89010 Federal Register / Vol. 88, No. 246 / Tuesday, December 26, 2023 / Notices 

number (FMCSA–2023–0040) in the 

keyword box, and click ‘‘Search.’’ Next, 

choose the only 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 

FMCSA received applications from 26 

individuals who requested an 

exemption from the FMCSRs 

prohibiting persons with a clinical 

diagnosis of epilepsy or any other 

condition that is likely to cause a loss 

of consciousness or any loss of ability to 

operate a CMV from operating CMVs in 

interstate commerce. 

FMCSA has evaluated the eligibility 

of these applicants and concluded that 

granting these exemptions would not 

provide a level of safety that would be 

equivalent to, or greater than, the level 

of safety that would be obtained by 

complying with § 391.41(b)(8). 

III. Basis for Exemption Determination 

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 

statute also allows the Agency to renew 

exemptions at the end of the 5-year 

period. 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 Agency’s decision 

regarding these exemption applications 

is based on the eligibility criteria, the 

terms and conditions for Federal 

exemptions, and an individualized 

assessment of each applicant’s medical 

information provided by the applicant. 

IV. Conclusion 

The Agency has determined that these 

applicants do not satisfy the eligibility 

criteria or meet the terms and 

conditions of the Federal exemption and 

granting these exemptions would not 

provide a level of safety that would be 

equivalent to, or greater than, the level 

of safety that would be obtained by 

complying with § 391.41(b)(8). 

Therefore, the 26 applicants in this 

notice have been denied exemptions 

from the physical qualification 

standards in § 391.41(b)(8). 

Each applicant has, prior to this 

notice, received a letter of final 

disposition regarding his/her exemption 

request. Those decision letters fully 

outlined the basis for the denial and 

constitute final action by the Agency. 

This notice summarizes the Agency’s 

recent denials as required under 49 

U.S.C. 31315(b)(4) by periodically 

publishing names and reasons for 

denial. 

The following 26 applicants do not 

meet the minimum time requirement for 

being seizure-free, either on or off of 

anti-seizure medication: 

Daniel Ashley (MD) 

Joseph Bodle (CA) 

Milverton Burton (FL) 

Joe Celedonia (MD) 

Cannon Fowler (AL) 

Brian Hagen (MN) 

Tomrone Harris (PA) 

Andre Hartig (ME) 

Dylan Hill (KS) 

Jacob Johnstone (WI) 

Regan Keller (NH) 

Richard Kelley (IL) 

Jeramie Kozlowski (PA) 

Adam Martin (IN) 

Dawn McGann (WA) 

Jaysen Meidell (IL) 

Douglas Pelton (OH) 

Kevin Pustelak (PA) 

Nicholas Quairoli (FL) 

Jesus Reyna (IL) 

Jennifer Roberts (NM) 

Quac’era Schaffer (NC) 

Paritpal Singh (CA) 

Kristina Walters (IN) 

Trevor Ward (CO) 

Penny Witteman (OH) 

Larry W. Minor, 

Associate Administrator for Policy. 

[FR Doc. 2023–28397 Filed 12–22–23; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–2018–0304; FMCSA– 

2019–0048; FMCSA–2019–0128] 

California and Washington Meal and 

Rest Break Rules; Petitions for Waiver 

of Preemption Determinations 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), Department 

of Transportation (DOT). 

ACTION: Notice of petitions for waiver of 

preemption determinations; request for 

comments. 

SUMMARY: FMCSA requests comments 

on petitions requesting waivers of the 

Agency’s December 21, 2018 and 

January 13, 2020 decisions preempting 

the State of California’s Meal and Rest 

Break (MRB) rules for certain drivers of 

property- and passenger-carrying 

commercial motor vehicles (CMVs) and 

its November 17, 2020 decision 

preempting the State of Washington’s 

MRB rules for certain drivers of 

property-carrying CMVs. Waiver 

petitions were filed by the International 

Brotherhood of Teamsters; the Truck 

Safety Coalition, Citizens for Reliable 

and Safe Highways and Parents Against 

Tired Truckers; William B. Trescott; and 

the State of California. 

DATES: Comments must be received on 

or before February 26, 2024. 

ADDRESSES: You may submit comments 

to the Federal Docket Management 

System Docket No. FMCSA–2018–0304, 

Docket No. FMCSA–2019–0048, and/or 

Docket FMCSA–2019–0128 using any of 

the following methods: 

• Federal eRulemaking Portal: Go to 

www.regulations.gov/, insert the docket 

number, FMCSA–2018–0304, docket 

number FMCSA–2019–0048, or docket 

FMCSA–2019–0128 in the keyword box, 

and click ‘‘Search.’’ Follow the online 

instructions for submitting a comment. 

• Mail: Dockets Operations, U.S. 

