Federal Register / Vol. 88, No. 209 / Tuesday, October 31, 2023 / Notices 74561 

49 CFR 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). 

The 13 individuals listed in this 

notice have requested renewal of their 

exemptions from the hearing standard 

in § 391.41(b)(11), 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 13 applicants 

has satisfied the renewal conditions for 

obtaining an exemption from the 

hearing requirement. The 13 drivers in 

this notice remain in good standing with 

the Agency. 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 of these drivers for a period of 

2 years is likely to achieve a level of 

safety equal to that existing without the 

exemption. 

As of November 19, 2023, and in 

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

31315(b), the following 13 individuals 

have satisfied the renewal conditions for 

obtaining an exemption from the 

hearing requirement in the FMCSRs for 

interstate CMV drivers: 

Jeffrey Barbuto (NH) 

Wayne Crowl (IN) 

Debbie Gaskill (GA) 

Jason Gensler (OH) 

Emil Iontchev (IL) 

Jerrell McCrary (NC) 

Danny McGowan (WV) 

Matthew Moore (TX) 

Abdiwahab Olow (MN) 

Stuart Randles (FL) 

Anthony Saive (TN) 

Jennifer Valentine (TX) 

Donald Weyand (MI) 

The drivers were included in docket 

numbers FMCSA–2014–0383, FMCSA– 

2014–0385, FMCSA–2014–0387, 

FMCSA–2018–0139, FMCSA–2019– 

0109, FMCSA–2019–0110, or FMCSA– 

2021–0015. Their exemptions are 

applicable as of November 19, 2023 and 

will expire on November 19, 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 13 

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. 2023–23967 Filed 10–30–23; 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 final disposition. 

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 were applicable 

on September 30, 2023. The exemptions 

expire on September 30, 2025. 

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: 


lotter on DSK11XQN23PROD with NOTICES1
74562 Federal Register / Vol. 88, No. 209 / Tuesday, October 31, 2023 / Notices 

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. 

I. Public Participation 

A. 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. 

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 September 6, 2023, FMCSA 

published a notice announcing its 

decision to renew exemptions for six 

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 (88 FR 

60734). The public comment period 

ended on October 5, 2023, 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 

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 six 

renewal exemption applications, 

FMCSA announces its decision to 

exempt the following drivers from the 

epilepsy and seizure disorders 

prohibition in § 391.41(b)(8). 

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 (88 FR 60734): 

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 were applicable 

as of September 30, 2023 and will 

expire on September 30, 2025. 

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. 2023–23968 Filed 10–30–23; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Railroad Administration 

[Docket No. FRA–2010–0036] 

Southeastern Pennsylvania 

Transportation Authority’s Request To 

Amend Its Positive Train Control 

System 

AGENCY: Federal Railroad 

Administration (FRA), Department of 

Transportation (DOT). 

ACTION: Notice of availability and 

request for comments. 

SUMMARY: This document provides the 

public with notice that, on October 20, 

2023, the Southeastern Pennsylvania 

Transportation Authority (SEPTA) 

submitted a request for amendment 

(RFA) to its FRA-certified positive train 

control (PTC) system. FRA is publishing 

this notice and inviting public comment 

on the railroad’s RFA to its PTC system. 

DATES: FRA will consider comments 

received by November 20, 2023. 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–2010–0036. 

For convenience, all active PTC dockets 

are hyperlinked on FRA’s website at 

https://railroads.dot.gov/researchdevelopment/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 

PTC Safety Plan (PTCSP), a host railroad 


lotter on DSK11XQN23PROD with NOTICES1