74562 Federal Register / Vol. 88, No. 209 / Tuesday, October 31, 2023 / Notices 

1These 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. 

I. Public Participation 

A. Viewing Comments 

To view comments, go to 

www.regulations.gov. Insert the docket 

number (FMCSA–2012–0050, FMCSA– 

2014–0381, FMCSA–2015–0119, 

FMCSA–2019–0028, or FMCSA–2019– 

0031) 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 September 6, 2023, FMCSA 

published a notice announcing its 

decision to renew exemptions for six 

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 

60734). The public comment period 

ended on October 5, 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. 

III. Discussion of Comments 

FMCSA received no comments in this 

proceeding. 

IV. Conclusion 

Based on its evaluation of the six 

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 September 30, 2023, and in 

accordance with 49 U.S.C. 31136(e) and 

31315(b), the following six 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 60734): 

Ronald Boogay (NJ) 

Todd Brock (CO) 

Gary Cox (OR) 

Tina Farmer (PA) 

Marion Franklin Legg, Jr. (MD) 

William Rainer, III (TX) 

The drivers were included in docket 

number FMCSA–2012–0050, FMCSA– 

2014–0381, FMCSA–2015–0119, 

FMCSA–2019–0028, or FMCSA–2019– 

0031. Their exemptions were applicable 

as of September 30, 2023 and will 

expire on September 30, 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. 2023–23968 Filed 10–30–23; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Railroad Administration 

[Docket No. FRA–2010–0036] 

Southeastern Pennsylvania 

Transportation Authority’s Request To 

Amend Its Positive Train Control 

System 

AGENCY: Federal Railroad 

Administration (FRA), Department of 

Transportation (DOT). 

ACTION: Notice of availability and 

request for comments. 

SUMMARY: This document provides the 

public with notice that, on October 20, 

2023, the Southeastern Pennsylvania 

Transportation Authority (SEPTA) 

submitted a request for amendment 

(RFA) to its FRA-certified positive train 

control (PTC) system. FRA is publishing 

this notice and inviting public comment 

on the railroad’s RFA to its PTC system. 

DATES: FRA will consider comments 

received by November 20, 2023. FRA 

may consider comments received after 

that date to the extent practicable and 

without delaying implementation of 

valuable or necessary modifications to a 

PTC system. 

ADDRESSES: 

Comments: Comments may be 

submitted by going to https://

www.regulations.gov and following the 

online instructions for submitting 

comments. 

Instructions: All submissions must 

include the agency name and the 

applicable docket number. The relevant 

PTC docket number for this host 

railroad is Docket No. FRA–2010–0036. 

For convenience, all active PTC dockets 

are hyperlinked on FRA’s website at 

https://railroads.dot.gov/researchdevelopment/program-areas/traincontrol/ptc/railroads-ptc-dockets. All 

comments received will be posted 

without change to https://

www.regulations.gov; this includes any 

personal information. 

FOR FURTHER INFORMATION CONTACT: 

Gabe Neal, Staff Director, Signal, Train 

Control, and Crossings Division, 

telephone: 816–516–7168, email: 

Gabe.Neal@dot.gov. 

SUPPLEMENTARY INFORMATION: In general, 

title 49 United States Code (U.S.C.) 

section 20157(h) requires FRA to certify 

that a host railroad’s PTC system 

complies with title 49 Code of Federal 

Regulations (CFR) part 236, subpart I, 

before the technology may be operated 

in revenue service. Before making 

certain changes to an FRA-certified PTC 

system or the associated FRA-approved 

PTC Safety Plan (PTCSP), a host railroad 


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Federal Register / Vol. 88, No. 209 / Tuesday, October 31, 2023 / Notices 74563 

must submit, and obtain FRA’s approval 

of, an RFA to its PTC system or PTCSP 

under 49 CFR 236.1021. 

Under 49 CFR 236.1021(e), FRA’s 

regulations provide that FRA will 

publish a notice in the Federal Register 

and invite public comment in 

accordance with 49 CFR part 211, if an 

RFA includes a request for approval of 

a material modification of a signal or 

train control system. Accordingly, this 

notice informs the public that, on 

October 20, 2023, SEPTA submitted an 

RFA to its PTCSP for its Interoperable 

Electronic Train Management System 

(I–ETMS), which seeks FRA’s approval 

for a two- to three-hour outage to 

support SEPTA’s PTC Back Office 

Subsystem upgrade. That RFA is 

available in Docket No. FRA–2010– 

0036. Interested parties are invited to 

comment on SEPTA’s RFA by 

submitting written comments or data. 

During FRA’s review of this railroad’s 

RFA, FRA will consider any comments 

or data submitted within the timeline 

specified in this notice and to the extent 

practicable, without delaying 

implementation of valuable or necessary 

modifications to a PTC system. See 49 

CFR 236.1021; see also 49 CFR 

236.1011(e). Under 49 CFR 236.1021, 

FRA maintains the authority to approve, 

approve with conditions, or deny a 

railroad’s RFA at FRA’s sole discretion. 

