Qualification of Drivers; Exemption Applications; Epilepsy and Seizure Disorders, 39906-39907 [2023-13034]
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Federal Register / Vol. 88, No. 117 / Tuesday, June 20, 2023 / Notices
Unique identifier
Issued date
FMCSA–RG–390.23–FAQ016 .....................................................................................................................
FMCSA–RG–390.23–FAQ017 .....................................................................................................................
FMCSA–RG–390.23–FAQ018 .....................................................................................................................
FMCSA–RG–390.23–FAQ019 .....................................................................................................................
FMCSA–RG–390.23–FAQ020 .....................................................................................................................
FMCSA–RG–390.23–FAQ021 .....................................................................................................................
FMCSA–RG–390.23–FAQ022 .....................................................................................................................
FMCSA–RG–390.23–FAQ023 .....................................................................................................................
FMCSA–RG–390.23–FAQ024 .....................................................................................................................
FMCSA–RG–390.23–Q004 .........................................................................................................................
Robin Hutcheson,
Administrator.
[FR Doc. 2023–13033 Filed 6–16–23; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2023–0034]
Qualification of Drivers; Exemption
Applications; Epilepsy and Seizure
Disorders
Federal Motor Carrier Safety
Administration (FMCSA), Department
of Transportation (DOT).
ACTION: Notice of denials.
AGENCY:
FMCSA announces its
decision to deny applications from 27
individuals who requested an
exemption from the Federal Motor
Carrier Safety Regulations (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 commercial motor vehicle
(CMV) from operating CMVs in
interstate commerce.
FOR FURTHER INFORMATION CONTACT: Ms.
Christine A. Hydock, Chief, Medical
Programs Division, FMCSA, Department
of Transportation, 1200 New Jersey
Avenue SE, Room W64–224,
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 material in the
docket, contact Dockets Operations,
(202) 366–9826.
SUPPLEMENTARY INFORMATION:
lotter on DSK11XQN23PROD with NOTICES1
SUMMARY:
I. Public Participation
A. Comments
To view comments go to
www.regulations.gov. Insert the docket
number (FMCSA–2023–0034) in the
keyword box, and click ‘‘Search.’’ Next,
sort the results by ‘‘Posted (Newer-
VerDate Sep<11>2014
16:52 Jun 16, 2023
Jkt 259001
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
FMCSA received applications from 27
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
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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 2year 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 27 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 27 applicants do not
meet the minimum time requirement for
being seizure-free, either on or off of
anti-seizure medication:
Larry Attles (MI)
Julio Baez-Soto (NY)
Charles Boman (PA)
Christopher Carver (TX)
Ryan Cecchini (WI)
Joey Cerniglia (GA)
Jason Ebert (OH)
Muhammad Elbaba (MN)
Jonathan Flight (NE)
Marcus Foster (NJ)
Deyanira Gonzalez (TX)
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Federal Register / Vol. 88, No. 117 / Tuesday, June 20, 2023 / Notices
Bryan Hsu (CA)
Gabriel Ihm (IL)
Scott Jensen (WI)
Evin Ksiezarcyzk (NY)
Zachery Lieske (WI)
Juanita Liscano (TX)
Brandon Mullican (GA)
Matthew Nipper (TN)
Jeremy Olson (WI)
Elizabeth Orr (NC)
Brody Scott (CA)
Andonia Smith (MI)
Joshua Sunderland (PA)
Adriana Torres (WA)
Gabriel Wilcox (CA)
Cornelius Wilson (GA)
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2023–13034 Filed 6–16–23; 8:45 am]
BILLING CODE 4910–EX–P
UNITED STATES SENTENCING
COMMISSION
Proposed Priorities for Amendment
Cycle
United States Sentencing
Commission.
ACTION: Notice; request for comment.
