Federal Register / Vol. 87, No. 127 / Tuesday, July 5, 2022 / Notices 39889 

mechanics on the required weekly 

payroll submissions is discussed in 

Section IV.3.b.(1). Payrolls and basic 

records, excluding weekly payroll 

submissions, shall include social 

security numbers and addresses of the 

laborers and mechanics as discussed in 

Section IV.3.a. This is consistent with 

the U.S. Department of Labor’s (DOL) 

regulatory requirements titled Contract 

provisions and related matters in 29 

CFR 5.5. The provisions in 29 CFR 

5.5(a)(3)(ii) prohibit contractors from 

including full social security numbers 

and home addresses on the required 

weekly payroll submission and the 

provisions of 29 CFR 5.5(a)(3)(i) require 

full social security numbers and home 

addresses on payrolls and basic records. 

Subsequent to the November 11, 2016, 

Federal Register notice and request for 

comments announcing FHWA’s intent 

to revise Form FHWA–1273, DOL 

issued several rulemakings regarding 

the Contract Provisions and Related 

Matters in 29 CFR 5.5. The FHWA is 

incorporating these provisions in Form 

FHWA–1273 with minor editorial 

changes to match the outline structure 

and context of Form FHWA–1273. The 

DOL regulatory revisions provided for 

an inflation-based adjustment of the 

liquidated damage rate in 29 CFR 

5.5(b)(2) from $10 to $26. Form FHWA– 

1273, Section V.2 also includes a note 

to see 29 CFR 5.5(b)(2) for future 

updates to the liquidated damage rate. 

Section IX. Implementation of Clean Air 

Act and Federal Water Pollution Control 

Act 

Comment: The Minnesota DOT 

(MnDOT) recommended identifying the 

party responsible for reporting 

violations by adding ‘‘(T)he contracting 

agency must report violations.’’ Since 

EPA may delegate authority to a State 

agency, MnDOT also recommended 

adding ‘‘a state authority delegated by 

EPA’’ to the list of enforcing authorities. 

Additionally, MnDOT suggested that the 

final paragraph related to flow-down 

requirements be retained. 

FHWA Response: While FHWA 

understands Minnesota DOT concerns 

regarding reporting entities, the 

proposed language for this section is 

consistent with the provisions in 

Appendix II to 2 CFR part 200— 

Contract Provisions for Non-Federal 

Entity Contracts Under Federal Awards 

and will remain unchanged. The FHWA 

agrees with Minnesota DOT regarding 

the flow-down paragraph and the 

following sentence will be added to the 

final document: ‘‘The contractor agrees 

to include or cause to be included the 

requirements of this Section in every 

subcontract, and further agrees to take 

such action as the contracting agency 

may direct as a means of enforcing such 

requirements.’’ 

Section X. Certification Regarding 

Debarment, Suspension, Ineligibility 

and Voluntary Exclusion 

Comment: The MnDOT commented 

that the term ‘‘in a timely manner’’ was 

too subjective to administer properly 

and suggested providing, instead, 

‘‘whose payments under an obligation to 

a tax authority are not current.’’ 

FHWA Response: The FHWA does not 

agree with this suggestion and no 

revisions are made in the final 

document. The terms ‘‘agreement’’ and 

‘‘obligation’’ do not have the same 

meaning. The language used in the 

proposed text was structured to conform 

to the definition of ‘‘tax liability’’ in the 

DOT Order 4200.6, Appropriations Act 

Requirements for Procurement and NonProcurement Regarding Tax 

Delinquency and Felony Convictions, 

and is designed to track that definition 

as closely as possible. 

Attachment A—Employment and 

Materials Preference for Appalachian 

Development Highway System or 

Appalachian Local Access Road 

Contracts 

Comment: The Alabama DOT 

requested clarification on the 

applicability of the Appalachian 

preference provisions. 

FHWA Response: The employment 

and materials preference provisions in 

Attachment A apply to all construction 

projects funded under the Appalachian 

Development Highway Program. Fiscal 

Year 2012 was the final authorization 

year for this program; however, some 

States may have available program 

balances that have not been obligated or 

have not lapsed. Therefore, it is 

necessary to retain Attachment A. 

Final Form FHWA–1273 

Pursuant to 23 CFR 633.104(a), FHWA 

has updated Form FHWA–1273 to be 

consistent with existing regulatory 

requirements. The FHWA published the 

proposed revised Form FHWA–1273 for 

public comment on November 28, 2016. 

