Qualification of Drivers; Exemption Applications; Epilepsy and Seizure Disorders, 78973-78975 [2024-21999]

Download as PDF Federal Register / Vol. 89, No. 187 / Thursday, September 26, 2024 / Notices exemption will be valid for 2 years unless rescinded earlier by FMCSA. The exemption will be rescinded if: (1) the person fails to comply with the terms and conditions of the exemption; (2) the exemption has resulted in a lower level of safety than was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 upon its evaluation of the 23 exemption applications, FMCSA renews the exemptions of the aforementioned drivers from the hearing requirement in 391.41(b)(11). 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. 2024–21990 Filed 9–25–24; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA–2012–0294; FMCSA– 2013–0443; FMCSA–2013–0445; FMCSA– 2014–0212; FMCSA–2014–0213; FMCSA– 2015–0321; FMCSA–2018–0051; FMCSA– 2018–0052; FMCSA–2018–0054; FMCSA– 2019–0033; FMCSA–2020–0046; 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 15 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 khammond on DSKJM1Z7X2PROD with NOTICES SUMMARY: VerDate Sep<11>2014 17:11 Sep 25, 2024 Jkt 262001 are taking anti-seizure medication to continue to operate CMVs in interstate commerce. DATES: The exemptions are applicable on October 21, 2024. The exemptions expire on October 21, 2026. Comments must be received on or before October 28, 2024. ADDRESSES: You may submit comments identified by the Federal Docket Management System Docket No. FMCSA–2012–0294, Docket No. FMCSA–2013–0443, Docket No. FMCSA–2013–0445, Docket No. FMCSA–2014–0212, Docket No. FMCSA–2014–0213, Docket No. FMCSA–2015–0321, Docket No. FMCSA–2018–0051, Docket No. FMCSA–2018–0052, Docket No. FMCSA–2018–0054, Docket No. FMCSA–2019–0033, Docket No. FMCSA–2020–0046, 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–2012–0294, FMCSA– 2013–0443, FMCSA–2013–0445, FMCSA–2014–0212, FMCSA–2014– 0213, FMCSA–2015–0321, FMCSA– 2018–0051, FMCSA–2018–0052, FMCSA–2018–0054, FMCSA–2019– 0033, FMCSA–2020–0046, 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, 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. PO 00000 Frm 00133 Fmt 4703 Sfmt 4703 78973 SUPPLEMENTARY INFORMATION: I. Public Participation A. Submitting Comments If you submit a comment, please include the docket number for this notice (Docket No. FMCSA–2012–0294, Docket No. FMCSA–2013–0443, Docket No. FMCSA–2013–0445, Docket No. FMCSA–2014–0212, Docket No. FMCSA–2014–0213, Docket No. FMCSA–2015–0321, Docket No. FMCSA–2018–0051, Docket No. FMCSA–2018–0052, Docket No. FMCSA–2018–0054, Docket No. FMCSA–2019–0033, Docket No. FMCSA–2020–0046, 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–2012–0294, FMCSA– 2013–0443, FMCSA–2013–0445, FMCSA–2014–0212, FMCSA–2014– 0213, FMCSA–2015–0321, FMCSA– 2018–0051, FMCSA–2018–0052, FMCSA–2018–0054, FMCSA–2019– 0033, FMCSA–2020–0046, 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 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–2012–0294, FMCSA– 2013–0443, FMCSA–2013–0445, FMCSA–2014–0212, FMCSA–2014– 0213, FMCSA–2015–0321, FMCSA– 2018–0051, FMCSA–2018–0052, FMCSA–2018–0054, FMCSA–2019– 0033, FMCSA–2020–0046, or FMCSA– 2022–0044) in the keyword box and E:\FR\FM\26SEN1.SGM 26SEN1 78974 Federal Register / Vol. 89, No. 187 / Thursday, September 26, 2024 / Notices 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. khammond on DSKJM1Z7X2PROD with NOTICES 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 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 17:11 Sep 25, 2024 Jkt 262001 to operate a CMV in interstate commerce. The 15 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 15 applicants has satisfied the renewal conditions for obtaining an exemption from the epilepsy and seizure disorders prohibition. The 15 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 October 21, 2024, and in accordance with 49 U.S.C. 31136(e) and 31315(b), the following 15 individuals have satisfied the renewal conditions for obtaining an exemption from the epilepsy and seizure disorders prohibition in the FMCSRs for interstate CMV drivers: Lee Anderson (MA) PO 00000 Frm 00134 Fmt 4703 Sfmt 4703 Jay Asack (MA) Peter Bender (MN) Ronald Blount (GA) Eric Hilmer (WI) Lucas Meeker (OH) Roland Mezger (PA) Roger Parker (NC) Nicholas Ramirez (CA) Michael Ranalli (PA) Bryan Sheehan (FL) Matthew Staley (CO) Joshua Thomas (MN) Robert Thomas, Jr. (NC) Peter Thompson (FL) The drivers were included in docket number FMCSA–2012–0294, FMCSA– 2013–0443, FMCSA–2013–0445, FMCSA–2014–0212, FMCSA–2014– 0213, FMCSA–2015–0321, FMCSA– 2018–0051, FMCSA–2018–0052, FMCSA–2018–0054, FMCSA–2019– 0033, FMCSA–2020–0046, or FMCSA– 2022–0044. Their exemptions are applicable as of October 21, 2024 and will expire on October 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 § 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 15 exemption applications, FMCSA renews E:\FR\FM\26SEN1.SGM 26SEN1 Federal Register / Vol. 89, No. 187 / Thursday, September 26, 2024 / Notices 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. 