Federal Register / Vol. 89, No. 9 / Friday, January 12, 2024 / Proposed Rules 2195 

MDE, if the public entity uses at least 

one examination table; and 

(2) At least one weight scale that

meets the Standards for Accessible 

MDE, if the public entity uses at least 

one weight scale. 

(d) Equivalent facilitation. Nothing in

these requirements prevents the use of 

designs, products, or technologies as 

alternatives to those prescribed by the 

Standards for Accessible MDE, provided 

they result in substantially equivalent or 

greater accessibility and usability of the 

health care service, program, or activity. 

The responsibility for demonstrating 

equivalent facilitation rests with the 

public entity. 

(e) Fundamental alteration and undue

burdens. This section does not require 

a public entity to take any action that it 

can demonstrate would result in a 

fundamental alteration in the nature of 

a service, program, or activity, or in 

undue financial and administrative 

burdens. In those circumstances where 

personnel of the public entity believe 

that the proposed action would 

fundamentally alter the service, 

program, or activity or would result in 

undue financial and administrative 

burdens, a public entity has the burden 

of proving that compliance with 

paragraph (a) or (c) of this section would 

result in such alteration or burdens. The 

decision that compliance would result 

in such alteration or burdens must be 

made by the head of a public entity or 

their designee after considering all 

resources available for use in the 

funding and operation of the service, 

program, or activity, and must be 

accompanied by a written statement of 

the reasons for reaching that conclusion. 

If an action would result in such an 

alteration or such burdens, a public 

entity shall take any other action that 

would not result in such an alteration or 

such burdens but would nevertheless 

ensure that individuals with disabilities 

receive the benefits or services provided 

by the public entity. 

(f) Diagnostically required structural

or operational characteristics. A public 

entity meets its burden of proving that 

compliance with paragraph (a) or (c) of 

this section would result in a 

fundamental alteration under paragraph 

(e) if it demonstrates that compliance

with paragraph (a) or (c) of this section

would alter diagnostically required

structural or operational characteristics

of the equipment and prevent the use of

the equipment for its intended

diagnostic purpose. This paragraph does

not excuse compliance with other

technical requirements where

compliance with those requirements

does not prevent the use of the

equipment for its diagnostic purpose.

§ 35.212 Existing medical diagnostic

equipment.

(a) Accessibility. A public entity shall

operate each service, program, or 

activity offered through or with the use 

of MDE so that the service, program, or 

activity, in its entirety, is readily 

accessible to and usable by individuals 

with disabilities. This paragraph does 

not— 

(1) Necessarily require a public entity

to make each of its existing pieces of 

MDE accessible to and usable by 

individuals with disabilities; or 

(2) Require a public entity to take any

action that it can demonstrate would 

result in a fundamental alteration in the 

nature of a service, program, or activity, 

or in undue financial and administrative 

burdens. In those circumstances where 

personnel of the public entity believe 

that the proposed action would 

fundamentally alter the service, 

program, or activity or would result in 

undue financial and administrative 

burdens, a public entity has the burden 

of proving that compliance with 

§ 35.212(a) of this part would result in

such alteration or burdens. The decision

that compliance would result in such

alteration or burdens must be made by

the head of a public entity or their

designee after considering all resources

available for use in the funding and

operation of the service, program, or

activity, and must be accompanied by a

written statement of the reasons for

reaching that conclusion. If an action

would result in such an alteration or

such burdens, a public entity shall take

any other action that would not result

in such an alteration or such burdens

but would nevertheless ensure that

individuals with disabilities receive the

benefits or services, programs, and

activities provided by the public entity.

(3) A public entity meets its burden of

proving that compliance with 

§ 35.211(a) or (c) of this part would

result in a fundamental alteration under 

paragraph (a)(2) if it demonstrates that 

compliance with § 35.211(a) or (c) of 

this part would alter diagnostically 

required structural or operational 

characteristics of the equipment and 

prevent the use of the equipment for its 

intended diagnostic purpose. 

(b) Methods. A public entity may

comply with the requirements of this 

section through such means as 

reassignment of services to alternate 

accessible locations; home visits; 

delivery of services at alternate 

accessible sites; purchase, lease, or other 

acquisition of accessible MDE; or any 

other methods that result in making its 

services, programs, or activities readily 

accessible to and usable by individuals 

with disabilities. A public entity is not 

required to purchase, lease, or otherwise 

acquire accessible MDE where other 

methods are effective in achieving 

compliance with this section. In 

choosing among available methods for 

meeting the requirements of this 

section, a public entity shall give 

priority to those methods that offer 

services, programs, and activities to 

qualified individuals with disabilities in 

the most integrated setting appropriate. 

§ 35.213 Qualified staff.

