77962 Federal Register / Vol. 89, No. 185 / Tuesday, September 24, 2024 / Notices 

11, to approximately 10 miles south of 

FM 1450, a distance of approximately 

16 miles. The proposed FM 1053 

roadway will consist of two undivided 

12-foot-wide travel lanes with 10-footwide shoulders. Drainage will consist of 

open ditches and single pipe culverts at 

driveways. The project will include 

replacing/updating the existing bridgeclass culvert. The actions by TxDOT and 

Federal agencies and the laws under 

which such actions were taken are 

described in the Categorical Exclusion 

Determination issued on August 5, 

2024, and other documents in the 

TxDOT project file. The Categorical 

Exclusion Determination and other 

documents in the TxDOT project file are 

available by contacting the TxDOT 

Odessa District Office at 3901 E 

Highway 80, Odessa, TX 79761; 

telephone: (432) 498–4697. 

7. Loop 250 at Todd Road, Midland 

County, Texas. The project will 

construct main lanes between 

Fairgrounds Road and CR 1150 and an 

overpass at the intersection of Todd 

Drive. The main lanes and overpass will 

consist of two 12-foot lanes in each 

direction, with 10-foot outside 

shoulders and 4-foot inside shoulders. 

The project will also construct an atgrade intersection under the overpass at 

Todd Drive, along with turnaround 

lanes. The actions by TxDOT and 

Federal agencies and the laws under 

which such actions were taken are 

described in the Categorical Exclusion 

Determination issued on August 28, 

2024, and other documents in the 

TxDOT project file. The Categorical 

Exclusion Determination and other 

documents in the TxDOT project file are 

available by contacting the TxDOT 

Odessa District Office at 3901 E 

Highway 80, Odessa, TX 79761; 

telephone: (432) 498–4697. 

8. South Zarzamora Street from US 90 

to Jennings Avenue, Bexar County, 

Texas. The project will realign South 

Zarzamora Street from US 90 to 

Jennings Avenue and construct a grade 

separation over the Frio City Road/Kirk 

Place and Union Pacific Railroad 

(UPRR) intersections. The project is 

approximately 0.8 miles. The actions by 

TxDOT and Federal agencies and the 

laws under which such actions were 

taken are described in the Final 

Environmental Assessment (EA), the 

Finding of No Significant Impact 

(FONSI) issued on June 21, 2024, and 

other documents in the TxDOT project 

file. The EA, FONSI, and other 

documents in the TxDOT project file are 

available by contacting the TxDOT San 

Antonio District Office at 4615 NW 

Loop 410, San Antonio, TX 78229; 

telephone: (210) 615–5839. 

9. FM 812 from US 183 to SH 21, 

Travis and Bastrop Counties, Texas. The 

project will include the realignment of 

a 1.46-mile section of FM 812 between 

US 183 and FM 973 and will upgrade 

FM 812 from a two-lane undivided 

roadway to a four-lane divided roadway. 

The project will also include 

improvements to a 0.75-mile portion of 

FM 973 from 0.1-mile north of McAngus 

Road to 0.2-mile south of FM 812. The 

project is approximately 9.49 miles 

long. The actions by TxDOT and Federal 

agencies and the laws under which such 

actions were taken are described in the 

Final Environmental Assessment (EA), 

the Finding of No Significant Impact 

(FONSI) issued on June 27, 2024, and 

other documents in the TxDOT project 

file. The EA, FONSI, and other 

documents in the TxDOT project file are 

available by contacting the TxDOT 

Austin District Office at 7901 North I– 

35, Austin, TX 78753; telephone: (512) 

832–7000. 

10. SH 249 from BW–8 N to I–45 N, 

Harris County, Texas. The project will 

reconstruct and widen SH 249 from BW 

8 N to I–45 N from a six-lane roadway 

to an eight-lane divided roadway, for a 

total distance of 7.2 miles. Directions of 

travel will be separated by a raised 

median varying from 6 to 30 feet wide. 

Turn bays for left and right movements 

will be added at major intersections. 

Ten-foot-wide sidepaths will be 

constructed on both sides of the 

roadway near the right-of-way limits. 

The actions by TxDOT and Federal 

agencies and the laws under which such 

actions were taken are described in the 

Final Environmental Assessment (EA), 

Finding of No Significant Impact 

(FONSI) issued on July 9, 2024 and 

other documents in the TxDOT project 

file. The EA, FONSI, and other 

documents in the TxDOT project file are 

available by contacting the TxDOT 

Houston District Office at 7600 

Washington Avenue, Houston, TX 

77007; telephone: (713) 802–5000. 

Authority: 23 U.S.C. 139(l)(1). 

Michael T. Leary, 

Director, Planning and Program Development, 

Federal Highway Administration. 

[FR Doc. 2024–21771 Filed 9–23–24; 8:45 am] 

BILLING CODE 4910–22–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–2024–0024] 

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 exempt 12 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 operate CMVs in 

interstate commerce. 

DATES: The exemptions were applicable 

on September 16, 2024. The exemptions 

expire on September 16, 2026. 

