60734 Federal Register / Vol. 88, No. 170 / Tuesday, September 5, 2023 / Notices 

Jason Swearington (TX) 

The drivers were included in docket 

numbers FMCSA–2014–0107, FMCSA– 

2014–0385, FMCSA–2014–0386, 

FMCSA–2021–0014, FMCSA–2018– 

0135, or FMCSA–2018–0138. Their 

exemptions are applicable as of 

September 12, 2023 and will expire on 

September 12, 2025. 

V. Conditions and Requirements 

The exemptions are extended subject 

to the following conditions: (1) each 

driver must report any crashes or 

accidents as defined in § 390.5T; and (2) 

report all citations and convictions for 

disqualifying offenses under 49 CFR 

parts 383 and 391 to FMCSA; and (3) 

each driver prohibited from operating a 

motorcoach or bus with passengers in 

interstate commerce. 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 

exemption does not exempt the 

individual from meeting the applicable 

CDL 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unless rescinded earlier by FMCSA.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exemption will be rescinded if: (1) the 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 upon its evaluation of the eight 

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. 2023–18993 Filed 9–1–23; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–2012–0050; FMCSA– 

2014–0381; FMCSA–2015–0119; FMCSA– 

2019–0028; FMCSA–2019–0031] 

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 six 

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 September 30, 2023. The exemptions 

expire on September 30, 2025. 

Comments must be received on or 

before October 5, 2023. 

ADDRESSES: You may submit comments 

identified by the Federal Docket 

Management System Docket No. 

FMCSA–2012–0050, Docket No. 

FMCSA–2014–0381, Docket No. 

FMCSA–2015–0119, Docket No. 

FMCSA–2019–0028, or Docket No. 

FMCSA–2019–0031 using any of the 

following methods: 

• Federal eRulemaking Portal: Go to 

www.regulations.gov/, insert the docket 

number (FMCSA–2012–0050, FMCSA– 

2014–0381, FMCSA–2015–0119, 

FMCSA–2019–0028, or FMCSA–2019– 

0031) 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, Room W64–224, 

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–2012–0050, 

Docket No. FMCSA–2014–0381, Docket 

No. FMCSA–2015–0119, Docket No. 

FMCSA–2019–0028, or Docket No. 

FMCSA–2019–0031), 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–2012–0050, FMCSA– 

2014–0381, FMCSA–2015–0119, 

FMCSA–2019–0028, or FMCSA–2019– 

0031) 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. 


ddrumheller on DSK120RN23PROD with NOTICES1
Federal Register / Vol. 88, No. 170 / Tuesday, September 5, 2023 / Notices 60735 

1These 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. 

B. Viewing Comments 

To view comments go to 

www.regulations.gov. Insert the docket 

number (FMCSA–2012–0050, FMCSA– 

2014–0381, FMCSA–2015–0119, 

FMCSA–2019–0028, or FMCSA–2019– 

0031) 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-systemrecords-notices, the comments are 

searchable by the name of the submitter. 

II. Background 

Under 49 U.S.C. 31136(e) and 

31315(b), FMCSA may grant an 

exemption from the FMCSRs for no 

longer than a 5-year period if it finds 

such exemption would likely achieve a 

level of safety that is equivalent to, or 

greater than, the level that would be 

achieved absent such exemption. The 

statutes also allow the Agency to renew 

exemptions at the end of the 5-year 

period. However, FMCSA grants 

medical exemptions from the FMCSRs 

for a 2-year period to align with the 

maximum duration of a driver’s medical 

certification. 

The physical qualification standard 

for drivers regarding epilepsy found in 

49 CFR 391.41(b)(8) states that a person 

is physically qualified to drive a CMV 

if that person has no established 

medical history or clinical diagnosis of 

epilepsy or any other condition which 

is likely to cause the loss of 

consciousness or any loss of ability to 

control a CMV. 

In addition to the regulations, FMCSA 

has published advisory criteria 1 to 

assist Medical Examiners in 

determining whether drivers with 

certain medical conditions are qualified 

to operate a CMV in interstate 

commerce. 

The six 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 six applicants 

has satisfied the renewal conditions for 

obtaining an exemption from the 

epilepsy and seizure disorders 

prohibition. The six 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 September 30, 2023, 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 

epilepsy and seizure disorders 

prohibition in the FMCSRs for interstate 

CMV drivers: 

Ronald Boogay (NJ) 

Todd Brock (CO) 

Gary Cox (OR) 

Tina Farmer (PA) 

Marion Franklin Legg, Jr (MD) 

William Rainer, III (TX) 

The drivers were included in docket 

number FMCSA–2012–0050, FMCSA– 

2014–0381, FMCSA–2015–0119, 

FMCSA–2019–0028, or FMCSA–2019– 

0031. Their exemptions are applicable 

as of September 30, 2023, and will 

expire on September 30, 2025. 

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 six 

exemption applications, FMCSA renews 

the exemptions of the aforementioned 

drivers from the epilepsy and seizure 

disorders prohibition in § 391.41(b)(8). 

In accordance with 49 U.S.C. 31136(e) 

and 31315(b), each exemption will be 


ddrumheller on DSK120RN23PROD with NOTICES1
60736 Federal Register / Vol. 88, No. 170 / Tuesday, September 5, 2023 / Notices 

1Florida East Coast Railway (FEC) owns the track 

involved in this proposal. 