Public entities must ensure their staff

are able to successfully operate 

accessible MDE, assist with transfers 

and positioning of individuals with 

disabilities, and carry out the program 

access obligation regarding existing 

MDE. 

§§ 35.214–35.219 [Reserved]

Dated: January 8, 2024.

Merrick B. Garland, 

Attorney General. 

[FR Doc. 2024–00553 Filed 1–11–24; 8:45 am] 

BILLING CODE P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

49 CFR Parts 350, 365, 385, 386, 387, 

and 395 

[Docket No. FMCSA–2022–0003] 

RIN 2126–AC52 

Safety Fitness Determinations 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), Department 

of Transportation (DOT). 

ACTION: Notice of data availability; 

request for comments. 

SUMMARY: This notice of data 

availability (NODA) is to alert 

stakeholders and members of the public 

about information that FMCSA believes 

may be relevant to this proceeding. This 

NODA identifies information the 

Agency has become aware of and 

provides an opportunity for public 

comment. The Agency may consider 

this information in preparation for 

further regulatory action following an 

advance notice of proposed rulemaking 

(ANPRM). 

DATES: Comments must be received by 

February 12, 2024. 

ADDRESSES: You may submit comments 

identified by Docket Number FMCSA– 

2022–0003 using any of the following 

methods: 

• Federal eRulemaking Portal: Go to

https://www.regulations.gov/docket/ 


khammond on DSKJM1Z7X2PROD with PROPOSALS
2196 Federal Register / Vol. 89, No. 9 / Friday, January 12, 2024 / Proposed Rules 

FMCSA-2022-0003/document. Follow 

the online instructions for submitting 

comments. 

• Mail: Dockets Operations, U.S.

Department of Transportation, 1200 

New Jersey Avenue SE, West Building, 

Ground Floor, Washington, DC 20590– 

0001. 

• Hand Delivery or Courier: Dockets

Operations, U.S. Department of 

Transportation, 1200 New Jersey 

Avenue SE, West Building, Ground 

Floor, Washington, DC 20590–0001, 

between 9 a.m. and 5 p.m., 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. 

• Fax: (202) 493–2251. To avoid

duplication, please use only one of 

these four methods. See the ‘‘Public 

Participation and Request for 

Comments’’ portion of the 

SUPPLEMENTARY INFORMATION section for 

instructions on submitting comments. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Stacy Ropp, (609) 661–2062, 

SafetyFitnessDetermination@dot.gov. 

FMCSA office hours are from 7:30 a.m. 

to 4 p.m., Monday through Friday, 

except Federal holidays. If you have 

questions on viewing or submitting 

material to the docket, call Dockets 

Operations at (202) 366–9826. 

SUPPLEMENTARY INFORMATION: 

I. Public Participation and Request for

Comments

A. Submitting Comments

If you submit a comment, please

include the docket number for this 

proceeding (FMCSA–2022–0003), 

indicate the specific section of this 

document to which your comment 

applies, and provide a reason for each 

suggestion or recommendation. You 

may submit your comments and 

material online or by fax, mail, or hand 

delivery, but please use only one of 

these means. FMCSA recommends that 

you include your name and a mailing 

address, an email address, or a phone 

number in the body of your document 

so FMCSA can contact you if there are 

questions regarding your submission. To 

submit your comment online, go to 

https://www.regulations.gov/docket/ 

FMCSA-2022-0003/document, click on 

this NODA, click ‘‘Comment,’’ and type 

your comment into the text box on the 

following screen. If you submit your 

comments by mail or hand delivery, 

submit them in an unbound format, no 

larger than 81⁄2 by 11 inches, suitable for 

copying and electronic filing. 

FMCSA will consider all comments 

and material received during the 

comment period. 

Confidential Business Information (CBI) 

CBI is commercial or financial 

information that is both customarily and 

actually treated as private by its owner. 

Under the Freedom of Information Act 

(5 U.S.C. 552), CBI is exempt from 

public disclosure. If your comments 

responsive to the NODA contain 

commercial or financial information 

that is customarily treated as private, 

that you actually treat as private, and 

that is relevant or responsive to the 

NODA, it is important that you clearly 

designate the submitted comments as 

CBI. Please mark each page of your 

submission that constitutes CBI as 

‘‘PROPIN’’ to indicate it contains 

proprietary information. FMCSA will 

treat such marked submissions as 

confidential under the Freedom of 

Information Act, and they will not be 

placed in the public docket of the 

proceeding. Submissions containing CBI 

should be sent to Mr. Brian Dahlin, 

Chief, Regulatory Evaluation Division, 

Office of Policy, FMCSA, 1200 New 

Jersey Avenue SE, Washington, DC 

20590–0001 or via email at 

brian.g.dahlin@dot.gov. At this time, 

you need not send a duplicate hardcopy 

of your electronic CBI submissions to 

FMCSA headquarters. Any comments 

FMCSA receives not specifically 

designated as CBI will be placed in the 

public docket for this rulemaking. 

