Qualification of Drivers; Exemption Applications; Epilepsy and Seizure Disorders, 95899-95901 [2024-28347]

Download as PDF Federal Register / Vol. 89, No. 232 / Tuesday, December 3, 2024 / Notices § 391.41(b)(11) states that a person is physically qualified to drive a CMV if that person first perceives a forced whispered voice in the better ear at not less than 5 feet with or without the use of a hearing aid or, if tested by use of an audiometric device, does not have an average hearing loss in the better ear greater than 40 decibels at 500 Hz, 1,000 Hz, and 2,000 Hz with or without a hearing aid when the audiometric device is calibrated to American National Standard (formerly ASA Standard) Z24.5—1951. This standard was adopted in 1970 and was revised in 1971 to allow drivers to be qualified under this standard while wearing a hearing aid (35 FR 6458, 6463 (Apr. 22, 1970) and 36 FR 12857 (July 8, 1971), respectively). III. Discussion of Comments FMCSA received no comments in this proceeding. lotter on DSK11XQN23PROD with NOTICES1 IV. Conclusion Based upon its evaluation of the 15 renewal exemption applications and comments received, FMCSA announces its decision to exempt the following drivers from the hearing requirement in § 391.41 (b)(11). As of November 25, 2024, and in accordance with 49 U.S.C. 31136(e) and 31315(b), the following nine individuals have satisfied the renewal conditions for obtaining an exemption from the hearing requirement in the FMCSRs for interstate CMV drivers (89 FR 85287): Stephen Arellano (CO) Jimmy Benavides (TX) Robert Burnett (AZ) Leslie Crump (MI) Clark Dobson (CA) Tonnette Garza (FL) Paul Mansfield (KS) Michael Murrah (GA) Joseph Woodle (KY) The drivers were included in docket number FMCSA–2013–0124, FMCSA– 2015–0326, FMCSA–2015–0329, FMCSA–2017–0058, FMCSA–2017– 0059, FMCSA–2020–0027, FMCSA– 2022–0035, or FMCSA–2022–0036. Their exemptions were applicable as of November 25, 2024 and will expire on November 25, 2026. As of November 30, 2024, and in accordance with 49 U.S.C. 31136(e) and 31315(b), the following six individuals have satisfied the renewal conditions for obtaining an exemption from the hearing requirement in the FMCSRs for interstate CMV drivers (89 FR 85287): Deontae Blanks (TX) Alan Bridgeford (AZ) Michael Dohanish (OH) Bruce Dunn (LA) VerDate Sep<11>2014 17:09 Dec 02, 2024 Jkt 265001 Teela Gilmore (GA) Adalberto Rodriguez (NY) The drivers were included in docket number FMCSA–2014–0104, FMCSA– 2017–0058, FMCSA–2017–0060, or FMCSA–2018–0135. Their exemptions were applicable as of November 30, 2024 and will expire on November 30, 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, 49 U.S.C. chapter 313, or the FMCSRs. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2024–28241 Filed 12–2–24; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA–2013–0444; FMCSA– 2015–0323; FMCSA–2018–0052; FMCSA– 2018–0054; FMCSA–2020–0050; FMCSA– 2022–0045] 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 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: Each group of renewed exemptions are applicable on the dates stated in the discussions below and will expire on the dates stated in the SUMMARY: PO 00000 Frm 00168 Fmt 4703 Sfmt 4703 95899 discussions below. Comments must be received on or before January 2, 2025. ADDRESSES: You may submit comments identified by the Federal Docket Management System Docket No. FMCSA–2013–0444, Docket No. FMCSA–2015–0323, Docket No. FMCSA–2018–0052, Docket No. FMCSA–2018–0054, Docket No. FMCSA–2020–0050, or Docket No. FMCSA–2022–0045 using any of the following methods: • Federal eRulemaking Portal: Go to www.regulations.gov/, insert the docket number (FMCSA–2013–0444, FMCSA– 2015–0323, FMCSA–2018–0052, FMCSA–2018–0054, FMCSA–2020– 0050, or FMCSA–2022–0045) 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–2013–0444, Docket No. FMCSA–2015–0323, Docket No. FMCSA–2018–0052, Docket No. FMCSA–2018–0054, Docket No. FMCSA–2020–0050, or Docket No. FMCSA–2022–0045), 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 E:\FR\FM\03DEN1.SGM 03DEN1 95900 Federal Register / Vol. 89, No. 232 / Tuesday, December 3, 2024 / Notices 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–2013–0444, FMCSA– 2015–0323, FMCSA–2018–0052, FMCSA–2018–0054, FMCSA–2020– 0050, or FMCSA–2022–0045) 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–2013–0444, FMCSA– 2015–0323, FMCSA–2018–0052, FMCSA–2018–0054, FMCSA–2020– 0050, or FMCSA–2022–0045) 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. lotter on DSK11XQN23PROD with NOTICES1 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- VerDate Sep<11>2014 17:09 Dec 02, 2024 Jkt 265001 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. The eight 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. 