Qualification of Drivers; Exemption Applications; Epilepsy and Seizure Disorders, 44439-44440 [2023-14722]

Download as PDF Federal Register / Vol. 88, No. 132 / Wednesday, July 12, 2023 / Notices Issued in Washington, DC, on July 7, 2023. Sandra Fox, Environmental Protection Specialist, FAA Office of Environment & Energy. [FR Doc. 2023–14715 Filed 7–11–23; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration Notice of Opportunity for Public Comment on Non-Rulemaking Action at Northeast Alabama Regional Airport (GAD) Located in Gadsden, Alabama Federal Aviation Administration, Department of Transportation (DOT). ACTION: Request for public comments. AGENCY: Under the provisions of the United States Code (U.S.C.), notice is being given that the FAA is considering a request from the Northeast Alabama Regional Airport Authority to waive the requirement that a 150± acre parcel of airport property, located at Northeast Alabama Regional Airport (GAD) in Gadsden, Alabama, be used for aeronautical purposes. DATES: Comments must be received on or before August 11, 2023. ADDRESSES: The public may send comments using the following methods: • Federal eRulemaking Portal: Go to https://www.regulations.gov, and follow the instructions on providing comments. • Fax: 601–664–9901. • Mail: Brian Hendry, Community Planner, Jackson Airports District Office, 100 West Cross St., Suite B, Jackson, MS 39208–2307. • Hand Delivery: Deliver to mail address above between 8 a.m. and 5 p.m. Monday through Friday, excluding Federal holidays. In addition, one copy of any comments submitted to the FAA must be mailed or delivered to Northeast Alabama Airport Authority Attn: Mr. Lee Roberts at the Northeast Alabama Airport, 185 Ira Gray Drive, Gadsden, Alabama 35904. FOR FURTHER INFORMATION CONTACT: Brian Hendry, Community Planner, Jackson Airports District Office, 100 West Cross Street, Suite B, Jackson, MS 39208–2307, (601) 664–9897. The land release request may be reviewed in person at this same location. SUPPLEMENTARY INFORMATION: The FAA is reviewing a request by the Northeast Alabama Regional Airport Authority to release approximately 150± acres of airport property at Northeast Alabama Regional Airport (GAD) under the lotter on DSK11XQN23PROD with NOTICES1 SUMMARY: VerDate Sep<11>2014 17:29 Jul 11, 2023 Jkt 259001 provisions of 49 U.S.C. 47153(c). The FAA determined that the request to release property at Northeast Alabama Regional Airport (GAD) submitted by the Sponsor meets the procedural requirements of the Federal Aviation Administration and the release of the property does not and will not impact future aviation needs at the airport. The FAA may approve the request, in whole or in part, no sooner than thirty days after the publication of this notice. The property will be purchased by The City of Gadsden, AL, and then donated to a private entity, Ultra Safe Nuclear Corporation (USNC), to locate a nonnuclear production facility. The property is located on the southwest area of airport property adjacent and north of Steele Station Road. The airport will receive fair market value for the property, and the net proceeds from the sale of this property will be used for maintenance and improvements at the Northeast Alabama Regional Airport (GAD). The proposed use of this property is compatible with airport operations. Copies of the Property Appraisal, Boundary Survey, Legal Description are available for examination by appointment. Any person may inspect the request in person at the FAA office listed above under FOR FURTHER INFORMATION CONTACT. In addition, any person may, upon request, inspect the request, notice and other documents germane to the request in person at the Northeast Alabama Regional Airport, 185 Ira Gray Drive, Gadsden, AL 35904. Issued in Jackson, Mississippi, on July 6, 2023. Rans D. Black, Manager, Jackson Airports District Office, Southern Region. [FR Doc. 2023–14684 Filed 7–11–23; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA–2010–0203; FMCSA– 2011–0089; FMCSA–2014–0213; FMCSA– 2015–0115; FMCSA–2016–0007; FMCSA– 2018–0057; FMCSA–2019–0027] Qualification of Drivers; Exemption Applications; Epilepsy and Seizure Disorders Federal Motor Carrier Safety Administration (FMCSA), Department of Transportation (DOT). ACTION: Notice of final disposition. AGENCY: PO 00000 Frm 00190 Fmt 4703 Sfmt 4703 44439 FMCSA announces its decision to renew exemptions for seven 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 June 10, 2023. The exemptions expire on June 10, 2025. FOR FURTHER INFORMATION CONTACT: Ms. Christine A. Hydock, Chief, Medical Programs Division, FMCSA, DOT, 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 or submitting material to the docket, contact Dockets Operations, (202) 366–9826. SUPPLEMENTARY INFORMATION: SUMMARY: I. Public Participation A. Viewing Comments To view comments go to www.regulations.gov. Insert the docket number (FMCSA–2010–0203, FMCSA– 2011–0089, FMCSA–2014–0213, FMCSA–2015–0115, FMCSA–2016– 