B. Viewing Comments and Documents

To view any documents mentioned as

being available in the docket, go to 

https://www.regulations.gov/docket/ 

FMCSA-2022-0003/document and 

choose the document to review. To view 

comments, click this notice, then 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., 

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.

C. Privacy

In accordance with 5 U.S.C. 553(c),

DOT solicits comments from the public 

to better inform its regulatory process. 

DOT posts these comments, 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 (FDMS)), which can be reviewed 

at www.transportation.gov/privacy. The 

comments are posted without edit and 

are searchable by the name of the 

submitter. 

II. Background

FMCSA published an ANPRM in this

proceeding stating the Agency was 

interested in developing a new 

methodology to determine when a 

motor carrier is not fit to operate 

commercial motor vehicles (CMVs) in or 

affecting interstate commerce (Safety 

Fitness Determinations, 88 FR 59489 

(Aug. 29, 2023)). The original deadline 

for submitting comments in response to 

the ANPRM was extended from October 

30, 2023, to November 29, 2023 (88 FR 

72727 (Oct. 23, 2023)). The background 

and history of the procedures and 

standards for safety fitness 

determinations, as well as the legal basis 

for such determinations, were set out in 

detail in the ANPRM (88 FR at 59489– 

59493). 

III. What information is available?

The following reports and studies

provide information that FMCSA may 

consider in responding to the public 

comments on the issues raised and 

questions posed in the ANPRM and in 

the context of further regulatory action. 

The list also provides links for the 

source of these items. 

The following material is available on 

the internet at the locations specified 

below and in the docket for this 

rulemaking: 

Bell, Jennifer L., et al. (2017). 

‘‘Evaluation of an in-vehicle monitoring 

system (IVMS) to reduce risky driving 

behaviors in commercial drivers: 

Comparison of in-cab warning lights 

and supervisory coaching with videos of 

driving behavior.’’ Journal of Safety 

Research. 60: 125–136, https://www.

ncbi.nlm.nih.gov/pmc/articles/ 

PMC5427714/. 

Cai, Maio, et al. (2021). ‘‘The 

association between crashes and safetycritical events: Synthesized evidence 

from crash reports and naturalistic 

driving data among commercial truck 

drivers.’’ Transportation Research Part 

C: Emerging Technologies. 126: 103016, 

https://doi.org/10.1016/ 

j.trc.2021.103016.

Chen, Guang Xiang (2008). ‘‘Impact of

federal compliance reviews of trucking 

companies in reducing highway truck 

crashes.’’ Accident Analysis & 

Prevention. 40: 238–245, https://doi.org/ 

10.1016/j.aap.2007.06.002. 

Cicchino, Jessica B. (2017). 

‘‘Effectiveness of forward collision 

warning and autonomous emergency 

braking systems in reducing front-torear crash rates.’’ Accident Analysis & 


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Federal Register / Vol. 89, No. 9 / Friday, January 12, 2024 / Proposed Rules 2197 

Prevention. 99 (Pt A): 142–152, https:// 

dx.doi.org/10.1016/j.aap.2016.11.009. 

Lotan, Tsippy and Toledo, Tomer 

(2006). ‘‘In-vehicle data recorder for 

evaluation of driving behavior and 

safety.’’ Transportation Research 

Record: Journal of the Transportation 

Research Board. 1953: 112–119, https:// 

journals.sagepub.com/doi/pdf/10.1177/ 

0361198106195300113. 

NHTSA (2023). 2021 FARS/CRSS 

coding and validation manual. Report 

No. DOT HS 813 426. DOT, National 

Highway Traffic Safety Administration, 

https://crashstats.nhtsa.dot.gov/Api/ 

Public/ViewPublication/813426. 

IV. What is FMCSA taking comment on 

and what supporting documentation do 

I need to include in my comments? 

FMCSA has become aware of the 

reports and studies listed above. The 

Agency will be considering whether any 

material information contained in these 

reports and studies may be relied upon 

by the Agency in developing a proposed 

or final rule. This NODA is necessary to 

disclose such possible reliance and to 

provide the interested public an 

opportunity to comment on the 

accuracy and relevance of the 

information (49 CFR 5.5(a)(1)). 

The comment period for the ANPRM 

ended on November 29, 2023. 

Comments submitted in response to this 

NODA must be limited to addressing 

any relevant information in the reports 

and studies listed above. Comments 

addressing other matters will not be 

considered by FMCSA. 

Issued under authority delegated in 49 CFR 

1.87. 

Larry W. Minor, 

Associate Administrator for Policy. 

[FR Doc. 2024–00522 Filed 1–11–24; 8:45 am] 

BILLING CODE 4910–EX–P 


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