Federal Register / Vol. 88, No. 180 / Tuesday, September 19, 2023 / Notices 64515 

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 21 

exemption applications, FMCSA 

exempts the following drivers from the 

epilepsy and seizure disorder 

prohibition in § 391.41(b)(8), subject to 

the requirements cited above: 

Ashley Aucion (LA) 

Colby Banks (NC) 

Christopher Beaver (PA) 

Emil Bigler (UT) 

Timothy Brinkman (NE) 

Alexander Carestia (NC) 

Kelly Craft (MN) 

Nathan Gager (MN) 

Kenneth Gradoville (NE) 

Winterhawk Hunter (NV) 

Donald Huntley (OH) 

Samuel Isenberg (PA) 

Thomas Kepler (MO) 

Brian Manning (NJ) 

Devin McKain (IN) 

Jacob McNally (CT) 

Chris McNamara (NH) 

oseph Pitts (SC) 

Joshua Ross (DE) 

Shawn Springer (MN) 

Ryan Webb (MI) 

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. 2023–20153 Filed 9–18–23; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Railroad Administration 

[Docket Number FRA–2018–0041] 

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 by letter dated July 1, 2023, the Port 

Authority Trans-Hudson Corporation 

(PATH) 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 

214 (Railroad Workplace Safety). The 

relevant Docket Number is FRA–2018– 

0041. 

Specifically, PATH requests 

continued relief from the definition of 

‘‘fouling a track’’ found in 49 CFR 214.7, 

Definitions, at certain locations within 

PATH’s tunnel system if certain 

conditions are met. PATH seeks the 

waiver to allow tunnel bench walls to be 

considered a ‘‘place of safety’’ under 

§ 214.329, Train approach warning, for 

the safety and efficiency of roadway 

maintenance procedures at those 

locations. When train approach warning 

or foul time is used as a method of 

protection, roadway workers may move 

to a previously arranged place of safety 

designated as a ‘‘Clearance Area.’’ PATH 

states that its ‘‘physical structure and 

track configurations within the tunnel 

system provide many locations where it 

is physically impossible to clear outside 

four feet of the near rail.’’ PATH adds 

that ‘‘the historical use and safety record 

of bench walls as a place of clearance 

for close to half of a century without 

incident show that, under certain 

conditions, they can be used as a place 

of safety within the four-foot fouling 

envelope.’’ In support of its request, 

PATH notes that ‘‘there have been no 

known issues raised upon issuance of 

the waiver and no reported failures of 

compliance found during inspections.’’ 

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 http://

www.regulations.gov. Follow the online 

instructions for submitting comments. 

Communications received by 

November 20, 2023 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 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), 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. 2023–20202 Filed 9–18–23; 8:45 am] 

BILLING CODE P 

DEPARTMENT OF TRANSPORTATION 

Federal Railroad Administration 

[Docket No. FRA–2000–7257, Notice No. 94] 

Railroad Safety Advisory Committee; 

Notice of Meeting 

AGENCY: Federal Railroad 

Administration (FRA), Department of 

Transportation (DOT). 

ACTION: Notice of public meeting. 

SUMMARY: FRA announces the sixty-fifth 

meeting of the Railroad Safety Advisory 

Committee (RSAC), a Federal advisory 

committee that provides advice and 

recommendations to FRA on railroad 

safety matters through a consensus 

process. This meeting of the RSAC will 

focus on efforts made regarding 

potential safety improvements related to 

the February 3, 2023, Norfolk Southern 

freight train derailment in East 

Palestine, Ohio. 

DATES: The RSAC meeting is scheduled 

for Thursday, October 26, 2023. The 

meeting will commence at 9:30 a.m. and 

will adjourn by 4:30 p.m. (all times 

Eastern Daylight Time). Requests to 

submit written materials to be reviewed 

during the meeting must be received by 

October 16, 2023. Requests for 

accommodations because of a disability 

must be received by October 16, 2023. 

ADDRESSES: The RSAC meeting will be 

held at the National Association of 

Home Builders, located at 1201 15th 

Street NW, Washington, DC 20005. A 

final agenda will be posted on the RSAC 


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