2024–21999 Filed 9–25–24; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION Office of the Secretary [Docket No. DOT–OST–2024–0098] Transforming Transportation Advisory Committee; Public Meeting Office of the Secretary (OST), Department of Transportation (DOT). ACTION: Notice of public meeting. AGENCY: The Office of the Secretary of Transportation (OST) announces a public meeting of the Transforming Transportation Advisory Committee (TTAC) on Thursday, October 17, 2024. This notice announces the date, time, and location of the meeting, which will be virtually open to the public. The purpose of the TTAC is to provide information, advice, and recommendations to the Secretary on matters relating to transportation innovations. SUMMARY: This meeting will be held on Thursday, October 17, 2024 from 11:00 a.m. to 3:30 p.m. Eastern Time (ET). A link allowing for live viewing of the meeting will be posted to https:// www.transportation.gov/ttac ahead of the meeting start time. ADDRESSES: The TTAC members will be meeting virtually via Zoom. The public may attend the meeting virtually, with information available on the USDOT TTAC website (https:// www.transportation.gov/ttac) at least one week in advance of the meeting date. DATES: FOR FURTHER INFORMATION CONTACT: khammond on DSKJM1Z7X2PROD with NOTICES TTAC Designated Federal Officer, c/o Ben Levine, Deputy Assistant Secretary for Research and Technology, Office of the Secretary, ttac@dot.gov, (202) 941– 6180. SUPPLEMENTARY INFORMATION: I. Background The U.S. Secretary of Transportation (Secretary) established TTAC as a Federal Advisory Committee in accordance with the Federal Advisory Committee Act (Pub. L. 92–463, 5 U.S.C. VerDate Sep<11>2014 17:11 Sep 25, 2024 Jkt 262001 ch. 10) to provide information, advice, and recommendations to the Secretary on matters relating to transportation innovations. TTAC is tasked with advice and recommendations to the Secretary about needs, objectives, plans, and approaches for transportation innovations. Description of Duties TTAC will undertake only tasks assigned to it by the Secretary of Transportation or designee and provide direct, first-hand information, advice, and recommendations by meeting and exchanging ideas on the tasks assigned. In addition, TTAC will respond to adhoc informational requests from OST. II. Agenda At the meeting, the agenda will cover the following topics: 1. Call to Order, Official Statement of the Designated Federal Officer, Meeting Logistics 2. Opening Remarks 3. Subcommittee Updates 4. Recap of Meeting Progress and Review of Next Steps III. Public Participation The meeting will be open to the public via livestream. Members of the public who wish to observe the virtual meeting can access the livestream accessible on the following website: https://www.transportation.gov/ttac. We are committed to providing equal access to this meeting for all participants. Sign language interpretation and live-captioning will be available during the livestream. If you need alternative formats or services because of a disability, such as interpretation or other ancillary aids, or if you require translation into a language other than English, please contact the person listed in the FOR FURTHER INFORMATION CONTACT section of this notice no later than Thursday, October 10, 2024. Members of the public may also submit written materials, questions, and comments to the Committee in advance to the individual listed in the FOR FURTHER INFORMATION CONTACT section of this notice no later than Thursday, October 10, 2024. All advance submissions will be reviewed by the Designated Federal Officer. If approved, advance submissions shall be circulated to the TTAC members for review prior to the meeting. All advance submissions will become part of the official record of the meeting. Authority: The Committee is a discretionary Committee under the authority of the U.S. Department of PO 00000 Frm 00135 Fmt 4703 Sfmt 4703 78975 Transportation (DOT), established in accordance with the provisions of the Federal Advisory Committee Act (FACA), as amended, 5 U.S.C. ch. 2. Issued in Washington, DC, on September 20, 2024. Benjamin Ross Levine, Deputy Assistant Secretary for Research and Technology. [FR Doc. 2024–21980 Filed 9–25–24; 8:45 am] BILLING CODE 4910–9X–P DEPARTMENT OF THE TREASURY Office of Foreign Assets Control Notice of OFAC Sanctions Actions Office of Foreign Assets Control, Treasury. ACTION: Notice. AGENCY: The U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC) is publishing the names of one or more persons that have been placed on OFAC’s Specially Designated Nationals and Blocked Persons List (SDN List), based on OFAC’s determination that one or more applicable legal criteria were satisfied. All property and interests in property subject to U.S. jurisdiction of these persons are blocked, and U.S. persons are generally prohibited from engaging in transactions with them. Additionally, OFAC is publishing updates to the identifying information of two persons currently included on the SDN List. DATES: See SUPPLEMENTARY INFORMATION section for applicable date. FOR FURTHER INFORMATION CONTACT: OFAC: Associate Director for Global Targeting, tel.: 202–622–2420; Assistant Director for Licensing, tel.: 202–622– 2480; Assistant Director for Regulatory Affairs, tel.: 202–622–4855; or Assistant Director for Sanctions Compliance & Evaluation, tel.: 202–622–2490. SUPPLEMENTARY INFORMATION: SUMMARY: Electronic Availability The SDN List and additional information concerning OFAC sanctions programs are available on OFAC’s website (https://www.treasury.gov/ofac). Notice of OFAC Actions A. On September 19, 2024, OFAC determined that the property and interests in property subject to U.S. jurisdiction of the following persons and entities are blocked under the relevant sanctions authorities listed below. BILLING CODE 4810–AL–P E:\FR\FM\26SEN1.SGM 26SEN1