0007, FMCSA–2018–0057, or FMCSA– 2019–0027) 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 E:\FR\FM\12JYN1.SGM 12JYN1 44440 Federal Register / Vol. 88, No. 132 / Wednesday, July 12, 2023 / Notices https://www.transportation.gov/ individuals/privacy/privacy-act-systemrecords-notices, the comments are searchable by the name of the submitter. II. Background On May 1, 2023, FMCSA published a notice announcing its decision to renew exemptions for seven 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 (88 FR 34916). The public comment period ended on June 30, 2023, 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. lotter on DSK11XQN23PROD with NOTICES1 III. Discussion of Comments FMCSA received no comments in this proceeding. IV. Conclusion Based on its evaluation of the seven 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 June 10, 2023, 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 (88 FR 34916): John D. Archer (MO) Brian Brown (PA) Marvin Fender (CO) Daniel Gast (KS) Denton Hineline (WA) 1 These 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. VerDate Sep<11>2014 17:29 Jul 11, 2023 Jkt 259001 Steve Hunsaker (ID) Bryan R Jones (PA) The drivers were included in docket number FMCSA–2010–0203, FMCSA– 2011–0089, FMCSA–2014–0213, FMCSA–2015–0115, FMCSA–2016– 0007, FMCSA–2018–0057, or FMCSA– 2019–0027. Their exemptions were applicable as of June 10, 2023 and will expire on June 10, 2025. 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. 2023–14722 Filed 7–11–23; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION Federal Transit Administration [Docket No. FTA–2023–0009] Grant Programs for Urbanized Areas: Program Guidance and Application Instructions, Proposed Circular Federal Transit Administration (FTA), Department of Transportation (DOT). ACTION: Notice of availability of proposed circular and request for comments. AGENCY: The Federal Transit Administration (FTA) is seeking public comment on a new, consolidated circular entitled, ‘‘Grant Programs for Urbanized Areas: Program Guidance and Application Instructions’’ which consolidates and replaces the circulars for the Urbanized Area Formula Grants Program, the State of Good Repair Grants Program, and the Urbanized Area formula component of the Grants for Buses and Bus Facilities Program. The update and consolidation of the circulars incorporate provisions from the Fixing America’s Surface Transportation (FAST) Act; the Infrastructure Investment and Jobs Act, also known as the Bipartisan Infrastructure Law (BIL); the Uniform Administrative Requirements for Federal awards to non-Federal entities; SUMMARY: PO 00000 Frm 00191 Fmt 4703 Sfmt 4703 and current FTA policies and procedures. Comments must be submitted by September 11, 2023. Late-filed comments will be considered to the extent practicable. ADDRESSES: Please submit your comments by only one of the following methods, identifying your submission by docket number FTA–2023–0009. All electronic submissions must be made to the U.S. Government electronic site at https://www.regulations.gov/. (1) Federal eRulemaking Portal: Go to https://www.regulations.gov/ and follow the online instructions for submitting comments. (2) Mail: Docket Management Facility: U.S. Department of Transportation, 1200 New Jersey Avenue SE., West Building, Ground Floor, Room W12–140, Washington, DC 20590–0001. (3) Hand Delivery or Courier: West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue SE, between 9 a.m. and 5 p.m. Eastern time, Monday through Friday, except Federal holidays. (4) Fax: 202–493–2251. Instructions: You must include the agency name (Federal Transit Administration) and Docket number (FTA–2023–0009) for this notice at the beginning of your comments. Submit two copies of your comments if you submit them by mail. For confirmation that FTA received your comments, include a self-addressed stamped postcard. Note that all comments received will be posted without change to https://www.regulations.gov/ including any personal information provided and will be available to internet users. For information on DOT’s compliance with the Privacy Act, please visit https:// www.transportation.gov/privacy. Docket: For access to the docket to read background documents and comments received, go to https:// www.regulations.gov/ at any time or to the U.S. Department of Transportation, 1200 New Jersey Ave. SE, Docket Operations, M–30, West Building Ground Floor, Room W12–140, Washington, DC 20590 between 9 a.m. and 5 p.m. Eastern Time, Monday through Friday, except Federal holidays. FOR FURTHER INFORMATION CONTACT: For program questions, Latrina Trotman, Office of Program Management, Federal Transit Administration, 1200 New Jersey Ave. SE, Room E46–301, Washington, DC 20590, phone: (202) 366–2328, or email, Latrina.Trotman@ dot.gov. For legal questions, Jerry Stenquist, Office of Chief Counsel, same address, Room E56–314, phone: (202) DATES: E:\FR\FM\12JYN1.SGM 12JYN1