After considering all the comments, 

FHWA has incorporated all appropriate 

edits into the revised Form FHWA– 

1273. As such, and in accordance with 

23 CFR part 633, subpart A, the revised 

Form FHWA–1273, which can be found 

at www.fhwa.dot.gov/construction/cqit/ 

form1273.cfm, must be used by 

recipients and contractors, as applicable 

under the regulations. 

Authority: 23 U.S.C. 315; 23 CFR 

633.104; 49 CFR 1.85. 

Stephanie Pollack, 

Deputy Administrator, Federal Highway 

Administration. 

[FR Doc. 2022–14256 Filed 7–1–22; 8:45 am] 

BILLING CODE 4910–22–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–2013–0109; 

FMCSA–2013–0442; FMCSA–2013–0444; 

FMCSA–2013–0445; FMCSA–2014–0381; 

FMCSA–2015–0320; FMCSA–2015–0323; 

FMCSA–2015–0326; FMCSA–2017–0252; 

FMCSA–2017–0253; FMCSA–2018–0050; 

FMCSA–2019–0033; FMCSA–2019–0206; 

FMCSA–2020–0046; 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 renewal of 

exemptions; request for comments. 

SUMMARY: FMCSA announces its 

decision to renew exemptions for 18 

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: Each group of renewed 

exemptions were applicable on the 

dates stated in the discussions below 

and will expire on the dates stated in 

the discussions below. Comments must 

be received on or before August 4, 2022. 

ADDRESSES: You may submit comments 

identified by the Federal Docket 

Management System Docket No. 

FMCSA–2013–0109, Docket No. 

FMCSA–2013–0442, Docket No. 

FMCSA–2013–0444, Docket No. 

FMCSA–2013–0445, Docket No. 

FMCSA–2014–0381, Docket No. 

FMCSA–2015–0320, Docket No. 

FMCSA–2015–0323, Docket No. 

FMCSA–2015–0326, Docket No. 

FMCSA–2017–0252, Docket No. 

FMCSA–2017–0253, Docket No. 

FMCSA–2018–0050, Docket No. 

FMCSA–2019–0033, Docket No. 


lotter on DSK11XQN23PROD with NOTICES1
39890 Federal Register / Vol. 87, No. 127 / Tuesday, July 5, 2022 / 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. 

FMCSA–2019–0206, Docket No. 

FMCSA–2020–0046, or Docket No. 

FMCSA–2020–0047 using any of the 

following methods: 

• Federal eRulemaking Portal: Go to 

www.regulations.gov/, insert the docket 

number, FMCSA–2013–0109, FMCSA– 

2013–0442, FMCSA–2013–0444, 

FMCSA–2013–0445, FMCSA–2014– 

0381, FMCSA–2015–0320, FMCSA– 

2015–0323, FMCSA–2015–0326, 

FMCSA–2017–0252, FMCSA–2017– 

0253, FMCSA–2018–0050, FMCSA– 

2019–0033, FMCSA–2019–0206, 

FMCSA–2020–0046, 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 on the 

‘‘Comment’’ button. Follow the online 

instructions for submitting comments. 

• Mail: Dockets Operations; U.S. 

Department of Transportation, 1200 

New Jersey Avenue SE, West Building 

Ground Floor, Room W12–140, 

Washington, DC 20590–0001. 

• Hand Delivery: West Building 

Ground Floor, Room W12–140, 1200 

New Jersey Avenue SE, Washington, 

DC, 20590–0001 between 9 a.m. and 5 

p.m., ET, Monday through Friday, 

except Federal Holidays. 

• Fax: (202) 493–2251. 

To avoid duplication, please use only 

one of these four methods. See the 

‘‘Public Participation’’ portion of the 

SUPPLEMENTARY INFORMATION section for 

instructions on submitting comments. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Christine A. Hydock, Chief, Medical 

Programs Division, (202) 366–4001, 

fmcsamedical@dot.gov, FMCSA, DOT, 

1200 New Jersey Avenue SE, Room 

W64–224, Washington, DC 20590–0001. 

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. Submitting Comments 

If you submit a comment, please 

include the docket number for this 

notice (Docket No. FMCSA–2013–0109, 

Docket No. FMCSA–2013–0442, Docket 

No. FMCSA–2013–0444, Docket No. 

FMCSA–2013–0445, Docket No. 

FMCSA–2014–0381, Docket No. 

FMCSA–2015–0320, Docket No. 

FMCSA–2015–0323, Docket No. 