Agencies

[Federal Register Volume 89, Number 187 (Thursday, September 26, 2024)]
[Notices]
[Pages 78973-78975]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-21999]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2012-0294; FMCSA-2013-0443; FMCSA-2013-0445; FMCSA-
2014-0212; FMCSA-2014-0213; FMCSA-2015-0321; FMCSA-2018-0051; FMCSA-
2018-0052; FMCSA-2018-0054; FMCSA-2019-0033; FMCSA-2020-0046; 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 15 
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 are applicable on October 21, 2024. The 
exemptions expire on October 21, 2026. Comments must be received on or 
before October 28, 2024.

ADDRESSES: You may submit comments identified by the Federal Docket 
Management System Docket No. FMCSA-2012-0294, Docket No. FMCSA-2013-
0443, Docket No. FMCSA-2013-0445, Docket No. FMCSA-2014-0212, Docket 
No. FMCSA-2014-0213, Docket No. FMCSA-2015-0321, Docket No. FMCSA-2018-
0051, Docket No. FMCSA-2018-0052, Docket No. FMCSA-2018-0054, Docket 
No. FMCSA-2019-0033, Docket No. FMCSA-2020-0046, 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-2012-0294, FMCSA-2013-0443, FMCSA-2013-
0445, FMCSA-2014-0212, FMCSA-2014-0213, FMCSA-2015-0321, FMCSA-2018-
0051, FMCSA-2018-0052, FMCSA-2018-0054, FMCSA-2019-0033, FMCSA-2020-
0046, 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-2012-0294, Docket No. FMCSA-2013-0443, Docket 
No. FMCSA-2013-0445, Docket No. FMCSA-2014-0212, Docket No. FMCSA-2014-
0213, Docket No. FMCSA-2015-0321, Docket No. FMCSA-2018-0051, Docket 
No. FMCSA-2018-0052, Docket No. FMCSA-2018-0054, Docket No. FMCSA-2019-
0033, Docket No. FMCSA-2020-0046, 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-2012-0294, FMCSA-2013-0443, FMCSA-2013-0445, 
FMCSA-2014-0212, FMCSA-2014-0213, FMCSA-2015-0321, FMCSA-2018-0051, 
FMCSA-2018-0052, FMCSA-2018-0054, FMCSA-2019-0033, FMCSA-2020-0046, 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-2012-0294, FMCSA-2013-0443, FMCSA-2013-0445, FMCSA-2014-
0212, FMCSA-2014-0213, FMCSA-2015-0321, FMCSA-2018-0051, FMCSA-2018-
0052, FMCSA-2018-0054, FMCSA-2019-0033, FMCSA-2020-0046, or FMCSA-2022-
0044) in the keyword box and

[[Page 78974]]

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.
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    The 15 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 15 
applicants has satisfied the renewal conditions for obtaining an 
exemption from the epilepsy and seizure disorders prohibition. The 15 
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 October 21, 2024, and in accordance with 49 U.S.C. 31136(e) 
and 31315(b), the following 15 individuals have satisfied the renewal 
conditions for obtaining an exemption from the epilepsy and seizure 
disorders prohibition in the FMCSRs for interstate CMV drivers:

Lee Anderson (MA)
Jay Asack (MA)
Peter Bender (MN)
Ronald Blount (GA)
Eric Hilmer (WI)
Lucas Meeker (OH)
Roland Mezger (PA)
Roger Parker (NC)
Nicholas Ramirez (CA)
Michael Ranalli (PA)
Bryan Sheehan (FL)
Matthew Staley (CO)
Joshua Thomas (MN)
Robert Thomas, Jr. (NC)
Peter Thompson (FL)

    The drivers were included in docket number FMCSA-2012-0294, FMCSA-
2013-0443, FMCSA-2013-0445, FMCSA-2014-0212, FMCSA-2014-0213, FMCSA-
2015-0321, FMCSA-2018-0051, FMCSA-2018-0052, FMCSA-2018-0054, FMCSA-
2019-0033, FMCSA-2020-0046, or FMCSA-2022-0044. Their exemptions are 
applicable as of October 21, 2024 and will expire on October 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 15 exemption applications, FMCSA 
renews

[[Page 78975]]

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. 2024-21999 Filed 9-25-24; 8:45 am]
BILLING CODE 4910-EX-P
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