Federal Register / Vol. 89, No. 196 / Wednesday, October 9, 2024 / Notices 81985 

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. 

business on the closing date indicated 

under the DATES section of the notice. 

Larry W. Minor, 

Associate Administrator for Policy. 

[FR Doc. 2024–23358 Filed 10–8–24; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–2015–0320; FMCSA– 

2017–0252; FMCSA–2017–0253; FMCSA– 

2022–0044] 

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 eight 

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 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–2015–0320, FMCSA– 

2017–0252, FMCSA–2017–0253, or 

FMCSA–2022–0044) 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 August 30, 2024, FMCSA 

published a notice announcing its 

decision to renew exemptions for eight 

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 (89 FR 

70685). The public comment period 

ended on September 30, 2024, 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 eight 

renewal exemption applications and 

comments received, FMCSA announces 

its decision to exempt the following 

drivers from the epilepsy and seizure 

disorders prohibition in § 391.41(b)(8). 

As of September 16, 2024, and in 

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

31315(b), the following eight 

individuals have satisfied the renewal 

conditions for obtaining an exemption 

from the epilepsy and seizure disorders 

prohibition in the FMCSRs for interstate 

CMV drivers (89 FR 70685): 

Nathan Dermer (AK) 

Bradley Fullmer (UT) 

Cole Funk (PA) 

Joseph Hammond (OR) 

Anthony Kornuszko (PA) 

Michael Modica (FL) 

David Pamperin (WI) 

Dominick Sempervive (NJ) 

The drivers were included in docket 

number FMCSA–2015–0320, FMCSA– 

2017–0252, FMCSA–2017–0253, or 

FMCSA–2022–0044. Their exemptions 

were applicable as of September 16, 

2024 and will expire on September 16, 

2026. 

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. 2024–23359 Filed 10–8–24; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Railroad Administration 

[Docket Number FRA–2019–0090] 

Petition for Extension of Waiver of 

Compliance 

Under part 211 of title 49 Code of 

Federal Regulations (CFR), this 

document provides the public notice 


khammond on DSKJM1Z7X2PROD with NOTICES
81986 Federal Register / Vol. 89, No. 196 / Wednesday, October 9, 2024 / Notices 

that by letters received August 16, 2024, 

and August 30, 2024, Norfolk Southern 

Corporation’s operating subsidiary, 

Norfolk Southern Railway Company 

(NS), 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 

232 (Brake System Safety Standards for 

Freight and Other Non-Passenger Trains 

and Equipment; End-of-Train Devices). 

The relevant Docket Number is FRA– 

2019–0090. 

Specifically, NS requests to extend 

the existing waiver, which provides NS 

certain relief from the requirements of 

49 CFR 232.305(b)(2), Single car air 

brake tests, to ‘‘permit the replacement 

of FRA condemnable and other nonFRA condemnable wheelsets on railcars 

as part of an in-train wheelset 

replacement program, without the need 

to also perform the [single car air brake 

tests (SCABTs)]’’ as required. The 

program is only operated on two 

designated tracks at the NS railyard in 

Bluefield, West Virginia. 

The existing wheelset replacement 

program aims to ‘‘proactively identify 

and replace wheelsets,’’ which NS 

stated, ‘‘reduces the number of 

switching events that would otherwise 

be required to affect the repairs, 

reducing the risk of injury and 

derailment.’’ NS added that the program 

permits NS ‘‘to replace a greater 

percentage of wheelsets than currently 

replaced using traditional techniques.’’ 

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 

December 9, 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 the 

Department of Transportation’s (DOT) 

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. 2024–23335 Filed 10–8–24; 8:45 am] 

BILLING CODE 4910–06–P 

DEPARTMENT OF TRANSPORTATION 

Federal Railroad Administration 

[Docket Number FRA–2024–0070] 

Petition for Waiver of Compliance 

Under part 211 of title 49 Code of 

Federal Regulations (CFR), this 

document provides the public notice 

that on June 7, 2024, TOYX, Inc. 

(TOYX) petitioned the Federal Railroad 

Administration (FRA) for a special 

approval pursuant to 49 CFR part 215 

(Railroad Freight Car Safety Standards), 

and a waiver of compliance from 49 

CFR part 223 (Safety Glazing 

Standards—Locomotives, Passenger 

Cars and Cabooses). FRA assigned the 

petition Docket Number FRA–2024– 

0070. 

Specifically, TOYX requests a special 

approval pursuant to § 215.203, 

Restricted cars, for 6 cars and 4 cabooses 

that are more than 50 years from the 

dates of original construction. TOYX 

also seeks relief from 49 CFR part 223 

for safety glazing on the 4 cabooses (and 

1 car, TOYX 1001, if required) to 

operate the equipment for a few days 

per year on the New York, Susquehanna 

& Western Railway, Metro-North 

Railroad, and in equipment moves. In 

the petition, TOYX states that the 

equipment for which glazing relief is 

requested will travel on ‘‘lines that are 

regularly operated and maintained and 

have no known risk of propelled or 

fouling objects.’’ 

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 received by 

December 9, 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 the U.S. 

Department of Transportation’s (DOT) 

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. 2024–23336 Filed 10–8–24; 8:45 am] 

BILLING CODE 4910–06–P 

DEPARTMENT OF TRANSPORTATION 

Federal Railroad Administration 

[Docket Number FRA–2019–0089] 

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 on August 16, 2024, and August 27, 

2024, Norfolk Southern Corporation’s 


khammond on DSKJM1Z7X2PROD with NOTICES