FMCSA–2015–0326, Docket No. 

FMCSA–2017–0252, Docket No. 

FMCSA–2017–0253, Docket No. 

FMCSA–2018–0050, Docket No. 

FMCSA–2019–0033, Docket No. 

FMCSA–2019–0206, Docket No. 

FMCSA–2020–0046, or Docket No. 

FMCSA–2020–0047), indicate the 

specific section of this document to 

which each 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 that FMCSA can 

contact you if there are questions 

regarding your submission. 

To submit your comment online, go to 

www.regulations.gov/, insert the docket 

number, FMCSA–2013–0109, FMCSA– 

2013–0442, FMCSA–2013–0444, 

FMCSA–2013–0445, FMCSA–2014– 

0381, FMCSA–2015–0320, FMCSA– 

2015–0323, FMCSA–2015–0326, 

FMCSA–2017–0252, FMCSA–2017– 

0253, FMCSA–2018–0050, FMCSA– 

2019–0033, FMCSA–2019–0206, 

FMCSA–2020–0046, or FMCSA–2020– 

0047 in the keyword box, and click 

‘‘Search.’’ Next, sort the results by 

‘‘Posted (Newer-Older),’’ choose the first 

notice listed, click the ‘‘Comment’’ 

button, and type your comment into the 

text box on the following screen. Choose 

whether you are submitting your 

comment as an individual or on behalf 

of a third party and then submit. 

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. If you submit 

comments by mail and would like to 

know that they reached the facility, 

please enclose a stamped, self-addressed 

postcard or envelope. 

FMCSA will consider all comments 

and material received during the 

comment period. 

B. Viewing Comments 

To view comments go to 

www.regulations.gov. Insert the docket 

number, FMCSA–2013–0109, FMCSA– 

2013–0442, FMCSA–2013–0444, 

FMCSA–2013–0445, FMCSA–2014– 

0381, FMCSA–2015–0320, FMCSA– 

2015–0323, FMCSA–2015–0326, 

FMCSA–2017–0252, FMCSA–2017– 

0253, FMCSA–2018–0050, FMCSA– 

2019–0033, FMCSA–2019–0206, 

FMCSA–2020–0046, 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 in 

Room W12–140 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. 

C. 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 FDMS), which can be reviewed at 

www.dot.gov/privacy. 

II. Background 

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 physical qualification standard 

for drivers regarding epilepsy found in 

49 CFR 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. 

The 18 individuals listed in this 

notice have requested renewal of their 

exemptions from the epilepsy and 

seizure disorders prohibition in 

§ 391.41(b)(8), in accordance with 

FMCSA procedures. Accordingly, 

FMCSA has evaluated these 

applications for renewal on their merits 


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Federal Register / Vol. 87, No. 127 / Tuesday, July 5, 2022 / Notices 39891 

and decided to extend each exemption 

for a renewable 2-year period. 

III. Request for Comments 

Interested parties or organizations 

possessing information that would 

otherwise show that any, or all, of these 

drivers are not currently achieving the 

statutory level of safety should 

immediately notify FMCSA. The 

Agency will evaluate any adverse 

evidence submitted and, if safety is 

being compromised or if continuation of 

the exemption would not be consistent 

with the goals and objectives of 49 

U.S.C. 31136(e) and 31315(b), FMCSA 

will take immediate steps to revoke the 

exemption of a driver. 

IV. Basis for Renewing Exemptions 

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

and 31315(b), each of the 18 applicants 

has satisfied the renewal conditions for 

obtaining an exemption from the 

epilepsy and seizure disorders 

prohibition. The 18 drivers in this 

notice remain in good standing with the 

Agency, have maintained their medical 

monitoring and have not exhibited any 

medical issues that would compromise 

their ability to safely operate a CMV 

during the previous 2-year exemption 

period. In addition, for commercial 

driver’s license (CDL) holders, the 

Commercial Driver’s License 

Information System and the Motor 

Carrier Management Information System 

are searched for crash and violation 

data. For non-CDL holders, the Agency 

reviews the driving records from the 

State Driver’s Licensing Agency. These 

factors provide an adequate basis for 

predicting each driver’s ability to 

continue to safely operate a CMV in 

interstate commerce. Therefore, FMCSA 

concludes that extending the exemption 

for each renewal applicant for a period 

of 2 years is likely to achieve a level of 

safety equal to that existing without the 

exemption. 

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

and 31315(b), the following groups of 

drivers received renewed exemptions in 

the month of July and are discussed 

below. 

