Federal Register / Vol. 88, No. 221 / Friday, November 17, 2023 / Notices 80377 

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. 

1SCBG initially requested special approval and 

relief for 10 cars, but in its petition dated September 

6, 2023, SCBG requested that two cars be removed 

from the petition. 

I. Public Participation 

A. Viewing Comments 

To view comments go to 

www.regulations.gov. Insert the docket 

number (FMCSA–2014–0214, FMCSA– 

2015–0116, FMCSA–2019–0030, 

FMCSA–2019–0031, FMCSA–2019– 

0033, or FMCSA–2019–0034) 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. 

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 October 5, 2023, FMCSA 

published a notice announcing its 

decision to renew exemptions for seven 

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 

69285). The public comment period 

ended on November 6, 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 seven 

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 October 4, 2023, 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 (88 FR 69287): 

Douglas Day (IN) 

Dennis Klamm (MN) 

Michael Miller (TX) 

Ryan Moore (NC) 

William Swann (MD) 

Tyler Tilseth (NM) 

Adam Wilson (MN) 

The drivers were included in docket 

numbers FMCSA–2014–0214, 

FMCSA–2015–0116, FMCSA–2019– 

0030, FMCSA–2019–0031, FMCSA– 

2019–0033, or FMCSA–2019–0034. 

Their exemptions were applicable as of 

October 4, 2023 and will expire on 

October 4, 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. 2023–25502 Filed 11–16–23; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Railroad Administration 

[Docket Number FRA–2010–0001] 

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 petitions dated June 22, 2023; 

August 7, 2023; and September 6, 2023, 

Santa Cruz, Big Trees & Pacific Railway 

(SCBG) 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 parts 

215 (Railroad Freight Car Safety 

Standards) and 224 (Reflectorization of 

Rail Freight Rolling Stock). FRA 

assigned the petition Docket Number 

FRA–2010–0001. 

Specifically, SCBG requested a special 

approval pursuant to 49 CFR 215.203, 

Restricted cars, for a total of 8 flat cars 1

(SCBG 501–504 and SCBG 701–704) that 

are more than 50 years from the dates 

of original construction. SCBG also 

requested continued relief from 

§ 215.303, Stenciling of restricted cars, 

and § 224.101, General requirements, to 

operate the cars in tourist/excursion 

service. In support of its request, SCBG 

stated that the cars will only be operated 

on SCBG track and a one-mile section of 

Union Pacific Railroad track. 

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 may be 

submitted at www.regulations.gov. 

Follow the online instructions for 

submitting comments. 

Communications are requested by 

January 16, 2024. Comments received 

after that date will be considered if 


khammond on DSKJM1Z7X2PROD with NOTICES
80378 Federal Register / Vol. 88, No. 221 / Friday, November 17, 2023 / Notices 

practicable. FRA reserves the right to 

extend the existing relief subject to 

subsequent consideration of any 

comments submitted to the docket. 

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. 2023–25442 Filed 11–16–23; 8:45 am] 

BILLING CODE 4910–06–P 

DEPARTMENT OF TRANSPORTATION 

Federal Railroad Administration 

[Docket Number FRA–2023–0081] 

Petition for Waiver of Compliance 

Under part 211 of title 49 Code of 

Federal Regulations (CFR), this 

document provides the public notice 

that on September 18, 2023, Metrolink 

(SCAX); Alstom; Hallcon Corporation; 

and the International Association of 

Sheet Metal, Air, Rail and 

Transportation Workers (collectively, 

‘‘Petitioners’’), petitioned the Federal 

Railroad Administration (FRA) for a 

waiver of compliance from certain 

provisions of the Federal railroad safety 

regulations contained at 49 CFR part 

240 (Qualification and Certification of 

Locomotive Engineers) and part 242 

(Qualification and Certification of 

Conductors). FRA assigned the petition 

Docket Number FRA–2023–0081. 

Specifically, Petitioners request relief 

required to participate in FRA’s 

Confidential Close Call Reporting 

System (C3RS) Program. Petitioners seek 

to shield reporting employees from 

mandatory punitive sanctions that 

would otherwise arise as provided in 

§§ 240.117(e)(1)–(4); 240.305(a)(1)–(4) 

and (a)(6); 240.307; 242.403(b), (c), 

(e)(1)–(4), (e)(6)–(11), (f)(1)–(2); and 

242.407. The C3RS Program encourages 

certified operating crew members to 

report close calls and protects the 

employees and the railroad from 

discipline or sanctions arising from the 

incidents reported per the C3RS 

Implementing Memorandum of 

Understanding. 

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 January 

16, 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 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. 2023–25444 Filed 11–16–23; 8:45 am] 

BILLING CODE 4910–06–P 

DEPARTMENT OF TRANSPORTATION 

Federal Railroad Administration 

[Docket Number FRA–2023–0083] 

Petition for Waiver of Compliance 

Under part 211 of title 49 Code of 

Federal Regulations (CFR), this 

document provides the public notice 

that on September 22, 2023, Alabama 

Gulf Coast Railroad Company with the 

International Association of Sheet 

Metal, Air, Rail and Transportation 

Workers (collectively, ‘‘Petitioners’’), 

petitioned the Federal Railroad 

Administration (FRA) for a waiver of 

compliance from certain provisions of 

the Federal railroad safety regulations 

contained at 49 CFR part 240 

(Qualification and Certification of 

Locomotive Engineers) and part 242 

(Qualification and Certification of 

Conductors). FRA assigned the petition 

Docket Number FRA–2023–0083. 

Specifically, Petitioners request relief 

required to participate in FRA’s 

Confidential Close Call Reporting 

System (C3RS) Program. Petitioners seek 

to shield reporting employees from 

mandatory punitive sanctions that 

would otherwise arise as provided in 

§§ 240.117(e)(1)–(4); 240.305(a)(1)–(4) 

and (a)(6); 240.307; 242.403(b), (c), 

(e)(1)–(4), (e)(6)–(11), (f)(1)–(2); and 

242.407. The C3RS Program encourages 

certified operating crew members to 

report close calls and protects the 

employees and the railroad from 

discipline or sanctions arising from the 

incidents reported per the C3RS 

Implementing Memorandum of 

Understanding. 

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 January 

16, 2024 will be considered by FRA 

before final action is taken. Comments 


khammond on DSKJM1Z7X2PROD with NOTICES