Department of Transportation, 1200 

New Jersey Avenue SE, West Building 

Ground Floor, Washington, DC 20590– 

0001. 

• Hand Delivery or Courier: Dockets 

Operations, West Building, Ground 

Floor, 1200 New Jersey Avenue SE, 

Washington, DC, 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. 

• Fax: (202) 493–2251. 

To avoid duplication, please use only 

one of these four methods. 


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Federal Register / Vol. 88, No. 246 / Tuesday, December 26, 2023 / Notices 89011 

1 Department of Labor and Industries, 

Administrative Policy ES.C.6.1, paragraph 11, 

https://lni.wa.gov/workers-rights/_docs/esc6.1.pdf. 

Privacy Act: DOT solicits comments 

from the public to better inform its 

decisions regarding preemption of State 

laws. 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 

www.transportation.gov/privacy. 

FOR FURTHER INFORMATION CONTACT: 

Tracy M. White, Enforcement and 

Litigation Division; FMCSA Office of 

Chief Counsel; 1200 New Jersey Avenue 

SE, Washington, DC 20590; (202) 493– 

0349; Tracy.White@dot.gov. If you have 

questions on viewing or submitting 

material to the docket, contact Dockets 

Operations, (202) 366–9317 or (202) 

366–9826. 

SUPPLEMENTARY INFORMATION: 

I. Background 

On December 21, 2018, FMCSA 

granted petitions filed by the American 

Trucking Associations and the 

Specialized Carriers and Rigging 

Association, and determined that 

California’s MRB rules, as applied to 

property-carrying CMV drivers subject 

to FMCSA’s hours of service (HOS) 

regulations, are preempted under 49 

United States Code (U.S.C.) 31141 

(Docket No. FMCSA–2018–0304; 83 FR 

67470 (Dec. 28, 2018)). On January 13, 

2020, FMCSA granted a petition filed by 

the American Bus Association and 

determined that California’s MRB rules, 

as applied to passenger-carrying CMV 

drivers subject to FMCSA’s HOS 

regulations, are also preempted under 

49 U.S.C. 31141 (Docket No. FMCSA– 

2019–0048; 85 FR 3469 (Jan. 21, 2020)). 

On November 27, 2020, FMCSA granted 

a petition filed by the Washington 

Trucking Associations and determined 

that Washington’s MRB rules, as applied 

to property-carrying CMV drivers 

subject to FMCSA’s HOS regulations, 

are preempted under 49 U.S.C. 31141 

(Docket No. FMCSA–2019–0128, 85 FR 

73335 (Nov. 17, 2020)). In each 

decision, FMCSA determined that the 

MRB rules are laws on CMV safety, that 

they are more stringent than the Federal 

regulations, and that they meet each of 

the three potential criteria for 

preemption under 49 U.S.C. 31141(c)(4) 

and (5) (see 83 FR 67470, 85 FR 3469; 

85 FR 7333). On January 15, 2021, the 

U.S. Court of Appeals for the Ninth 

Circuit denied petitions for review 

challenging the first preemption 

decision. Int’l Bhd. of Teamsters, Local 

2785 v. FMCSA, 986 F.3d 841 (9th Cir. 

2021), cert. denied sub nom. Trescott v. 

Fed. Motor Carrier, No. 20–1662, 142 S. 

Ct. 93 (Oct. 4, 2021). The State of 

California filed a petition for review in 

the Ninth Circuit in March 2020 

challenging the second preemption 

decision, and the court has held that 

case in abeyance. People of the State of 

Cal. ex rel. Bonta v. FMCSA, No. 20– 

70706 (9th Cir.). The State of 

Washington filed a petition for review 

in the Ninth Circuit challenging the 

third preemption decision but 

voluntarily dismissed the case in 

August 2022. State of Washington v. 

FMCSA, No. 20–73730 (9th Cir.). 

II. Applicable Law 

A. California’s MRB Rules 

Under section 512 of the California 

Labor Code, employers must provide 

non-exempt employees a 30-minute 

meal break if they work more than 5 

hours in a day, and employees who 

work a shift of 10 hours or more are 

entitled to a second 30-minute meal 

break. Under the California Code of 

Regulations (CCR) section 11090(12), 

employers are required to provide rest 

periods for non-exempt employees who 

work 31⁄2 or more hours in a day. 

Employees are entitled to a 10-minute 

rest period for each 4 hours, or a 

substantial fraction thereof, that they 

work in a day. To the extent possible, 

these breaks are to be taken in the 

middle of each 4-hour period (8 CCR 

section 11090(12)); California Industrial 

Welfare Commission Order No. 9–2001. 

California law provides that an 

employer shall not require an employee 

to work during a mandated meal or rest 

break and provides for additional pay as 

a remedy for violating that prohibition 

(Cal. Labor Code 226.7(b) and (c)). 