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: 

I. Public Participation 

A. Viewing Comments 

To view comments go to 

www.regulations.gov. Insert the docket 

number, (FMCSA–2024–0024) in the 

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

sort the results by ‘‘Posted (OlderNewer),’’ 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. 


lotter on DSK11XQN23PROD with NOTICES1
Federal Register / Vol. 89, No. 185 / Tuesday, September 24, 2024 / Notices 77963 

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. Privacy Act 

In accordance with 49 U.S.C. 

31315(b)(6), DOT solicits comments 

from the public on the exemption 

requests. 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 August 12, 2024, FMCSA 

published a notice announcing receipt 

of applications from 12 individuals 

requesting an exemption from the 

epilepsy and seizure disorders 

prohibition in 49 CFR 391.41(b)(8) and 

requested comments from the public (89 

FR 65703). The public comment period 

ended on September 11, 2024, and one 

comment was received. 

FMCSA has evaluated the eligibility 

of these applicants and determined that 

granting exemptions to these 

individuals 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 (MEs) in 

determining whether drivers with 

certain medical conditions are qualified 

to operate a CMV in interstate 

commerce. 

III. Discussion of Comments 

FMCSA received one comment in this 

proceeding. However, the comment is 

outside the scope of this notice. 

IV. 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 

statutes 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 Agency’s decision regarding these 

exemption applications is based on the 

2007 recommendations of the Agency’s 

Medical Expert Panel. The Agency 

conducted an individualized assessment 

of each applicant’s medical information, 

including the root cause of the 

respective seizure(s) and medical 

information about the applicant’s 

seizure history, the length of time that 

has elapsed since the individual’s last 

seizure, the stability of each individual’s 

treatment regimen and the duration of 

time on or off of anti-seizure 

medication. In addition, the Agency 

reviewed the treating clinician’s 

medical opinion related to the ability of 

the driver to safely operate a CMV with 

a history of seizure and each applicant’s 

driving record found in the Commercial 

Driver’s License Information System for 

commercial driver’s license (CDL) 

holders, and interstate and intrastate 

inspections recorded in the Motor 

Carrier Management Information 

System. For non-CDL holders, the 

Agency reviewed the driving records 

from the State Driver’s Licensing 

Agency. A summary of each applicant’s 

seizure history was discussed in the 

August 12, 2024, Federal Register 

notice (89 FR 65703) and will not be 

repeated in this notice. 

These 12 applicants have been 

seizure-free over a range of 37 years 

while taking anti-seizure medication 

and maintained a stable medication 

treatment regimen for the last 2 years. In 

each case, the applicant’s treating 

physician verified his or her seizure 

history and supports the ability to drive 

commercially. 

The Agency acknowledges the 

potential consequences of a driver 

experiencing a seizure while operating a 

CMV. However, the Agency believes the 

drivers granted this exemption have 

demonstrated that they are unlikely to 

have a seizure and their medical 

condition does not pose a risk to public 

safety. 

Consequently, FMCSA finds further 

that in each case exempting these 

applicants from the epilepsy and seizure 

disorder prohibition in § 391.41(b)(8) 

would likely achieve a level of safety 

equal to that existing without the 

exemption, consistent with the 

applicable standard in 49 U.S.C. 

31315(b)(1). 

V. Conditions and Requirements 

The terms and conditions of the 

exemption are provided to the 

applicants in the exemption document 

and include the following: (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 § 390.5T; 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. 

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 12 

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: 

Rosario Basone (NY) 

Kimberly Breker (ND) 

Ed Eskridge (IN) 

David Garner (IA) 

Carlos Kelly (NC) 

Jaxon Krisko (OH) 

Justin McGinnis (KS) 

Dalton Nicodemus (WV) 

Zachary Pfister (IN) 

Daniel Richey (TX) 

Jessica Schmit (PA) 

Teri Smieja (WI) 

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 


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77964 Federal Register / Vol. 89, No. 185 / Tuesday, September 24, 2024 / Notices 

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. 2024–21721 Filed 9–23–24; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Maritime Administration 

[Docket No. MARAD–2024–0126] 

Coastwise Endorsement Eligibility 

Determination for a Foreign-Built 

Vessel: Raven Heart (Sail); Invitation 

for Public Comments 

AGENCY: Maritime Administration, DOT. 

ACTION: Notice. 

SUMMARY: The Secretary of 

Transportation, as represented by the 

Maritime Administration (MARAD), is 

authorized to issue coastwise 

endorsement eligibility determinations 

for foreign-built vessels which will carry 

no more than twelve passengers for hire. 

A request for such a determination has 

been received by MARAD. By this 

notice, MARAD seeks comments from 

interested parties as to any effect this 

action may have on U.S. vessel builders 

or businesses in the U.S. that use U.S.- 

flag vessels. Information about the 

requestor’s vessel, including a brief 

description of the proposed service, is 

listed below. 

DATES: Submit comments on or before 

October 24, 2024. 

ADDRESSES: You may submit comments 

identified by DOT Docket Number 

MARAD–2024–0126 by any one of the 

following methods: 

• Federal eRulemaking Portal: Go to 

https://www.regulations.gov. Search 

MARAD–2024–0126 and follow the 

instructions for submitting comments. 

