Qualification of Drivers; Exemption Applications; Epilepsy and Seizure Disorders, 62882-62883 [2023-19755]
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62882
Federal Register / Vol. 88, No. 176 / Wednesday, September 13, 2023 / Notices
determined ADOT had not completed formal
legal sufficiency reviews of assigned
environmental documents during the audit
period. Currently, ADOT retains the services
of two AAGs for NEPA Assignment reviews
and related matters. The assigned AAGs have
received formal and informal training in
environmental law matters.
Successful Practice #7
Through the interviews, the audit team
learned ADOT seeks to involve its lawyers
early in the environmental review phase,
with AAGs participating in project
coordination team meetings and reviews of
early drafts of environmental documents. The
AAGs will provide legal guidance at any time
ADOT requests it throughout the project
development process. For formal legal
sufficiency reviews, the process includes a
submittal package containing a request for
legal sufficiency review. A letter finding of
legal sufficiency would be included in the
project file.
Training
The audit team reviewed ADOT’s 2021
Training Plan and ADOT’s PAIR responses
pertaining to its training program. The ADOT
continues to maintain a strong training
program by providing training opportunities
to staff and dedicating time, effort, and
resources toward its training program. To
further support the training program, ADOT
EP employs a dedicated training coordinator
within the environmental section.
Successful Practice #8
During staff interviews, the audit team
learned that the staff provides input on the
training plan and that program managers
meet quarterly to discuss training needs. Staff
remarked on the availability of training
offered to them and considered this to be a
benefit to ADOT’s NEPA Assignment
Program. The audit team commends ADOT
for adjusting to a virtual environment and
offering online training opportunities for
staff.
ddrumheller on DSK120RN23PROD with NOTICES1
Status of Observations From the Audit #1
Report
This section describes the actions ADOT
has taken (or is taking) in response to
observations made during the first audit.
Non-Compliance Observation #1: Incomplete
Project Files Submission
During Audit #1, ADOT submitted
incomplete project files to FHWA by not
uploading all files requested by FHWA to the
file sharing website. For Audit #2, ADOT
provided FHWA direct access to the project
files requested for the project file review. The
ADOT has stated it intends to continue to
utilize this method for sharing files with
FHWA. The ADOT also indicated it will
continue to identify improvements in
technology to increase efficiencies in file
sharing. The FHWA appreciates ADOT’s
efforts towards increasing the transparency
and communication during the audit process,
and better utilizing available technologies.
Non-Compliance Observation #2: ProjectLevel Conformity Compliance Issues
During Audit #1, the audit team found that
ADOT’s protocols do not provide for the
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17:37 Sep 12, 2023
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appropriate consultation, coordination, and
communication with FHWA and other
agencies to ensure the projects meet the
project-level conformity requirements where
required. The audit team found
documentation for two projects showing that
ADOT staff did not coordinate with FHWA
on the application of conformity
requirements and found multiple projects
that did not demonstrate ADOT’s compliance
with interagency consultation requirements
(per 40 CFR 93.105). As part of Audit #2, the
audit team learned that ADOT has made
progress toward addressing these issues. The
ADOT and FHWA established a joint
working group that resulted in developing
draft coordination procedures and
identifying increased communication
methods, including monthly coordination
meetings. During the file review for Audit #2,
the audit team identified additional
inconsistencies in the project files as
described in the observations above. The
FHWA recognizes ADOT’s efforts toward
improving its procedures and will continue
to evaluate this area in subsequent audits.
Observation #1: Use of the Federal
Infrastructure Permitting Dashboard
The ADOT is responsible for inputting
project information for assigned projects into
the Federal Infrastructure Permitting
Dashboard, per MOU Section 8.5.1 and in
accordance with the Federal Permitting
Dashboard Reporting Standard. During Audit
#1, the audit team found that the dashboard
did not include information for any of the
applicable projects assigned to ADOT. The
ADOT has since obtained access to the
dashboard, designated staff responsible for
entering project data, and has updated the
dashboard with relevant project information.
Observation #2: Inconsistencies and
Deficiencies Based on the Review of Project
File Documentation
After completing the project file review for
Audit #1, the audit team identified several
procedural deficiencies relating to the MOU,
ADOT’s procedures, and FHWA’s
regulations, policies, and guidance. To
address this issue, ADOT has developed
standard templates (forms, checklists) to
increase consistency in project file
documentation and has informed staff of
documentation requirements. The audit team
identified additional procedural deficiencies
during Audit #2 as identified in the
observations described above. The FHWA
recognizes ADOT’s efforts toward improving
its procedures and will continue to evaluate
this area in subsequent audits.
Observation #3: Incomplete Development
and Implementation of Performance
Measures
During Audit #1, the audit team reviewed
ADOT’s development and implementation of
performance measures to evaluate their
program as required in the MOU (Part
10.2.1). The Self-Assessment Report did not
include reporting data for any of the
performance measures. Due to the lack of
performance measure data, the audit team
determined that ADOT had not fully
established and initiated data collection as it
relates to performance metrics per the MOU.
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Fmt 4703
Sfmt 4703
For Audit #2, the audit team reviewed
ADOT’s performance measures and reporting
data submitted for the review period. The
ADOT has made progress toward developing
and implementing its performance measures,
though FHWA continues to identify this
program objective as an area of concern,
described in the observations above, and will
continue to evaluate this area in subsequent
audits.