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 00169 Fmt 4703 Sfmt 4703 IV. Basis for Renewing Exemptions In accordance with 49 U.S.C. 31136(e) and 31315(b), each of the eight applicants has satisfied the renewal conditions for obtaining an exemption from the epilepsy and seizure disorders prohibition. The eight 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, the Agency has reviewed each applicant’s certified driving record from their State Driver’s Licensing Agency (SDLA). The information obtained from each applicant’s driving record provides the Agency with details regarding any moving violations or reported crash data, which demonstrates whether the driver has a safe driving history and is an indicator of future driving performance. If the driving record revealed a crash, FMCSA requested and reviewed the related police reports and other relevant documents, such as the citation and conviction information. 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. In accordance with 49 U.S.C. 31136(e) and 31315(b), the following groups of drivers received renewed exemptions in the month of December and are discussed below. As of December 12, 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: Jesse Hansen (MN) Domenick Panfile (NJ) Carsten Thode (WA) Thomas Kline (PA) Andrew Rieschick (NE) Jose Lara-Ramirez (NV) Stephen St. Marthe (NC) The drivers were included in docket number FMCSA–2013–0444, FMCSA– 2018–0052, FMCSA–2018–0054, FMCSA–2020–0050, or FMCSA–2022– 0045. Their exemptions are applicable as of December 12, 2024, and will expire on December 12, 2026. As of December 16, 2024, and in accordance with 49 U.S.C. 31136(e) and 31315(b), Kyle Loney (WA) has satisfied the renewal conditions for obtaining an E:\FR\FM\03DEN1.SGM 03DEN1 Federal Register / Vol. 89, No. 232 / Tuesday, December 3, 2024 / Notices exemption from the epilepsy and seizure disorders prohibition in the FMCSRs for interstate CMV drivers. This driver was included in docket number FMCSA–2015–0323. The exemption is applicable as of December 16, 2024, and will expire on December 16, 2026. lotter on DSK11XQN23PROD with NOTICES1 V. Terms and Conditions The exemptions are extended subject to the following conditions: each driver must (1) remain seizure-free, maintain a stable treatment, and report to FMCSA within 24 hours if they experience a seizure during the 2-year exemption period; (2) submit to FMCSA annual reports from their treating physicians attesting to the stability of treatment and that the driver has remained seizurefree; (3) undergo an annual medical examination by a certified medical examiner, as defined by § 390.5T; (4) provide a copy of the annual medical certification to the employer for retention in the driver’s qualification file, or keep a copy of their driver’s qualification file if they are selfemployed; (5) report to FMCSA the date, time, and location of any crashes, as defined in § 390.5T, within 7 days of the crash; (6) report to FMCSA any citations and convictions for disqualifying offenses under 49 CFR parts 383 and 391 to FMCSA within 7 days of the citation and conviction; and (7) submit to FMCSA annual certified driving records from their SDLA. The driver must also have a copy of the exemption when driving, for presentation to a duly authorized Federal, State, or local enforcement official. In addition, the driver must meet all the applicable commercial driver’s license testing requirements. Each 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 on its evaluation of the eight exemption applications, FMCSA renews the exemptions of the aforementioned drivers from the epilepsy and seizure VerDate Sep<11>2014 17:09 Dec 02, 2024 Jkt 265001 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. 