• Mail or Hand Delivery: Docket 

Management Facility is in the West 

Building, Ground Floor of the U.S. 

Department of Transportation. The 

Docket Management Facility location 

address is U.S. Department of 

Transportation, MARAD–2024–0126, 

1200 New Jersey Avenue SE, West 

Building, Room W12–140, Washington, 

DC 20590, between 9 a.m. and 5 p.m., 

Monday through Friday, except on 

Federal holidays. 

Note: If you mail or hand-deliver your 

comments, we recommend that you 

include your name and a mailing 

address, an email address, or a 

telephone number in the body of your 

document so that we can contact you if 

we have questions regarding your 

submission. 

Instructions: All submissions received 

must include the agency name and 

specific docket number. All comments 

received will be posted without change 

to the docket at www.regulations.gov, 

including any personal information 

provided. For detailed instructions on 

submitting comments, or to submit 

comments that are confidential in 

nature, see the section entitled Public 

Participation. 

FOR FURTHER INFORMATION CONTACT: 

Patricia Hagerty, U.S. Department of 

Transportation, Maritime 

Administration, 1200 New Jersey 

Avenue SE, Room W23–461, 

Washington, DC 20590. Telephone: 

(202) 366–0903. Email: 

patricia.hagerty@dot.gov. 

SUPPLEMENTARY INFORMATION: As 

described in the application, the 

intended service of the vessel Raven 

Heart is: 

Intended Commercial Use of Vessel: 

Requester intends to offer passenger 

charters. 

Geographic Region Including Base of 

Operations: California, Oregon, 

Washington, Alaska. Base of Operations: 

Los Angeles, California. 

Vessel Length and Type: 39.9′ Sail. 

The complete application is available 

for review identified in the DOT docket 

as MARAD 2024–0126 at https://

www.regulations.gov. Interested parties 

may comment on the effect this action 

may have on U.S. vessel builders or 

businesses in the U.S. that use U.S.-flag 

vessels. If MARAD determines, in 

accordance with 46 U.S.C. 12121 and 

MARAD’s regulations at 46 CFR part 

388, that the employment of the vessel 

in the coastwise trade to carry no more 

than 12 passengers will have an unduly 

adverse effect on a U.S.-vessel builder or 

a business that uses U.S.-flag vessels in 

that business, MARAD will not issue an 

approval of the vessel’s coastwise 

endorsement eligibility. Comments 

should refer to the vessel name, state the 

commenter’s interest in the application, 

and address the eligibility criteria given 

in section 388.4 of MARAD’s 

regulations at 46 CFR part 388. 

Public Participation 

How do I submit comments? 

Please submit your comments, 

including the attachments, following the 

instructions provided under the above 

heading entitled ADDRESSES. Be advised 

that it may take a few hours or even 

days for your comment to be reflected 

on the docket. In addition, your 

comments must be written in English. 

We encourage you to provide concise 

comments and you may attach 

additional documents as necessary. 

There is no limit on the length of the 

attachments. 

Where do I go to read public comments, 

and find supporting information? 

Go to the docket online at https://

www.regulations.gov, keyword search 

MARAD–2024–0126 or visit the Docket 

Management Facility (see ADDRESSES for 

hours of operation). We recommend that 

you periodically check the Docket for 

new submissions and supporting 

material. 

Will my comments be made available to 

the public? 

Yes. Be aware that your entire 

comment, including your personal 

identifying information, will be made 

publicly available. 

May I submit comments confidentially? 

If you wish to submit comments 

under a claim of confidentiality, you 

should submit the information you 

claim to be confidential commercial 

information by email to SmallVessels@

dot.gov. Include in the email subject 

heading ‘‘Contains Confidential 

Commercial Information’’ or ‘‘Contains 

CCI’’ and state in your submission, with 

specificity, the basis for any such 

confidential claim highlighting or 

denoting the CCI portions. If possible, 

please provide a summary of your 

submission that can be made available 

to the public. 

In the event MARAD receives a 

Freedom of Information Act (FOIA) 

request for the information, procedures 

described in the Department’s FOIA 

regulation at 49 CFR 7.29 will be 

followed. Only information that is 

ultimately determined to be confidential 

under those procedures will be exempt 

from disclosure under FOIA. 

Privacy Act 

Anyone can search the electronic 

form of all comments received into any 

of our dockets by the name of the 

individual submitting the comment (or 

signing the comment, if submitted on 

behalf of an association, business, labor 

union, etc.). For information on DOT’s 

compliance with the Privacy Act, please 

visit https://www.transportation.gov/ 

privacy. 

(Authority: 49 CFR 1.93(a), 46 U.S.C. 55103, 

46 U.S.C. 12121) 

By Order of the Maritime Administrator. 

T. Mitchell Hudson, Jr., 

Secretary, Maritime Administration. 

[FR Doc. 2024–21783 Filed 9–23–24; 8:45 am] 

BILLING CODE 4910–81–P 


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