B. Washington’s MRB Rules 

Under the Washington Department of 

Labor and Industries’ regulations in 

section 296–126–092 of Washington’s 

Administrative Code (WAC), employers 

must provide employees a meal period 

of at least 30 minutes that commences 

after the second hour and before the 

fifth hour after the shift commences 

(WAC 296–126–092(1) and (2)). In 

addition, Washington’s MRB rules 

provide for a 10-minute rest period ‘‘for 

each four hours of working time’’ and 

must occur no later than the end of the 

third working hour (WAC 296–126– 

092(4)). The rest period must be 

scheduled as near as possible to the 

midpoint of the 4 hours of working 

time, and no employee may be required 

to work more than 3 consecutive hours 

without a rest period.1

C. Federal Preemption Under the Motor 

Carrier Safety Act of 1984 

Section 31141 of title 49, U.S.C., 

prohibits States from enforcing a law or 

regulation on CMV safety that the 

Secretary of Transportation (Secretary) 

has determined to be preempted. To 

determine whether a State law or 

regulation is preempted, the Secretary 

must decide whether a State law or 

regulation: (1) has the same effect as a 

regulation prescribed under 49 U.S.C. 

31136, which is the authority for much 

of the Federal Motor Carrier Safety 

Regulations; (2) is less stringent than 

such a regulation; or (3) is additional to 

or more stringent than such a regulation 

(49 U.S.C. 31141(c)(1)). 

If the Secretary decides that a State 

law or regulation is additional to or 

more stringent than a regulation 

prescribed by the Secretary under 49 

U.S.C. 31136, the State law or regulation 

may be enforced unless the Secretary 

decides that the State law or regulation 

(1) has no safety benefit; (2) is 

incompatible with the regulation 

prescribed by the Secretary; or (3) 

would cause an unreasonable burden on 

interstate commerce (Id. 31141(c)(4)). In 

deciding whether a State law or 

regulation will cause an unreasonable 

burden on interstate commerce, the 

Secretary may consider the cumulative 

effect that the State’s law or regulation 

and all similar laws and regulations of 

other States will have on interstate 

commerce (Id. 31141(c)(5)). The 

Secretary’s authority under 49 U.S.C. 

31141 is delegated to the FMCSA 

Administrator by 49 U.S.C. 113(f) and 

49 CFR 1.87(f). 

Pursuant to 49 U.S.C. 31141(d), 

FMCSA may grant a waiver of an 

FMCSA preemption decision. Under 

this provision, ‘‘[a] person (including a 

State) may petition the Secretary for a 

waiver of a decision of the Secretary 

that a State law or regulation may not 

be enforced under this section.’’ 

Further, ‘‘[t]he Secretary shall grant the 

waiver, as expeditiously as possible, if 

the person demonstrates to the 

satisfaction of the Secretary that the 

waiver is consistent with the public 

interest and the safe operation of 

commercial motor vehicles’’ (Id. 

§ 31141(d)(1)). 

III. Request for Comment on Petitions 

for Waiver of California and 

Washington Meal and Rest Break 

Preemption Determinations 

The International Brotherhood of 

Teamsters; the Truck Safety Coalition, 

Citizens for Reliable and Safe Highways, 

and Parents Against Tired Truckers; and 

William B. Trescott have submitted 


khammond on DSKJM1Z7X2PROD with NOTICES
89012 Federal Register / Vol. 88, No. 246 / Tuesday, December 26, 2023 / Notices 

2FMCSA also received a submission from 

Teamsters Locals 70, 87, 150, 386, 439, 948 and 

2785 requesting that FMCSA reverse its preemption 

decisions, as well as a comment from the OwnerOperator Independent Drivers Association. These 

documents may be viewed in the ‘‘Comments’’ 

section of the appropriate docket. 

petitions requesting the FMCSA waive 

all three determinations preempting 

California’s MRB rules for drivers of 

property- and passenger-carrying CMVs 

subject to FMCSA’s HOS rules and 

Washington’s MRB rules for propertycarrying CMVs subject to FMCSA’s HOS 

rules. 

The State of California has petitioned 

for waiver of the decisions preempting 

California’s MRB rules. FMCSA has 

placed each petition for waiver in the 

‘‘Documents’’ section of the appropriate 

docket.2 Although waiver of a 

preemption determination under 49 

U.S.C. 31141(d) is a legal determination 

reserved to the judgment of the Agency, 

FMCSA seeks comments on any issues 

raised in the above referenced petitions 

for waiver or otherwise relevant. In 

addition, FMCSA requests that 

commenters address the following 

issues: 

1. Whether and to what extent 

enforcement of a State’s meal and rest 

break laws with respect to intrastate 

property-carrying and passengercarrying CMV drivers has impacted the 

health and safety of drivers. 