2The simulated service demonstration referenced 

by BLF will be conducted pursuant to 49 U.S.C. 

20170. 

valid for 2 years unless revoked earlier 

by FMCSA. 

Larry W. Minor, 

Associate Administrator for Policy. 

[FR Doc. 2023–18995 Filed 9–1–23; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Railroad Administration 

[Docket Number FRA–2022–0098] 

Petition for Waiver of Compliance 

Under part 211 of title 49 Code of 

Federal Regulations (CFR), this 

document provides the public notice 

that on August 27, 2023, Brightline 

Trains Florida LLC (BLF) 1 petitioned 

the Federal Railroad Administration 

(FRA) for a waiver of compliance from 

49 CFR 213.353(e), Turnouts, 

crossovers, and lift rail assemblies or 

other transition devices on moveable 

bridges. For administrative 

convenience, FRA has placed BLF’s 

petition in Docket Number FRA–2022– 

0098. 

BLF explains that its request for relief 

is proposed to enable BLF to proceed 

with the critical testing processes of 

Positive Train Control (PTC) Field 

Qualification Testing (FQT), PTC 

Simulated Revenue Service 

Demonstration (SRSD), and Simulated 

Service Demonstration (SSD) 2 on the 

segment of its Phase 2 project 

connecting West Palm Beach, Florida, 

with Cocoa, Florida (Phase 2 N/S 

Corridor). As such, BLF requests that 

the waiver apply to train movements 

necessary in support of PTC Testing and 

crew qualification and would expire 

upon completion of SSD. 

Paragraph (e) of 49 CFR 213.353 

requires all hand operated switches to 

be equipped with a redundant operating 

mechanism for maintaining the security 

of switch point position. BLF notes that 

there are 55 hand operated switches in 

its Phase 2 N/S Corridor, although the 

proposed waiver would only apply to 31 

switches that are located in Class 6 

track. BLF explains existing mitigations 

will be in place for the purpose of 

completing testing and service 

demonstration (i.e., the PTC system will 

provide protection for improperly lined 

switches through enforcement of the 

protecting signals and after passing a 

signal, if a switch in the block becomes 

improperly lined, the automatic train 

control (ATC) system will enforce the 

most restrictive cab signal state). 

BLF asks for expedited review given 

scheduled start of the referenced testing. 

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 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 must be 

submitted to www.regulations.gov, with 

a copy to Carolyn Hayward-Williams, 

Director, Office of Railroad Systems and 

Technology, telephone: 202–493–6036, 

email: c.hayward-williams@dot.gov. 

Communications received by 

September 12, 2023 will be considered 

by FRA before final action is taken. FRA 

reserves the right to make an initial 

decision in this docket in advance of the 

close of the comment period and 

contingent upon subsequent 

consideration of any comments 

submitted to the docket within the 

comment period. 

Anyone can search the electronic 

form of any written communications 

and comments received into any of our 

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), the U.S. 

Department of Transportation (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. 2023–19034 Filed 9–1–23; 8:45 am] 

BILLING CODE 4910–06–P 

DEPARTMENT OF TRANSPORTATION 

National Highway Traffic Safety 

Administration 

[Docket No. NHTSA–2023–0019] 

Agency Information Collection 

Activities; Submission to the Office of 

Management and Budget for Review 

and Approval; State Data Transfer for 

Vehicle Crash Information 

AGENCY: National Highway Traffic 

Safety Administration (NHTSA), 

Department of Transportation (DOT). 

ACTION: Notice and request for 

comments on an extension with 

modification of a currently approved 

information collection. 

SUMMARY: In compliance with the 

Paperwork Reduction Act of 1995 

(PRA), this notice announces that the 

Information Collection Request (ICR) 

abstracted below will be submitted to 

the Office of Management and Budget 

(OMB) for review and approval. The ICR 

describes the nature of the information 

collection and its expected burden. This 

document describes a currently 

approved collection of information for 

which NHTSA intends to seek approval 

from OMB for extension with 

modification on NHTSA’s State Data 

Transfer for Vehicle Crash Information. 

A Federal Register Notice with a 60-day 

comment period soliciting comments on 

the following information collection 

was published on May 3, 2023. One 

supporting comment was received. 

DATES: Comments must be submitted on 

or before October 5, 2023. 

ADDRESSES: Written comments and 

recommendations for the proposed 

information collection, including 

suggestions for reducing burden, should 

be submitted to the Office of 

Management and Budget at 

www.reginfo.gov/public/do/PRAMain. 

To find this particular information 

collection, select ‘‘Currently under 

Review—Open for Public Comment’’ or 

use the search function. 

FOR FURTHER INFORMATION CONTACT: For 

additional information or access to 

background documents, contact Liza 

Lemaster-Sandbank, Office of State Data 

Reporting System Division, (NSA– 

0130), (202) 366–4257, National 

Highway Traffic Safety Administration, 

W53–306, U.S. Department of 

Transportation, 1200 New Jersey 

Avenue SE, Washington, DC 20590. 

SUPPLEMENTARY INFORMATION: Under the 

PRA (44 U.S.C. 3501 et seq.), a Federal 

agency must receive approval from the 

Office of Management and Budget 

(OMB) before it collects certain 


ddrumheller on DSK120RN23PROD with NOTICES1