Petition for Extension of Waiver of Compliance, 81985-81986 [2024-23335]

Download as PDF Federal Register / Vol. 89, No. 196 / Wednesday, October 9, 2024 / Notices business on the closing date indicated under the DATES section of the notice. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2024–23358 Filed 10–8–24; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA–2015–0320; FMCSA– 2017–0252; FMCSA–2017–0253; 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 final disposition. AGENCY: FMCSA announces its decision to renew exemptions for eight 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 September 16, 2024. The exemptions expire on September 16, 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: SUMMARY: khammond on DSKJM1Z7X2PROD with NOTICES I. Public Participation A. Viewing Comments To view comments go to www.regulations.gov. Insert the docket number (FMCSA–2015–0320, FMCSA– 2017–0252, FMCSA–2017–0253, 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 VerDate Sep<11>2014 17:05 Oct 08, 2024 Jkt 265001 ‘‘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-systemrecords-notices, the comments are searchable by the name of the submitter. II. Background On August 30, 2024, FMCSA published a notice announcing its decision to renew exemptions for eight 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 70685). The public comment period ended on September 30, 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 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. PO 00000 Frm 00106 Fmt 4703 Sfmt 4703 81985 conditions are qualified to operate a CMV in interstate commerce. III. Discussion of Comments FMCSA received no comments in this proceeding. IV. Conclusion Based on its evaluation of the eight 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 September 16, 2024, and in accordance with 49 U.S.C. 31136(e) and 31315(b), the following eight 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 70685): Nathan Dermer (AK) Bradley Fullmer (UT) Cole Funk (PA) Joseph Hammond (OR) Anthony Kornuszko (PA) Michael Modica (FL) David Pamperin (WI) Dominick Sempervive (NJ) The drivers were included in docket number FMCSA–2015–0320, FMCSA– 2017–0252, FMCSA–2017–0253, or FMCSA–2022–0044. Their exemptions were applicable as of September 16, 2024 and will expire on September 16, 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. 2024–23359 Filed 10–8–24; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION Federal Railroad Administration [Docket Number FRA–2019–0090] Petition for Extension of Waiver of Compliance Under part 211 of title 49 Code of Federal Regulations (CFR), this document provides the public notice E:\FR\FM\09OCN1.SGM 09OCN1 khammond on DSKJM1Z7X2PROD with NOTICES 81986 Federal Register / Vol. 89, No. 196 / Wednesday, October 9, 2024 / Notices that by letters received August 16, 2024, and August 30, 2024, Norfolk Southern Corporation’s operating subsidiary, Norfolk Southern Railway Company (NS), petitioned the Federal Railroad Administration (FRA) for an extension of a waiver of compliance from certain provisions of the Federal railroad safety regulations contained at 49 CFR part 232 (Brake System Safety Standards for Freight and Other Non-Passenger Trains and Equipment; End-of-Train Devices). The relevant Docket Number is FRA– 2019–0090. Specifically, NS requests to extend the existing waiver, which provides NS certain relief from the requirements of 49 CFR 232.305(b)(2), Single car air brake tests, to ‘‘permit the replacement of FRA condemnable and other nonFRA condemnable wheelsets on railcars as part of an in-train wheelset replacement program, without the need to also perform the [single car air brake tests (SCABTs)]’’ as required. The program is only operated on two designated tracks at the NS railyard in Bluefield, West Virginia. The existing wheelset replacement program aims to ‘‘proactively identify and replace wheelsets,’’ which NS stated, ‘‘reduces the number of switching events that would otherwise be required to affect the repairs, reducing the risk of injury and derailment.’’ NS added that the program permits NS ‘‘to replace a greater percentage of wheelsets than currently replaced using traditional techniques.’’ A copy of the petition, as well as any written communications concerning the petition, is available for review online at www.regulations.gov. Interested parties are invited to participate in these proceedings by submitting written views, data, or comments. FRA does not anticipate scheduling a public hearing in connection with these proceedings since the facts do not appear to warrant a hearing. If any interested parties desire an opportunity for oral comment and a public hearing, they should notify FRA, in writing, before the end of the comment period and specify the basis for their request. All communications concerning these proceedings should identify the appropriate docket number and may be submitted at www.regulations.gov. Follow the online instructions for submitting comments. Communications received by December 9, 2024 will be considered by FRA before final action is taken. Comments received after that date will be considered if practicable. Anyone can search the electronic form of any written communications VerDate Sep<11>2014 17:05 Oct 08, 2024 Jkt 265001 and comments received into any of the Department of Transportation’s (DOT) dockets by the name of the individual submitting the comment (or signing the document, if submitted on behalf of an association, business, labor union, etc.). Under 5 U.S.C. 553(c), DOT solicits comments from the public to better inform its processes. 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 FDMS), which can be reviewed at https:// www.transportation.gov/privacy. See also https://www.regulations.gov/ privacy-notice for the privacy notice of regulations.gov. Issued in Washington, DC. John Karl Alexy, Associate Administrator for Railroad Safety, Chief Safety Officer. [FR Doc. 2024–23335 Filed 10–8–24; 8:45 am] BILLING CODE 4910–06–P DEPARTMENT OF TRANSPORTATION Federal Railroad Administration [Docket Number FRA–2024–0070] Petition for Waiver of Compliance Under part 211 of title 49 Code of Federal Regulations (CFR), this document provides the public notice that on June 7, 2024, TOYX, Inc. (TOYX) petitioned the Federal Railroad Administration (FRA) for a special approval pursuant to 49 CFR part 215 (Railroad Freight Car Safety Standards), and a waiver of compliance from 49 CFR part 223 (Safety Glazing Standards—Locomotives, Passenger Cars and Cabooses). FRA assigned the petition Docket Number FRA–2024– 0070. Specifically, TOYX requests a special approval pursuant to § 215.203, Restricted cars, for 6 cars and 4 cabooses that are more than 50 years from the dates of original construction. TOYX also seeks relief from 49 CFR part 223 for safety glazing on the 4 cabooses (and 1 car, TOYX 1001, if required) to operate the equipment for a few days per year on the New York, Susquehanna & Western Railway, Metro-North Railroad, and in equipment moves. In the petition, TOYX states that the equipment for which glazing relief is requested will travel on ‘‘lines that are regularly operated and maintained and have no known risk of propelled or fouling objects.’’ A copy of the petition, as well as any written communications concerning the PO 00000 Frm 00107 Fmt 4703 Sfmt 4703 petition, is available for review online at www.regulations.gov. Interested parties are invited to participate in these proceedings by submitting written views, data, or comments. FRA does not anticipate scheduling a public hearing in connection with these proceedings since the facts do not appear to warrant a hearing. If any interested party desires an opportunity for oral comment and a public hearing, they should notify FRA, in writing, before the end of the comment period and specify the basis for their request. All communications concerning these proceedings should identify the appropriate docket number and may be submitted at www.regulations.gov. Follow the online instructions for submitting comments. Communications received by December 9, 2024 will be considered by FRA before final action is taken. Comments received after that date will be considered if practicable. Anyone can search the electronic form of any written communications and comments received into any of the U.S. Department of Transportation’s (DOT) dockets by the name of the individual submitting the comment (or signing the document, if submitted on behalf of an association, business, labor union, etc.). Under 5 U.S.C. 553(c), DOT solicits comments from the public to better inform its processes. 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 FDMS), which can be reviewed at https:// www.transportation.gov/privacy. See also https://www.regulations.gov/ privacy-notice for the privacy notice of regulations.gov. Issued in Washington, DC. John Karl Alexy, Associate Administrator for Railroad Safety, Chief Safety Officer. [FR Doc. 2024–23336 Filed 10–8–24; 8:45 am] BILLING CODE 4910–06–P DEPARTMENT OF TRANSPORTATION Federal Railroad Administration [Docket Number FRA–2019–0089] Petition for Extension of Waiver of Compliance Under part 211 of title 49 Code of Federal Regulations (CFR), this document provides the public notice that on August 16, 2024, and August 27, 2024, Norfolk Southern Corporation’s E:\FR\FM\09OCN1.SGM 09OCN1