As of July 1, 2022, and in accordance 

with 49 U.S.C. 31136(e) and 31315(b), 

the following 14 individuals have 

satisfied the renewal conditions for 

obtaining an exemption from the 

epilepsy and seizure disorders 

prohibition in the FMCSRs for interstate 

CMV drivers: 

David F. Bigler (MN) 

Ronald Bohr (IA) 

David P. Crowe (VA) 

Heath Crowe (LA) 

Michael Davis (ME) 

Nathan Dermer (AK) 

John Johnson (WI) 

Anthony Kornuszko (PA) 

Raymond Lobo (NJ) 

Lucas Meeker (OH) 

David Pamperin (WI) 

Kevin Sprinkle (NC) 

Stephen Soden (LA) 

Michael Vitch (MS) 

The drivers were included in docket 

number FMCSA–2013–0109, FMCSA– 

2013–0442, FMCSA–2013–0444, 

FMCSA–2014–0381, FMCSA–2015– 

0320, FMCSA–2015–0323, FMCSA– 

2015–0326, FMCSA–2017–0252, 

FMCSA–2017–0253, FMCSA–2018– 

0050, FMCSA–2019–0033, FMCSA– 

2019–0206, or FMCSA–2020–0046. 

Their exemptions are applicable as of 

July 1, 2022 and will expire on July 1, 

2024. 

As of July 14, 2022, and in accordance 

with 49 U.S.C. 31136(e) and 31315(b), 

Ronald Blount (GA) has satisfied the 

renewal conditions for obtaining an 

exemption from the epilepsy and 

seizure disorders prohibition in the 

FMCSRs for interstate CMV drivers. 

This driver was included in docket 

number FMCSA–2013–0445. The 

exemption is applicable as of July 14, 

2022 and will expire on July 14, 2024. 

As of July 21, 2022, 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: 

Sonny Chase (MN); Jason Miller (WI); 

and Michael Morris (OR). 

The drivers were included in docket 

number FMCSA–2020–0047. Their 

exemptions are applicable as of July 21, 

2022 and will expire on July 21, 2024. 

V. Conditions and Requirements 

The exemptions are extended subject 

to the following conditions: (1) each 

driver must remain seizure-free and 

maintain a stable treatment during the 

2-year exemption period; (2) each driver 

must submit annual reports from their 

treating physicians attesting to the 

stability of treatment and that the driver 

has remained seizure-free; (3) each 

driver must undergo an annual medical 

examination by a certified ME, as 

defined by § 390.5; and (4) each driver 

must provide a copy of the annual 

medical certification to the employer for 

retention in the driver’s qualification 

file, or keep a copy of his/her driver’s 

qualification file if he/she is selfemployed. The driver must also have a 

copy of the exemption when driving, for 

presentation to a duly authorized 

Federal, State, or local enforcement 

official. The exemption will be 

rescinded if: (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 before it was 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). 

VI. Preemption 

During the period the exemption is in 

effect, no State shall enforce any law or 

regulation that conflicts with this 

exemption with respect to a person 

operating under the exemption. 

VII. Conclusion 

Based on its evaluation of the 18 

exemption applications, FMCSA renews 

the exemptions of the aforementioned 

drivers from the epilepsy and seizure 

disorders prohibition in § 391.41(b)(8). 

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

and 31315(b), each exemption will be 

valid for 2 years unless revoked earlier 

by FMCSA. 

Larry W. Minor, 

Associate Administrator for Policy. 

[FR Doc. 2022–14227 Filed 7–1–22; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–2022–0026] 

Qualification of Drivers; Exemption 

Applications; Implantable Cardioverter 

Defibrillator (ICD) 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), Department 

of Transportation (DOT). 

ACTION: Notice of denials. 

SUMMARY: FMCSA announces its 

decision to deny the applications from 

two individuals treated with an 

Implantable Cardioverter Defibrillator 

(ICD) who requested an exemption from 

the Federal Motor Carrier Safety 

Regulations (FMCSRs) prohibiting 

operation of a commercial motor vehicle 

(CMV) in interstate commerce by 

persons with a current clinical diagnosis 

of myocardial infarction, angina 

pectoris, coronary insufficiency, 

thrombosis, or any other cardiovascular 

disease of a variety known to be 

accompanied by syncope (transient loss 

of consciousness), dyspnea (shortness of 

breath), collapse, or congestive heart 

failure. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Christine A. Hydock, Chief, Medical 


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