Federal Register / Vol. 89, No. 232 / Tuesday, December 3, 2024 / Notices 95899 

§ 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). 

III. Discussion of Comments 

FMCSA received no comments in this 

proceeding. 

IV. Conclusion 

Based upon its evaluation of the 15 

renewal exemption applications and 

comments received, FMCSA announces 

its decision to exempt the following 

drivers from the hearing requirement in 

§ 391.41 (b)(11). 

As of November 25, 2024, and in 

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

31315(b), the following nine individuals 

have satisfied the renewal conditions for 

obtaining an exemption from the 

hearing requirement in the FMCSRs for 

interstate CMV drivers (89 FR 85287): 

Stephen Arellano (CO) 

Jimmy Benavides (TX) 

Robert Burnett (AZ) 

Leslie Crump (MI) 

Clark Dobson (CA) 

Tonnette Garza (FL) 

Paul Mansfield (KS) 

Michael Murrah (GA) 

Joseph Woodle (KY) 

The drivers were included in docket 

number FMCSA–2013–0124, FMCSA– 

2015–0326, FMCSA–2015–0329, 

FMCSA–2017–0058, FMCSA–2017– 

0059, FMCSA–2020–0027, FMCSA– 

2022–0035, or FMCSA–2022–0036. 

Their exemptions were applicable as of 

November 25, 2024 and will expire on 

November 25, 2026. 

As of November 30, 2024, 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 

hearing requirement in the FMCSRs for 

interstate CMV drivers (89 FR 85287): 

Deontae Blanks (TX) 

Alan Bridgeford (AZ) 

Michael Dohanish (OH) 

Bruce Dunn (LA) 

Teela Gilmore (GA) 

Adalberto Rodriguez (NY) 

The drivers were included in docket 

number FMCSA–2014–0104, FMCSA– 

2017–0058, FMCSA–2017–0060, or 

FMCSA–2018–0135. Their exemptions 

were applicable as of November 30, 

2024 and will expire on November 30, 

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, 49 

U.S.C. chapter 313, or the FMCSRs. 

Larry W. Minor, 

Associate Administrator for Policy. 

[FR Doc. 2024–28241 Filed 12–2–24; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–2013–0444; FMCSA– 

2015–0323; FMCSA–2018–0052; FMCSA– 

2018–0054; FMCSA–2020–0050; FMCSA– 

2022–0045] 

Qualification of Drivers; Exemption 

Applications; Epilepsy and Seizure 

Disorders 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), Department 

of Transportation (DOT). 

ACTION: Notice of renewal of 

exemptions; request for comments. 

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: Each group of renewed 

exemptions are applicable on the dates 

stated in the discussions below and will 

expire on the dates stated in the 

discussions below. Comments must be 

received on or before January 2, 2025. 

ADDRESSES: You may submit comments 

identified by the Federal Docket 

Management System Docket No. 

FMCSA–2013–0444, Docket No. 

FMCSA–2015–0323, Docket No. 

FMCSA–2018–0052, Docket No. 

FMCSA–2018–0054, Docket No. 

FMCSA–2020–0050, or Docket No. 

FMCSA–2022–0045 using any of the 

following methods: 

• Federal eRulemaking Portal: Go to 

www.regulations.gov/, insert the docket 

number (FMCSA–2013–0444, FMCSA– 

2015–0323, FMCSA–2018–0052, 

FMCSA–2018–0054, FMCSA–2020– 

0050, or FMCSA–2022–0045) in the 

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

sort the results by ‘‘Posted (NewerOlder),’’ choose the first notice listed, 

and click on the ‘‘Comment’’ button. 

Follow the online instructions for 

submitting comments. 

• Mail: Dockets Operations; U.S. 

Department of Transportation, 1200 

New Jersey Avenue SE, West Building 

Ground Floor, Washington, DC 20590– 

0001. 

• Hand Delivery: West Building 

Ground Floor, 1200 New Jersey Avenue 

SE, Washington, DC 20590–0001 

between 9 a.m. and 5 p.m. ET Monday 

through Friday, except Federal holidays. 

• Fax: (202) 493–2251. 

To avoid duplication, please use only 

one of these four methods. See the 

‘‘Public Participation’’ portion of the 

SUPPLEMENTARY INFORMATION section for 

instructions on submitting comments. 

