Qualification of Drivers; Exemption Applications; Epilepsy and Seizure Disorders, 89007-89008 [2023-28398]

Download as PDF khammond on DSKJM1Z7X2PROD with NOTICES Federal Register / Vol. 88, No. 246 / Tuesday, December 26, 2023 / Notices Title: Fund Transfers to Other Agencies and Among Title 23 Programs. OMB Control #: 2125–0620. Background: The Infrastructure Investment and Jobs Act (IIJA), Public Law 117–58, continues the ability of States to transfer highway funds to other States and agencies and among programs/projects. These authorities are codified in sections 104 and 126 of title 23, United States Code, as amended by the IIJA. Transferability under the IIJA is generally similar to that allowed under previous authorization acts such as the Fixing America’s Surface Transportation (FAST) Act, Moving Ahead for Progress in the 21st Century Act (MAP–21), and the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA–LU). This notice establishes requirements for initiating the transfer of apportioned funds (funds distributed among States and programs by statutory formula) to carry out these provisions of law. The types of transfers affected by this notice are: a. Transfer of funds from a State to the FHWA pursuant to U.S.C. title 23, sec. 104(f)(3). b. Transfer of funds from a State to a Federal agency other than FHWA. c. Transfer of funds from a State to another State. d. Transfer of funds from FHWA to Federal Transit Administration pursuant to U.S.C. title 23, sec. 104(f)(1). e. Transfer of funds between programs pursuant to U.S.C. title 23, sec. 126; and, f. Transfer of funds between projects. The State initiating the fund transfer must fill out a FHWA Funds Transfer Request form. This form is either filled out manually via the currently approved paper-based transfer form (FHWA– 1575C) or electronically via the FHWA Funds Control Module in the Fiscal Management Information System (FMIS). The information required in the FMIS Funds Control Module is equivalent to the information required in the paper-based transfer form and over ninety percent of the transfers are now required to be submitted electronically. These transfers are routed electronically after State DOT approval, from the State DOT to the FHWA Division Office; after Division Office concurrence, from the Division Office to the FHWA Budget Office; and finally, the FHWA Budget Office processes the request. Automating in the FMIS Funds Control Module allowed the transfer request process to be streamlined by incorporating system validations to limit errors and by automating the flow of the approval process. Information required to fill out VerDate Sep<11>2014 20:25 Dec 22, 2023 Jkt 262001 a transfer form includes the requester’s contact information; a description of the program/project the transfer will come from and go to, the fiscal year, the program code, a demo ID or an urban area when applicable, and the amount to be transferred. Respondents: 50 State Transportation Departments, the District of Columbia, and Puerto Rico. Estimated Average Burden per Response: 15 minutes. Estimated Total Annual Burden Hours: It is estimated that a total of 2,000 responses will be received annually, which would equal a total annual burden of 500 hours. Public Comments Invited: You are asked to comment on any aspect of this information collection, including: (1) Whether the proposed collection is necessary for the FHWA’s performance; (2) the accuracy of the estimated burdens; (3) ways for the FHWA to enhance the quality, usefulness, and clarity of the collected information; and (4) ways that the burden could be minimized, including the use of electronic technology, without reducing the quality of the collected information. The agency will summarize and/or include your comments in the request for OMB’s clearance of this information collection. Authority: The Paperwork Reduction Act of 1995; 44 U.S.C. chapter 35, as amended; and 49 CFR 1.48. Issued on: December 19, 2023. Jazmyne Lewis, Information Collection Officer. [FR Doc. 2023–28321 Filed 12–22–23; 8:45 am] BILLING CODE 4910–22–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA–2008–0355; FMCSA– 2019–0031; FMCSA–2020–0047] 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: FMCSA announces its decision to renew exemptions for three 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 SUMMARY: PO 00000 Frm 00144 Fmt 4703 Sfmt 4703 89007 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 November 6, 2023. The exemptions expire on November 6, 2025. 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 numbers (FMCSA–2008–0355, FMCSA– 2019–0031, or FMCSA–2020–0047) 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 November 1, 2023, FMCSA published a notice announcing its decision to renew exemptions for three individuals from the epilepsy and seizure disorders prohibition in 49 CFR E:\FR\FM\26DEN1.SGM 26DEN1 89008 Federal Register / Vol. 88, No. 246 / Tuesday, December 26, 2023 / Notices 391.41(b)(8) to operate a CMV in interstate commerce and requested comments from the public (88 FR 75091). The public comment period ended on December 1, 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. khammond on DSKJM1Z7X2PROD with NOTICES III. Discussion of Comments FMCSA received no comments in this proceeding. IV. Conclusion Based on its evaluation of the three renewal exemption applications FMCSA announces its decision to exempt the following drivers from the epilepsy and seizure disorders prohibition in § 391.41(b)(8). As of December 1, 2023, and in accordance with 49 U.S.C. 31136(e) and 31315(b), the following three 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 74560): Brian Bommer (OH); David Kietzman (WI); and Jerel Sayers (ID). The drivers were included in docket number FMCSA–2008–0355, FMCSA–2019–0031, or FMCSA– 2020–0047. Their exemptions were applicable as of November 6, 2023 and will expire on November 6, 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 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 20:25 Dec 22, 2023 Jkt 262001 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. 2023–28398 Filed 12–22–23; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA–2023–0038] 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: FMCSA announces its decision to exempt 17 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 operate CMVs in interstate commerce. DATES: The exemptions were applicable on December 5, 2023. The exemptions expire on December 5, 2025. 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: SUMMARY: I. Public Participation A. Viewing Comments To view comments go to www.regulations.gov. Insert the docket number, (FMCSA–2023–0038) in the keyword box and click ‘‘Search.’’ Next, sort the results by ‘‘Posted (Older- PO 00000 Frm 00145 Fmt 4703 Sfmt 4703 Newer),’’ 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 requests. 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 October 31, 2023, FMCSA published a notice announcing receipt of applications from 17 individuals requesting an exemption from the epilepsy and seizure disorders prohibition in 49 CFR 391.41(b)(8) and requested comments from the public (88 FR 74557). The public comment period ended on November 30, 2023, and no comments were received. FMCSA has evaluated the eligibility of these applicants and determined that granting exemptions to these individuals 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 (MEs) in determining whether drivers with certain medical conditions are qualified 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. E:\FR\FM\26DEN1.SGM 26DEN1