Response to Public Comments on the Draft
Report and the Final Report
The FHWA received one comment
applicable to the draft audit report, pursuant
to 23 U.S.C. 327(g)(2). The American Road &
Transportation Builders Association
(ARTBA) commented that they are in general
support of ADOT’s implementation of the
NEPA Assignment Program to accelerate
Federal-aid highway program and project
delivery in Arizona. The FHWA appreciates
ARTBA’s input.
After reviewing the public comments,
FHWA determined that there is no need to
revise the draft audit report. Therefore,
FHWA is finalizing ADOT’s second NEPA
Assignment audit report with this Federal
Register notice.
[FR Doc. 2023–19704 Filed 9–12–23; 8:45 am]
BILLING CODE 4910–22–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2023–0037]
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 32
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, 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.
SUMMARY:
E:\FR\FM\13SEN1.SGM
13SEN1
Federal Register / Vol. 88, No. 176 / Wednesday, September 13, 2023 / Notices
SUPPLEMENTARY INFORMATION:
I. Public Participation
A. Comments
To view comments go to
www.regulations.gov. Insert the docket
number (FMCSA–2023–0037) in the
keyword box, and click ‘‘Search.’’ Next,
choose the only 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.
ddrumheller on DSK120RN23PROD with NOTICES1
II. Background
FMCSA received applications from 32
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
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-
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17:37 Sep 12, 2023
Jkt 259001
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 § 391.41(b)(8).
Therefore, the 32 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 32 applicants do not
meet the minimum time requirement for
being seizure-free, either on or off of
anti-seizure medication:
Domingo Alcantar (TX)
Scott Anderson (SC)
Jesse Bailey (CO)
Lennie Beaudoin (NH)
Ricky Bloesser (KS)
Zarie Bowman (NJ)
Tarrah Bubenik (CA)
Fedor Bulat (WI)
Jack Butler (FL)
Austin Clark (SC)
Blake Derosier (MN)
Elisa Diaz (CO)
Jose Diaz Bartolo (CA)
Paul Fuge (PA)
Walter Grayer (AL)
Mark Hejl (TX)
Morgan Janisse (ID)
Stephen Johnson (MO)
Michael Karnatz (WI)
Phillip Knight (TX)
William London (CA)
Jerry Martin (OH)
Alan Murry (NE)
Naomi Nordman (CA)
Coltan Peterson (MN)
Kalob Rickards (DE)
James Roark (NM)
Richard Sievers (WI)
Jeremy Steele (DE)
Hunter Stetz (NH)
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Sfmt 4703
62883
Edward Stuart (PA)
Ethan Vandehey (WI)
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2023–19755 Filed 9–12–23; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2012–0154; FMCSA–
2013–0124; FMCSA–2014–0385; FMCSA–
2016–0002; FMCSA–2018–0138, FMCSA–
2020–0027]
Qualification of Drivers; Exemption
Applications; Hearing
Federal Motor Carrier Safety
Administration (FMCSA), Department
of Transportation (DOT).
ACTION: Notice of final disposition.
AGENCY:
FMCSA announces its
decision to renew exemptions for seven
individuals from the hearing
requirement in the Federal Motor
Carrier Safety Regulations (FMCSRs) for
interstate commercial motor vehicle
(CMV) drivers. The exemptions enable
these hard of hearing and deaf
individuals to continue to operate CMVs
in interstate commerce.
DATES: The exemptions were applicable
on August 13, 2023. The exemptions
expire on August 13, 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 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–2012–0154, FMCSA–
2013–0124, FMCSA–2014–0385,
FMCSA–2016–0002, FMCSA–2018–
0138, or FMCSA–2020–0027) 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
E:\FR\FM\13SEN1.SGM
13SEN1
]]>Agencies
[Federal Register Volume 88, Number 176 (Wednesday, September 13, 2023)]
[Notices]
[Pages 62882-62883]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-19755]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2023-0037]
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 32
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, 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.
[[Page 62883]]
SUPPLEMENTARY INFORMATION:
I. Public Participation
A. Comments
To view comments go to www.regulations.gov. Insert the docket
number (FMCSA-2023-0037) in the keyword box, and click ``Search.''
Next, choose the only 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 32 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 32 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 32 applicants do not meet the minimum time
requirement for being seizure-free, either on or off of anti-seizure
medication:
Domingo Alcantar (TX)
Scott Anderson (SC)
Jesse Bailey (CO)
Lennie Beaudoin (NH)
Ricky Bloesser (KS)
Zarie Bowman (NJ)
Tarrah Bubenik (CA)
Fedor Bulat (WI)
Jack Butler (FL)
Austin Clark (SC)
Blake Derosier (MN)
Elisa Diaz (CO)
Jose Diaz Bartolo (CA)
Paul Fuge (PA)
Walter Grayer (AL)
Mark Hejl (TX)
Morgan Janisse (ID)
Stephen Johnson (MO)
Michael Karnatz (WI)
Phillip Knight (TX)
William London (CA)
Jerry Martin (OH)
Alan Murry (NE)
Naomi Nordman (CA)
Coltan Peterson (MN)
Kalob Rickards (DE)
James Roark (NM)
Richard Sievers (WI)
Jeremy Steele (DE)
Hunter Stetz (NH)
Edward Stuart (PA)
Ethan Vandehey (WI)
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2023-19755 Filed 9-12-23; 8:45 am]
BILLING CODE 4910-EX-P