2. Whether enforcement of State meal 

and rest break laws as applied to 

interstate property-carrying or 

passenger-carrying CMV drivers will 

exacerbate the existing truck parking 

shortages and result in more trucks 

parking on the side of the road and 

whether any such effect will burden 

interstate commerce or create additional 

dangers to drivers and the public; and 

3. Whether enforcement of a State’s 

meal and rest break laws as applied to 

interstate property-carrying or 

passenger-carrying CMV drivers will 

dissuade carriers from operating in that 

State; and 

4. Whether enforcement of a State’s 

meal and rest break laws as applied to 

interstate property-carrying or 

passenger-carrying CMV drivers will 

weaken or otherwise impact the 

resiliency of the national supply chain. 

Robin Hutcheson, 

Administrator. 

[FR Doc. 2023–28399 Filed 12–22–23; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–2023–0267] 

RIN 2126–AB56 

FMCSA Registration System 

Modernization 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), Department 

of Transportation (DOT). 

ACTION: Notice of public meeting. 

SUMMARY: FMCSA announces a public 

meeting to engage stakeholders, which 

includes motor carriers, brokers, freight 

forwarders, insurance companies, 

financial institutions, process agents, 

blanket companies, and third-party 

service providers; to get their 

perspective on improving the 

registration experience with FMCSA. 

DATES: The meeting will be held on 

January 17, 2024, from 8 a.m. to 4 p.m. 

A copy of the agenda, will be available 

in advance of the meeting at https://

www.fmcsa.dot.gov/registration/fmcsaregistration-modernization-stakeholderday. 

ADDRESSES: The meeting will be held at 

the DOT Headquarters Building, 1200 

New Jersey Avenue SE, Washington, DC 

20590–0001. Those interested in 

attending this public meeting must 

register at https://www.fmcsa.dot.gov/ 

registration/fmcsa-registrationmodernization-stakeholder-day by 11:59 

p.m. eastern standard time (EST), on 

January 8, 2024. Attendance is limited 

to 90 people. Attendees should arrive by 

8:00 a.m. to allow sufficient time to 

clear security. A virtual attendance 

option is not available for this meeting 

however, FMCSA will be affording 

additional engagement opportunities in 

the future which may include virtual 

attendance options. 

FOR FURTHER INFORMATION CONTACT: 

Alex Vanjani, Director, Office of the 

Chief Technology Officer (CTO), 

FMCSA, 1200 New Jersey Avenue SE, 

Washington, DC 20590–0001; (202) 510– 

7826; Alex.Vanjani@dot.gov. 

Supreet Kaur, Project Manager, Office 

of the CTO, FMCSA, 1200 New Jersey 

Avenue SE, Washington, DC 20590– 

0001; (202) 748–1204; Supreet.Kaur@

dot.gov. 

Services for individuals with 

disabilities: For information on facilities 

or services for individuals with 

disabilities or to request special 

assistance at the meeting, contact Alex 

Vanjani or Supreet Kaur using one of 

the above means by 11:59 p.m. EST, on 

January 8, 2024. 

SUPPLEMENTARY INFORMATION: 

Background 

FMCSA is developing a new online 

registration system, to improve the 

transparency and efficiency of FMCSA’s 

registration procedures as well as 

implement statutory requirements 

related to the registration program. 

FMCSA seeks user perspectives on 

improving the registration experience 

when engaging with FMCSA’s 

registration system. During this meeting, 

FMCSA will invite attendees to 

participate in breakout sessions that will 

align with different groups of users the 

Agency expects will use the new online 

registration system. FMCSA moderators 

will facilitate discussions on what 

potential users would like to see, as well 

as what would not be helpful from a 

user experience perspective. The day 

will end with a general listening 

session, where FMCSA representatives 

will receive comments and concerns 

about a new online registration system. 

Meeting Information 

This meeting is intended for current 

and potential users of a new online 

registration system. Breakout sessions 

will focus on the following categories of 

registration IT system users: 

• Motor carriers; 

• Brokers and freight forwarders; 

• Insurance companies/financial 

institutions and process agents/blanket 

companies; and 

• Third party service providers. 

The full meeting agenda will be 

available on the registration site (see 

ADDRESSES above for instructions on 

meeting registration) in advance of the 

meeting. 

Robin Hutcheson, 

Administrator. 

[FR Doc. 2023–28362 Filed 12–22–23; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–2023–0039] 

Qualification of Drivers; Exemption 

Applications; Epilepsy and Seizure 

Disorders 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), Department 

of Transportation (DOT). 

ACTION: Notice of applications for 

exemption; request for comments. 

SUMMARY: FMCSA announces receipt of 

applications from 12 individuals for an 

exemption from the prohibition in the 


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