Federal Register / Vol. 88, No. 246 / Tuesday, December 26, 2023 / Notices 89007 

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 

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 

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, 

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 


khammond on DSKJM1Z7X2PROD with NOTICES
89008 Federal Register / Vol. 88, No. 246 / Tuesday, December 26, 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. 

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. 

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. 

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 

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 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), Department 

of Transportation (DOT). 

ACTION: Notice of final disposition. 

SUMMARY: 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: 

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 (OlderNewer),’’ 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 


khammond on DSKJM1Z7X2PROD with NOTICES