs in interstate commerce. FMCSA has evaluated the eligibility of these applicants and concluded that granting these exemptions would not provide a level of safety that would be equivalent to, or greater than, the level of safety that would be obtained by complying with § 391.41(b)(8). III. Basis for Exemption Determination 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 statute also allows the Agency to renew exemptions at the end of the 5-year period. FMCSA grants medical exemptions from the FMCSRs for a 2year period to align with the maximum duration of a driver’s medical certification. The Agency’s decision regarding these exemption applications is based on the eligibility criteria, the terms and conditions for Federal exemptions, and an individualized assessment of each applicant’s medical information provided by the applicant. IV. Conclusion The Agency has determined that these applicants do not satisfy the eligibility criteria or meet the terms and conditions of the Federal exemption and granting these exemptions would not provide a level of safety that would be equivalent to, or greater than, the level of safety that would be obtained by complying with § 391.41(b)(8). Therefore, the 21 applicants in this notice have been denied exemptions E:\FR\FM\16SEN1.SGM 16SEN1 Federal Register / Vol. 89, No. 179 / Monday, September 16, 2024 / Notices from the physical qualification standards in § 391.41(b)(8). Each applicant has, prior to this notice, received a letter of final disposition regarding his/her exemption request. Those decision letters fully outlined the basis for the denial and constitute final action by the Agency. This notice summarizes the Agency’s recent denials as required under 49 U.S.C. 31315(b)(4) by periodically publishing names and reasons for denial. The following 21 applicants do not meet the minimum time requirement for being seizure-free, either on or off antiseizure medication: Nolan Beck (CA) Christina Branch (NC) Marqui Bunting (WV) Michael Burke (SC) Gostave Dessources (NJ) Antonio Dominguez (TX) Justin Elliott (OH) Tyler Fleischauer (MN) Ronald Glasener (TN) Patrick Grimes (PA) Timothy Howard (NY) Dylan Huynh (FL) Zachary Lee (MI) Trent May (MD) Christian Mouton (LA) Steve Patterson (NC) Kevin Pustelak (PA) Antonio Reddick (FL) Christopher Aaron Rowe (VA) Steven Shirley (UT) Andrew Stevens (AR) Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2024–20926 Filed 9–13–24; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION I. Public Participation Federal Motor Carrier Safety Administration [Docket No. FMCSA–2024–0015] 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 13 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. lotter on DSK11XQN23PROD with NOTICES1 SUMMARY: VerDate Sep<11>2014 17:23 Sep 13, 2024 Jkt 262001 Comments must be received on or before October 16, 2024. ADDRESSES: You may submit comments identified by the Federal Docket Management System Docket No. FMCSA–2024–0015 using any of the following methods: • Federal eRulemaking Portal: Go to www.regulations.gov/, insert the docket number (FMCSA–2024–0015) 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: A. Submitting Comments If you submit a comment, please include the docket number for this notice (Docket No. FMCSA–2024–0015), 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-2024-0015. Next, sort the results PO 00000 Frm 00108 Fmt 4703 Sfmt 4703 75633 by ‘‘Posted (Newer-Older),’’ choose the only 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–2024–0015) in the keyword box and click ‘‘Search.’’ Next, choose the only 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 requests. DOT posts these comments, without edit, including any personal information the commenter provides, to www.regulations.gov. As described in the system of records notice DOT/ALL 14 (Federal Docket Management System), which can be reviewed at https://www.transportation.gov/ individuals/privacy/privacy-act-systemrecords-notices, the comments are searchable by the name of the submitter. II. Background Under 49 U.S.C. 31136(e) and 31315(b), FMCSA may grant an exemption from the FMCSRs for no longer than a 5-year period if it finds such exemption would likely achieve a level of safety that is equivalent to, or greater than, the level that would be achieved absent such exemption. The statutes also allow the Agency to renew exemptions at the end of the 5-year period. FMCSA grants medical exemptions from the FMCSRs for a 2year period to align with the maximum duration of a driver’s medical certification. The 13 individuals listed in this notice have requested an exemption from the hearing requirement in 49 CFR E:\FR\FM\16SEN1.SGM 16SEN1

Agencies

[Federal Register Volume 89, Number 179 (Monday, September 16, 2024)]
[Notices]
[Pages 75632-75633]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-20926]


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

DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2024-0026]


Qualification of Drivers; Exemption Applications; Epilepsy and 
Seizure Disorders

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), Department 
of Transportation (DOT).