2024–28347 Filed 12–2–24; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION Federal Railroad Administration [Docket Number FRA–2010–0029] The National Railroad Passenger Corporation’s Request To Amend Its Positive Train Control Safety Plan and Positive Train Control System Federal Railroad Administration (FRA), Department of Transportation (DOT). ACTION: Notice of availability and request for comments. AGENCY: This document provides the public with notice that, on November 21, 2024, the National Railroad Passenger Corporation (Amtrak) submitted a request for amendment (RFA) to its FRA-approved Positive Train Control Safety Plan (PTCSP) to provide supplemental information to its initial RFA, submitted October 16, 2024, which requested FRA’s approval for an increase to the system maximum operational speed from 150 miles per hour (MPH) to 160 MPH. As this RFA may involve a request for FRA’s approval of proposed material modifications to an FRA-certified positive train control (PTC) system, FRA is publishing this notice and inviting public comment on Amtrak’s RFA to its PTCSP. DATES: FRA will consider comments received by December 23, 2024. FRA may consider comments received after that date to the extent practicable and without delaying implementation of valuable or necessary modifications to a PTC system. ADDRESSES: Comments: Comments may be submitted by going to https:// www.regulations.gov and following the online instructions for submitting comments. Instructions: All submissions must include the agency name and the applicable docket number. The relevant PTC docket number for this host railroad is Docket No. FRA–2010–0029. For convenience, all active PTC dockets are hyperlinked on FRA’s website at https://railroads.dot.gov/researchSUMMARY: PO 00000 Frm 00170 Fmt 4703 Sfmt 4703 95901 development/program-areas/traincontrol/ptc/railroads-ptc-dockets. All comments received will be posted without change to https:// www.regulations.gov; this includes any personal information. FOR FURTHER INFORMATION CONTACT: Gabe Neal, Staff Director, Signal, Train Control, and Crossings Division, telephone: 816–516–7168, email: Gabe.Neal@dot.gov. SUPPLEMENTARY INFORMATION: In general, title 49 United States Code (U.S.C.) section 20157(h) requires FRA to certify that a host railroad’s PTC system complies with title 49 Code of Federal Regulations (CFR) part 236, subpart I, before the technology may be operated in revenue service. Before making certain changes to an FRA-certified PTC system or the associated FRA-approved PTCSP, a host railroad must submit, and obtain FRA’s approval of, an RFA to its PTCSP under 49 CFR 236.1021. Under 49 CFR 236.1021(e), FRA’s regulations provide that FRA will publish a notice in the Federal Register and invite public comment in accordance with 49 CFR part 211, if an RFA includes a request for approval of a material modification of a signal or train control system. Accordingly, this notice informs the public that, on November 21, 2024, Amtrak submitted an RFA to its PTCSP for its Advanced Civil Speed Enforcement System II (ACSES II), which seeks FRA’s approval for an increase to the system maximum operational speed from 150 MPH to 160 MPH. That RFA is available in Docket No. FRA–2010–0029. Interested parties are invited to comment on Amtrak’s RFA to its PTCSP by submitting written comments or data. During FRA’s review of Amtrak’s RFA, FRA will consider any comments or data submitted within the timeline specified in this notice and to the extent practicable, without delaying implementation of valuable or necessary modifications to a PTC system. See 49 CFR 236.1021; see also 49 CFR 236.1011(e). Under 49 CFR 236.1021, FRA maintains the authority to approve, approve with conditions, or deny a railroad’s RFA to its PTCSP at FRA’s sole discretion. Privacy Act Notice In accordance with 49 CFR 211.3, FRA solicits comments from the public to better inform its decisions. DOT posts these comments, without edit, including any personal information the commenter provides, to https:// www.regulations.gov, as described in the system of records notice (DOT/ALL– 14 FDMS), which can be reviewed at E:\FR\FM\03DEN1.SGM 03DEN1

