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. 

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 

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. 

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 

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, 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. 


ddrumheller on DSK120RN23PROD with NOTICES1
Federal Register / Vol. 88, No. 176 / Wednesday, September 13, 2023 / Notices 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-systemrecords-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 § 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 § 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) 

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 

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 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: 

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 


ddrumheller on DSK120RN23PROD with NOTICES1