ACTION: Notice of denials.

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

SUMMARY: FMCSA announces its decision to deny applications from 21 
individuals who requested an exemption from the Federal Motor Carrier 
Safety Regulations (FMCSRs) prohibiting persons with a clinical 
diagnosis of epilepsy or any other condition that is likely to cause a 
loss of consciousness or any loss of ability to operate a commercial 
motor vehicle (CMV) from operating CMVs in interstate commerce.

FOR FURTHER INFORMATION CONTACT: Ms. Christine A. Hydock, Chief, 
Medical Programs Division, FMCSA, Department of Transportation, 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 material in the docket, contact Dockets Operations, 
(202) 366-9826.

SUPPLEMENTARY INFORMATION:

I. Public Participation

A. Comments

    To view comments go to www.regulations.gov. Insert the docket 
number (FMCSA-2024-0026) in the keyword box, and click ``Search.'' 
Next, choose the only 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-records-notices, the comments are searchable by the name of 
the submitter.

II. Background

    FMCSA received applications from 21 individuals who requested an 
exemption from the FMCSRs prohibiting persons with a clinical diagnosis 
of epilepsy or any other condition that is likely to cause a loss of 
consciousness or any loss of ability to operate a CMV from operating 
CMVs in interstate commerce.
    FMCSA has evaluated the eligibility of these applicants and 
concluded that granting these exemptions would not provide a level of 
safety that would be equivalent to, or greater than, the level of 
safety that would be obtained by complying with Sec.  391.41(b)(8).

III. Basis for Exemption Determination

    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 statute also allows the Agency to renew exemptions at 
the end of the 5-year period. 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 Agency's decision regarding these 
exemption applications is based on the eligibility criteria, the terms 
and conditions for Federal exemptions, and an individualized assessment 
of each applicant's medical information provided by the applicant.

IV. Conclusion

    The Agency has determined that these applicants do not satisfy the 
eligibility criteria or meet the terms and conditions of the Federal 
exemption and granting these exemptions would not provide a level of 
safety that would be equivalent to, or greater than, the level of 
safety that would be obtained by complying with Sec.  391.41(b)(8). 
Therefore, the 21 applicants in this notice have been denied exemptions

[[Page 75633]]

from the physical qualification standards in Sec.  391.41(b)(8).
    Each applicant has, prior to this notice, received a letter of 
final disposition regarding his/her exemption request. Those decision 
letters fully outlined the basis for the denial and constitute final 
action by the Agency. This notice summarizes the Agency's recent 
denials as required under 49 U.S.C. 31315(b)(4) by periodically 
publishing names and reasons for denial.
    The following 21 applicants do not meet the minimum time 
requirement for being seizure-free, either on or off anti-seizure 
medication:

Nolan Beck (CA)
Christina Branch (NC)
Marqui Bunting (WV)
Michael Burke (SC)
Gostave Dessources (NJ)
Antonio Dominguez (TX)
Justin Elliott (OH)
Tyler Fleischauer (MN)
Ronald Glasener (TN)
Patrick Grimes (PA)
Timothy Howard (NY)
Dylan Huynh (FL)
Zachary Lee (MI)
Trent May (MD)
Christian Mouton (LA)
Steve Patterson (NC)
Kevin Pustelak (PA)
Antonio Reddick (FL)
Christopher Aaron Rowe (VA)
Steven Shirley (UT)
Andrew Stevens (AR)

Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2024-20926 Filed 9-13-24; 8:45 am]
BILLING CODE 4910-EX-P


This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.