AGENCY:
As part of its statutory
authority and responsibility to analyze
sentencing issues, including operation
of the federal sentencing guidelines, and
in accordance with its Rules of Practice
and Procedure, the United States
Sentencing Commission is seeking
comment on possible policy priorities
for the amendment cycle ending May 1,
2024.
DATES: Public comment should be
received by the Commission on or
before August 1, 2023. Any public
comment received after the close of the
comment period may not be considered.
ADDRESSES: There are two methods for
submitting public comment.
Electronic Submission of Comments.
Comments may be submitted
electronically via the Commission’s
Public Comment Submission Portal at
https://comment.ussc.gov. Follow the
online instructions for submitting
comments.
Submission of Comments by Mail.
Comments may be submitted by mail to
the following address: United States
Sentencing Commission, One Columbus
Circle NE, Suite 2–500, Washington, DC
20002–8002, Attention: Public Affairs—
Priorities Comment.
FOR FURTHER INFORMATION CONTACT:
Jennifer Dukes, Senior Public Affairs
Specialist, (202) 502–4597.
SUPPLEMENTARY INFORMATION: The
United States Sentencing Commission is
lotter on DSK11XQN23PROD with NOTICES1
SUMMARY:
VerDate Sep<11>2014
16:52 Jun 16, 2023
Jkt 259001
an independent agency in the judicial
branch of the United States
Government. The Commission
promulgates sentencing guidelines and
policy statements for federal courts
pursuant to 28 U.S.C. 994(a). The
Commission also periodically reviews
and revises previously promulgated
guidelines pursuant to 28 U.S.C. 994(o)
and submits guideline amendments to
the Congress not later than the first day
of May each year pursuant to 28 U.S.C.
994(p).
The Commission provides this notice
identifying the possible policy priorities
that the Commission expects to focus on
during the amendment cycle ending
May 1, 2024. While continuing to
address legislation or other matters
requiring more immediate action, the
Commission has decided to limit its
consideration of specific guidelines
amendments for this amendment cycle.
Instead, in light of the 40th anniversary
of the Sentencing Reform Act, the
Commission anticipates undertaking a
number of projects examining the
degree to which current sentencing,
penal, and correctional practices are
effective in meeting the purposes of
sentencing as set forth in the Sentencing
Reform Act. See 28 U.S.C. 991(b)(2). The
Commission expects to continue work
on many of these priorities beyond the
upcoming amendment cycle. The
Commission invites comment on the
proposed priorities set forth below,
along with any additional priorities
commenters believe the Commission
should consider in the upcoming
amendment cycle and beyond. Public
comment should be sent to the
Commission as indicated in the
ADDRESSES section above.
Pursuant to 28 U.S.C. 994(g), the
Commission intends to consider the
issue of reducing costs of incarceration
and overcapacity of prisons, to the
extent it is relevant to any identified
priority.
The proposed priorities for the
amendment cycle ending May 1, 2024,
are as follows:
(1) Assessing the degree to which
certain practices of the Bureau of
Prisons are effective in meeting the
purposes of sentencing as set forth in 18
U.S.C. 3553(a)(2) and considering any
appropriate responses including
possible consideration of
recommendations or amendments.
(2) Promotion of court-sponsored
diversion and alternatives-toincarceration programs by expanding
the availability of information and
organic documents pertaining to
existing programs (e.g., Pretrial
Opportunity Program, Conviction And
Sentence Alternatives (CASA) Program,
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39907
Special Options Services (SOS)
Program) through the Commission’s
website and possible workshops and
seminars sharing best practices for
developing, implementing, and
assessing such programs.
(3) Examination of the Guidelines
Manual, including exploration of ways
to simplify the guidelines and possible
consideration of amendments that might
be appropriate.
(4) Continuation of its multiyear study
of the Guidelines Manual to address
case law concerning the validity and
enforceability of guideline commentary.