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. Submitting Comments 

If you submit a comment, please 

include the docket number for this 

notice (Docket No. FMCSA–2013–0444, 

Docket No. FMCSA–2015–0323, Docket 

No. FMCSA–2018–0052, Docket No. 

FMCSA–2018–0054, Docket No. 

FMCSA–2020–0050, or Docket No. 

FMCSA–2022–0045), indicate the 

specific section of this document to 

which each comment applies, and 

provide a reason for each suggestion or 

recommendation. You may submit your 


lotter on DSK11XQN23PROD with NOTICES1
95900 Federal Register / Vol. 89, No. 232 / Tuesday, December 3, 2024 / 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. 

comments and material online or by fax, 

mail, or hand delivery, but please use 

only one of these means. FMCSA 

recommends that you include your 

name and a mailing address, an email 

address, or a phone number in the body 

of your document so that FMCSA can 

contact you if there are questions 

regarding your submission. 

To submit your comment online, go to 

www.regulations.gov/, insert the docket 

number (FMCSA–2013–0444, FMCSA– 

2015–0323, FMCSA–2018–0052, 

FMCSA–2018–0054, FMCSA–2020– 

0050, or FMCSA–2022–0045) in the 

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

sort the results by ‘‘Posted (NewerOlder),’’ choose the first notice listed, 

click the ‘‘Comment’’ button, and type 

your comment into the text box on the 

following screen. Choose whether you 

are submitting your comment as an 

individual or on behalf of a third party 

and then submit. 

If you submit your comments by mail 

or hand delivery, submit them in an 

unbound format, no larger than 81⁄2 by 

11 inches, suitable for copying and 

electronic filing. FMCSA will consider 

all comments and material received 

during the comment period. 

B. Viewing Comments 

To view comments go to 

www.regulations.gov. Insert the docket 

number (FMCSA–2013–0444, FMCSA– 

2015–0323, FMCSA–2018–0052, 

FMCSA–2018–0054, FMCSA–2020– 

0050, or FMCSA–2022–0045) 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. 

C. 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 

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 also 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 physical qualification standard 

for drivers regarding epilepsy found in 

49 CFR 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. 

The eight individuals listed in this 

notice have requested renewal of their 

exemptions from the epilepsy and 

seizure disorders prohibition in 

§ 391.41(b)(8), 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 eight 

applicants has satisfied the renewal 

conditions for obtaining an exemption 

from the epilepsy and seizure disorders 

prohibition. The eight drivers in this 

notice remain in good standing with the 

Agency, have maintained their medical 

monitoring and have not exhibited any 

medical issues that would compromise 

their ability to safely operate a CMV 

during the previous 2-year exemption 

period. In addition, the Agency has 

reviewed each applicant’s certified 

driving record from their State Driver’s 

Licensing Agency (SDLA). The 

information obtained from each 

applicant’s driving record provides the 

Agency with details regarding any 

moving violations or reported crash 

data, which demonstrates whether the 

driver has a safe driving history and is 

an indicator of future driving 

performance. If the driving record 

revealed a crash, FMCSA requested and 

reviewed the related police reports and 

other relevant documents, such as the 

citation and conviction information. 

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 renewal applicant for a period 

of 2 years is likely to achieve a level of 

safety equal to that existing without the 

exemption. 

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

and 31315(b), the following groups of 

drivers received renewed exemptions in 

the month of December and are 

discussed below. As of December 12, 

2024, 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: 

Jesse Hansen (MN) 

Domenick Panfile (NJ) 

Carsten Thode (WA) 

Thomas Kline (PA) 

Andrew Rieschick (NE) 

Jose Lara-Ramirez (NV) 

Stephen St. Marthe (NC) 

The drivers were included in docket 

number FMCSA–2013–0444, FMCSA– 

2018–0052, FMCSA–2018–0054, 

FMCSA–2020–0050, or FMCSA–2022– 

0045. Their exemptions are applicable 

as of December 12, 2024, and will expire 

on December 12, 2026. 

As of December 16, 2024, and in 

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

31315(b), Kyle Loney (WA) has satisfied 

the renewal conditions for obtaining an 


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Federal Register / Vol. 89, No. 232 / Tuesday, December 3, 2024 / Notices 95901 

exemption from the epilepsy and 

seizure disorders prohibition in the 

FMCSRs for interstate CMV drivers. 