Agencies

[Federal Register Volume 89, Number 232 (Tuesday, December 3, 2024)]
[Notices]
[Pages 95899-95901]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-28347]


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

DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2013-0444; FMCSA-2015-0323; FMCSA-2018-0052; FMCSA-
2018-0054; FMCSA-2020-0050; FMCSA-2022-0045]


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 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: Each group of renewed exemptions are applicable on the dates 
stated in the discussions below and will expire on the dates stated in 
the discussions below. Comments must be received on or before January 
2, 2025.

ADDRESSES: You may submit comments identified by the Federal Docket 
Management System Docket No. FMCSA-2013-0444, Docket No. FMCSA-2015-
0323, Docket No. FMCSA-2018-0052, Docket No. FMCSA-2018-0054, Docket 
No. FMCSA-2020-0050, or Docket No. FMCSA-2022-0045 using any of the 
following methods:
     Federal eRulemaking Portal: Go to www.regulations.gov/, 
insert the docket number (FMCSA-2013-0444, FMCSA-2015-0323, FMCSA-2018-
0052, FMCSA-2018-0054, FMCSA-2020-0050, or FMCSA-2022-0045) 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-2013-0444, Docket No. FMCSA-2015-0323, Docket 
No. FMCSA-2018-0052, Docket No. FMCSA-2018-0054, Docket No. FMCSA-2020-
0050, or Docket No. FMCSA-2022-0045), 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

[[Page 95900]]

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-2013-0444, FMCSA-2015-0323, FMCSA-2018-0052, 
FMCSA-2018-0054, FMCSA-2020-0050, or FMCSA-2022-0045) 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-2013-0444, FMCSA-2015-0323, FMCSA-2018-0052, FMCSA-2018-
0054, FMCSA-2020-0050, or FMCSA-2022-0045) 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 eight 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 
eight applicants has satisfied the renewal conditions for obtaining an 
exemption from the epilepsy and seizure disorders prohibition. The 
eight 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, the 
Agency has reviewed each applicant's certified driving record from 
their State Driver's Licensing Agency (SDLA). The information obtained 
from each applicant's driving record provides the Agency with details 
regarding any moving violations or reported crash data, which 
demonstrates whether the driver has a safe driving history and is an 
indicator of future driving performance. If the driving record revealed 
a crash, FMCSA requested and reviewed the related police reports and 
other relevant documents, such as the citation and conviction 
information. 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.
    In accordance with 49 U.S.C. 31136(e) and 31315(b), the following 
groups of drivers received renewed exemptions in the month of December 
and are discussed below. As of December 12, 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:

Jesse Hansen (MN)
Domenick Panfile (NJ)
Carsten Thode (WA)
Thomas Kline (PA)
Andrew Rieschick (NE)
Jose Lara-Ramirez (NV)
Stephen St. Marthe (NC)

    The drivers were included in docket number FMCSA-2013-0444, FMCSA-
2018-0052, FMCSA-2018-0054, FMCSA-2020-0050, or FMCSA-2022-0045. Their 
exemptions are applicable as of December 12, 2024, and will expire on 
December 12, 2026.
    As of December 16, 2024, and in accordance with 49 U.S.C. 31136(e) 
and 31315(b), Kyle Loney (WA) has satisfied the renewal conditions for 
obtaining an

[[Page 95901]]

exemption from the epilepsy and seizure disorders prohibition in the 
FMCSRs for interstate CMV drivers.
    This driver was included in docket number FMCSA-2015-0323. The 
exemption is applicable as of December 16, 2024, and will expire on 
December 16, 2026.

V. Terms and Conditions

    The exemptions are extended subject to the following conditions: 
each driver must (1) remain seizure-free, maintain a stable treatment, 
and report to FMCSA within 24 hours if they experience a seizure during 
the 2-year exemption period; (2) submit to FMCSA annual reports from 
their treating physicians attesting to the stability of treatment and 
that the driver has remained seizure-free; (3) undergo an annual 
medical examination by a certified medical examiner, as defined by 
Sec.  390.5T; (4) provide a copy of the annual medical certification to 
the employer for retention in the driver's qualification file, or keep 
a copy of their driver's qualification file if they are self-employed; 
(5) report to FMCSA the date, time, and location of any crashes, as 
defined in Sec.  390.5T, within 7 days of the crash; (6) report to 
FMCSA any citations and convictions for disqualifying offenses under 49 
CFR parts 383 and 391 to FMCSA within 7 days of the citation and 
conviction; and (7) submit to FMCSA annual certified driving records 
from their SDLA. The driver must also have a copy of the exemption when 
driving, for presentation to a duly authorized Federal, State, or local 
enforcement official. In addition, the driver must meet all the 
applicable commercial driver's license testing requirements. Each 
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 on its evaluation of the eight 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. 2024-28347 Filed 12-2-24; 8:45 am]
BILLING CODE 4910-EX-P

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