Privacy Act Notice 

In accordance with 49 CFR 211.3, 

FRA solicits comments from the public 

to better inform its decisions. DOT posts 

these comments, without edit, including 

any personal information the 

commenter provides, to https://

www.regulations.gov, as described in 

the system of records notice (DOT/ALL– 

14 FDMS), which can be reviewed at 

https://www.transportation.gov/privacy. 

See https://www.regulations.gov/ 

privacy-notice for the privacy notice of 

regulations.gov. To facilitate comment 

tracking, we encourage commenters to 

provide their name, or the name of their 

organization; however, submission of 

names is completely optional. If you 

wish to provide comments containing 

proprietary or confidential information, 

please contact FRA for alternate 

submission instructions. 

Issued in Washington, DC. 

Carolyn R. Hayward-Williams, 

Director, Office of Railroad Systems and 

Technology. 

[FR Doc. 2023–24013 Filed 10–30–23; 8:45 am] 

BILLING CODE 4910–06–P 

DEPARTMENT OF TRANSPORTATION 

Federal Transit Administration 

[Docket No. FTA–2022–0029] 

Interim Asset Disposition Guidance 

AGENCY: Federal Transit Administration 

(FTA), Department of Transportation 

(DOT). 

ACTION: Interim Guidance and response 

to public comments. 

SUMMARY: The Federal Transit 

Administration (FTA) hereby 

establishes Interim Guidance to provide 

clarity on an asset disposition option 

under the National Defense 

Authorization Act (NDAA) for Fiscal 

Year 2022. Under the new provision, 

FTA may authorize the transfer of real 

property acquired or improved with 

Federal assistance, but no longer needed 

for the originally authorized purpose, to 

a local governmental authority, 

nonprofit organization, or other thirdparty entity if certain statutory criteria 

are met. 

DATES: The effective date of this Interim 

Guidance is October 31, 2023. 

ADDRESSES: One may access this interim 

guidance and public comments on the 

proposed guidance at docket number 

FTA–2022–0029. For access to the 

docket, please visit https://

www.regulations.gov or the Docket 

Operations office located in the West 

Building of the United States 

Department of Transportation, Room 

W12–140, 1200 New Jersey Avenue SE, 

Washington, DC 20590, between 9 a.m. 

and 5 p.m. Monday through Friday, 

except Federal holidays. 

FOR FURTHER INFORMATION CONTACT: For 

policy guidance questions, contact 

Maggie Schilling, Office of Budget and 

Policy, Federal Transit Administration, 

1200 New Jersey Ave. SE, Room E52– 

315, Washington, DC 20590, phone: 

202–366–1487, or email 

margaret.schilling@dot.gov. For legal 

questions, contact Kathryn Loster at 

(202) 360–2322 or email kathryn.loster@

dot.gov. 

SUPPLEMENTARY INFORMATION: 

I. Introduction 

This guidance explains changes made 

to 49 U.S.C. 5334(h)(1) by the National 

Defense Authorization Act (NDAA) for 

Fiscal Year 2022 (Pub. L. 117–81). 

Specifically, section 6609 of the NDAA 

added a new disposition option for real 

property acquired or improved with 

Federal assistance that are no longer 

needed for the originally authorized 

purpose. Under the new provision, FTA 

may authorize the transfer of property to 

a local government authority, nonprofit 

organization, or other third-party entity 

if, among other criteria enumerated in 

the law, it will be used for transitoriented development and include 

affordable housing. 

FTA published a notice of availability 

of the proposed asset disposition 

guidance and request for comments on 

March 15, 2023 (88 FR 16076), and the 

comment period ended April 14, 2023. 

This notice provides a summary of the 

comments received, responses and 

guidance clarifications from FTA, and 

the publication of the interim guidance 

in the form of FAQs, which is available 

on the agency’s public website at 

https://www.transit.dot.gov/funding/ 

funding-finance-resources/interimasset-disposition-guidance. 

II. Response to Public Comments 

FTA received comments from five 

respondents on its Proposed Asset 

Disposition Guidance. The commenters 

represent transit agencies and industry 

stakeholders, including the American 

Public Transportation Association, 

Sound Transit, and the Local Initiatives 

Support Corporation. In this section, 

FTA responds to public comments in 

the following topical order: (A) General 

Comments; (B) Eligibility; (C) Review 

and Approval Process; (D) Affordable 

Housing Requirements; (E) Monitoring 

Requirements; (F) Other Requirements; 

and (G) Categorization of Special 

Purpose Entities. One commenter raised 

issues that are outside the scope of the 

Proposed Guidance and Legislative 

Authority, and FTA does not address 

those concerns in this Interim Guidance. 

A. General Comments 

i. Two commenters expressed support 

for the legislative change, which 

provides this additional asset 

disposition option, and the benefit this 

will have on Transit Oriented 

Development and affordable housing. 

One comment notes this guidance is 

helpful and constructive. 

FTA Response: FTA appreciates these 

comments and the transit agency and 

industry stakeholder support for 

affordable housing. 

B. Eligibility 

i. One commenter requested clarity on 

whether provisions apply to real 

property that was either acquired or 

improved with FTA assistance. For 

example, those improved as part of an 

FTA-assisted project, even if it was 

originally acquired with non-federal 

funds. 

ii. One commenter requested clarity 

on whether provisions in question apply 

to projects whose Federal funding 


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