(5) Continued examination of the
career offender guidelines, including (A)
updating the data analyses and statutory
recommendations set forth in the
Commission’s 2016 report to Congress,
titled Career Offender Sentencing
Enhancements; (B) devising and
conducting workshops to discuss the
scope and impact of the career offender
guidelines, including discussion of
possible alternative approaches to the
‘‘categorical approach’’ in determining
whether an offense is a ‘‘crime of
violence’’ or a ‘‘controlled substance
offense’’; and (C) possible consideration
of amendments that might be
appropriate.
(6) Examination of the treatment of
youthful offenders under the Guidelines
Manual, including possible
consideration of amendments that might
be appropriate.
(7) Implementation of any legislation
warranting Commission action.
(8) Resolution of circuit conflicts as
warranted, pursuant to the
Commission’s authority under 28 U.S.C.
991(b)(1)(B) and Braxton v. United
States, 500 U.S. 344 (1991).
(9) Consideration of other
miscellaneous issues coming to the
Commission’s attention.
(10) Further examination of federal
sentencing practices on a variety of
issues, possibly including: (A) the
prevalence and nature of drug
trafficking offenses involving
methamphetamine; (B) drug trafficking
offenses resulting in death or serious
bodily injury; (C) comparison of
sentences imposed in cases disposed of
through trial versus plea; (D)
continuation of the Commission’s
studies regarding recidivism; and (E)
other areas of federal sentencing in need
of additional research.
(11) Additional issues identified
during the comment period.
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]]>Agencies
[Federal Register Volume 88, Number 117 (Tuesday, June 20, 2023)]
[Notices]
[Pages 39906-39907]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-13034]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2023-0034]
Qualification of Drivers; Exemption Applications; Epilepsy and
Seizure Disorders
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), Department
of Transportation (DOT).
ACTION: Notice of denials.
-----------------------------------------------------------------------
SUMMARY: FMCSA announces its decision to deny applications from 27
individuals who requested an exemption from the Federal Motor Carrier
Safety Regulations (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 commercial
motor vehicle (CMV) from operating CMVs in interstate commerce.
FOR FURTHER INFORMATION CONTACT: Ms. Christine A. Hydock, Chief,
Medical Programs Division, FMCSA, Department of Transportation, 1200
New Jersey Avenue SE, Room W64-224, Washington, DC 20590-0001, (202)
366-4001, [email protected]. 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 material in the docket, contact Dockets
Operations, (202) 366-9826.
SUPPLEMENTARY INFORMATION:
I. Public Participation
A. Comments
To view comments go to www.regulations.gov. Insert the docket
number (FMCSA-2023-0034) 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-system-records-notices, the comments are searchable by the name of
the submitter.
II. Background
FMCSA received applications from 27 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 Sec. 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 Sec. 391.41(b)(8).
Therefore, the 27 applicants in this notice have been denied exemptions
from the physical qualification standards in Sec. 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 27 applicants do not meet the minimum time
requirement for being seizure-free, either on or off of anti-seizure
medication:
Larry Attles (MI)
Julio Baez-Soto (NY)
Charles Boman (PA)
Christopher Carver (TX)
Ryan Cecchini (WI)
Joey Cerniglia (GA)
Jason Ebert (OH)
Muhammad Elbaba (MN)
Jonathan Flight (NE)
Marcus Foster (NJ)
Deyanira Gonzalez (TX)
[[Page 39907]]
Bryan Hsu (CA)
Gabriel Ihm (IL)
Scott Jensen (WI)
Evin Ksiezarcyzk (NY)
Zachery Lieske (WI)
Juanita Liscano (TX)
Brandon Mullican (GA)
Matthew Nipper (TN)
Jeremy Olson (WI)
Elizabeth Orr (NC)
Brody Scott (CA)
Andonia Smith (MI)
Joshua Sunderland (PA)
Adriana Torres (WA)
Gabriel Wilcox (CA)
Cornelius Wilson (GA)
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2023-13034 Filed 6-16-23; 8:45 am]
BILLING CODE 4910-EX-P