This driver was included in docket 

number FMCSA–2015–0323. The 

exemption is applicable as of December 

16, 2024, and will expire on December 

16, 2026. 

V. Terms and Conditions 

The exemptions are extended subject 

to the following conditions: each driver 

must (1) remain seizure-free, maintain a 

stable treatment, and report to FMCSA 

within 24 hours if they experience a 

seizure during the 2-year exemption 

period; (2) submit to FMCSA annual 

reports from their treating physicians 

attesting to the stability of treatment and 

that the driver has remained seizurefree; (3) undergo an annual medical 

examination by a certified medical 

examiner, as defined by § 390.5T; (4) 

provide a copy of the annual medical 

certification to the employer for 

retention in the driver’s qualification 

file, or keep a copy of their driver’s 

qualification file if they are selfemployed; (5) report to FMCSA the date, 

time, and location of any crashes, as 

defined in § 390.5T, within 7 days of the 

crash; (6) report to FMCSA any citations 

and convictions for disqualifying 

offenses under 49 CFR parts 383 and 

391 to FMCSA within 7 days of the 

citation and conviction; and (7) submit 

to FMCSA annual certified driving 

records from their SDLA. 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 

driver must meet all the applicable 

commercial driver’s license 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 on its evaluation of the eight 

exemption applications, FMCSA renews 

the exemptions of the aforementioned 

drivers from the epilepsy and seizure 

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

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. 2024–28347 Filed 12–2–24; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Railroad Administration 

[Docket Number FRA–2010–0029] 

The National Railroad Passenger 

Corporation’s Request To Amend Its 

Positive Train Control Safety Plan and 

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 November 

21, 2024, the National Railroad 

Passenger Corporation (Amtrak) 

submitted a request for amendment 

(RFA) to its FRA-approved Positive 

Train Control Safety Plan (PTCSP) to 

provide supplemental information to its 

initial RFA, submitted October 16, 2024, 

which requested FRA’s approval for an 

increase to the system maximum 

operational speed from 150 miles per 

hour (MPH) to 160 MPH. As this RFA 

may involve a request for FRA’s 

approval of proposed material 

modifications to an FRA-certified 

positive train control (PTC) system, FRA 

is publishing this notice and inviting 

public comment on Amtrak’s RFA to its 

PTCSP. 

DATES: FRA will consider comments 

received by December 23, 2024. 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–2010–0029. 

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 

PTCSP, a host railroad must submit, and 

obtain FRA’s approval of, an RFA to its 

PTCSP under 49 CFR 236.1021. 

Under 49 CFR 236.1021(e), FRA’s 

regulations provide that FRA will 

publish a notice in the Federal Register 

and invite public comment in 

accordance with 49 CFR part 211, if an 

RFA includes a request for approval of 

a material modification of a signal or 

train control system. Accordingly, this 

notice informs the public that, on 

November 21, 2024, Amtrak submitted 

an RFA to its PTCSP for its Advanced 

Civil Speed Enforcement System II 

(ACSES II), which seeks FRA’s approval 

for an increase to the system maximum 

operational speed from 150 MPH to 160 

MPH. That RFA is available in Docket 

No. FRA–2010–0029. 

Interested parties are invited to 

comment on Amtrak’s RFA to its PTCSP 

by submitting written comments or data. 

During FRA’s review of Amtrak’s RFA, 

FRA will consider any comments or 

data submitted within the timeline 

specified in this notice and to the extent 

practicable, without delaying 

implementation of valuable or necessary 

modifications to a PTC system. See 49 

CFR 236.1021; see also 49 CFR 

236.1011(e). Under 49 CFR 236.1021, 

FRA maintains the authority to approve, 

approve with conditions, or deny a 

railroad’s RFA to its PTCSP at FRA’s 

sole discretion. 

Privacy Act Notice 

In accordance with 49 CFR 211.3, 

FRA solicits comments from the public 

to better inform its decisions. DOT posts 

these comments, without edit, including 

any personal information the 

commenter provides, to https://

www.regulations.gov, as described in 

the system of records notice (DOT/ALL– 

14 FDMS), which can be reviewed at 


lotter on DSK11XQN23PROD with NOTICES1