Agencies

[Federal Register Volume 88, Number 132 (Wednesday, July 12, 2023)]
[Notices]
[Pages 44439-44440]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-14722]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2010-0203; FMCSA-2011-0089; FMCSA-2014-0213; FMCSA-
2015-0115; FMCSA-2016-0007; FMCSA-2018-0057; FMCSA-2019-0027]


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 seven 
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 June 10, 2023. The exemptions 
expire on June 10, 2025.

FOR FURTHER INFORMATION CONTACT: Ms. Christine A. Hydock, Chief, 
Medical Programs Division, FMCSA, DOT, 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 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-2010-0203, FMCSA-2011-0089, FMCSA-2014-0213, FMCSA-2015-
0115, FMCSA-2016-0007, FMCSA-2018-0057, or FMCSA-2019-0027) 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

[[Page 44440]]

https://www.transportation.gov/individuals/privacy/privacy-act-system-records-notices, the comments are searchable by the name of the 
submitter.

II. Background

    On May 1, 2023, FMCSA published a notice announcing its decision to 
renew exemptions for seven 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 (88 FR 
34916). The public comment period ended on June 30, 2023, 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 Sec.  391.41(b)(8).
    The physical qualification standard for drivers regarding epilepsy 
found in Sec.  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.
---------------------------------------------------------------------------

    \1\ These criteria may be found in Appendix A to Part 391--
Medical Advisory Criteria, section H. Epilepsy: Sec.  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.
---------------------------------------------------------------------------

III. Discussion of Comments

    FMCSA received no comments in this proceeding.

IV. Conclusion

    Based on its evaluation of the seven renewal exemption applications 
and comments received, FMCSA announces its decision to exempt the 
following drivers from the epilepsy and seizure disorders prohibition 
in Sec.  391.41(b)(8).
    As of June 10, 2023, 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 (88 FR 
34916):

John D. Archer (MO)
Brian Brown (PA)
Marvin Fender (CO)
Daniel Gast (KS)
Denton Hineline (WA)
Steve Hunsaker (ID)
Bryan R Jones (PA)

    The drivers were included in docket number FMCSA-2010-0203, FMCSA-
2011-0089, FMCSA-2014-0213, FMCSA-2015-0115, FMCSA-2016-0007, FMCSA-
2018-0057, or FMCSA-2019-0027. Their exemptions were applicable as of 
June 10, 2023 and will expire on June 10, 2025.
    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. 2023-14722 Filed 7-11-23; 8:45 am]
BILLING CODE 4910-EX-P
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