Agencies

[Federal Register Volume 88, Number 246 (Tuesday, December 26, 2023)]
[Notices]
[Pages 89007-89008]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-28398]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2008-0355; FMCSA-2019-0031; FMCSA-2020-0047]


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 three 
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 November 6, 2023. The 
exemptions expire on November 6, 2025.

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, [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 
numbers (FMCSA-2008-0355, FMCSA-2019-0031, or FMCSA-2020-0047) 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

    On November 1, 2023, FMCSA published a notice announcing its 
decision to renew exemptions for three individuals from the epilepsy 
and seizure disorders prohibition in 49 CFR

[[Page 89008]]

391.41(b)(8) to operate a CMV in interstate commerce and requested 
comments from the public (88 FR 75091). The public comment period ended 
on December 1, 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 three renewal exemption applications 
FMCSA announces its decision to exempt the following drivers from the 
epilepsy and seizure disorders prohibition in Sec.  391.41(b)(8).
    As of December 1, 2023, and in accordance with 49 U.S.C. 31136(e) 
and 31315(b), the following three 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 74560):
    Brian Bommer (OH); David Kietzman (WI); and Jerel Sayers (ID).
    The drivers were included in docket number FMCSA-2008-0355,
    FMCSA-2019-0031, or FMCSA-2020-0047. Their exemptions were 
applicable as of November 6, 2023 and will expire on November 6, 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. 2023-28398 Filed 12-22-23; 8:45 am]
BILLING CODE 4910-EX-P
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