Agencies

[Federal Register Volume 89, Number 196 (Wednesday, October 9, 2024)]
[Notices]
[Pages 81985-81986]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-23335]


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

DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2019-0090]


Petition for Extension of Waiver of Compliance

    Under part 211 of title 49 Code of Federal Regulations (CFR), this 
document provides the public notice

[[Page 81986]]

that by letters received August 16, 2024, and August 30, 2024, Norfolk 
Southern Corporation's operating subsidiary, Norfolk Southern Railway 
Company (NS), petitioned the Federal Railroad Administration (FRA) for 
an extension of a waiver of compliance from certain provisions of the 
Federal railroad safety regulations contained at 49 CFR part 232 (Brake 
System Safety Standards for Freight and Other Non-Passenger Trains and 
Equipment; End-of-Train Devices). The relevant Docket Number is FRA-
2019-0090.
    Specifically, NS requests to extend the existing waiver, which 
provides NS certain relief from the requirements of 49 CFR 
232.305(b)(2), Single car air brake tests, to ``permit the replacement 
of FRA condemnable and other non-FRA condemnable wheelsets on railcars 
as part of an in-train wheelset replacement program, without the need 
to also perform the [single car air brake tests (SCABTs)]'' as 
required. The program is only operated on two designated tracks at the 
NS railyard in Bluefield, West Virginia.
    The existing wheelset replacement program aims to ``proactively 
identify and replace wheelsets,'' which NS stated, ``reduces the number 
of switching events that would otherwise be required to affect the 
repairs, reducing the risk of injury and derailment.'' NS added that 
the program permits NS ``to replace a greater percentage of wheelsets 
than currently replaced using traditional techniques.''
    A copy of the petition, as well as any written communications 
concerning the petition, is available for review online at 
www.regulations.gov.
    Interested parties are invited to participate in these proceedings 
by submitting written views, data, or comments. FRA does not anticipate 
scheduling a public hearing in connection with these proceedings since 
the facts do not appear to warrant a hearing. If any interested parties 
desire an opportunity for oral comment and a public hearing, they 
should notify FRA, in writing, before the end of the comment period and 
specify the basis for their request.
    All communications concerning these proceedings should identify the 
appropriate docket number and may be submitted at www.regulations.gov. 
Follow the online instructions for submitting comments.
    Communications received by December 9, 2024 will be considered by 
FRA before final action is taken. Comments received after that date 
will be considered if practicable.
    Anyone can search the electronic form of any written communications 
and comments received into any of the Department of Transportation's 
(DOT) dockets by the name of the individual submitting the comment (or 
signing the document, if submitted on behalf of an association, 
business, labor union, etc.). Under 5 U.S.C. 553(c), DOT solicits 
comments from the public to better inform its processes. 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 FDMS), which can be reviewed at https://www.transportation.gov/privacy. See also https://www.regulations.gov/privacy-notice for the privacy notice of regulations.gov.

    Issued in Washington, DC.
John Karl Alexy,
Associate Administrator for Railroad Safety, Chief Safety Officer.
[FR Doc. 2024-23335 Filed 10-8-24; 8:45 am]
BILLING CODE 4910-06-P

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