[Federal Register Volume 78, Number 18 (Monday, January 28, 2013)]
[Notices]
[Pages 5813-5815]
[FR Doc No: 2013-01639]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2013-N-0012]

2013 Assuring Radiation Protection

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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SUMMARY: The Food and Drug Administration (FDA) is announcing the
availability of grant funds for the support of the Center for Devices
and Radiological Health (CDRH) radiation protection program. The goal
of the 2013 Assuring Radiation Protection will be to coordinate
Federal, State, and Tribal activities to achieve effective solutions to
present and future radiation control problems. The recipient of this
cooperative agreement award will be expected to obtain the States'
cooperation and participation on committees and working groups
established to deal with individual problems. The recipient will also
plan and facilitate an annual meeting and develop and offer educational
activities to demonstrate mutually beneficial techniques, procedures,
and systems relevant to the mission of assuring radiation protection.
The recipient will establish committees, in accordance with Federal
statutes and regulations, to address, evaluate, and propose solutions
for a wide range of radiation health and protection issues. Examples of
relevant areas already identified to be of interest include, but are
not limited to: (1) The application of x-rays to the healing arts; (2)
the application of non-medical ionizing radiation and medical/non-
medical non-ionizing radiation; and (3) the control and mitigation of
radiation exposure from all sources.

DATES: Important dates are as follows:
    1. The application due date is April 1, 2013.
    2. The anticipated start date is May 1, 2013.
    3. The opening date is January 28, 2013.
    4. The expiration date is April 2, 2013.

ADDRESSES: Submit electronic applications to: http://www.grants.gov/.
For more information, see section III of the SUPPLEMENTARY INFORMATION
section of this notice.

FOR FURTHER INFORMATION CONTACT:
R. Matt Erbe, Food and Drug Administration, Center for Devices and
Radiological Health,<PHONE_NUMBER>, FAX:<PHONE_NUMBER>,
<EMAIL_ADDRESS>or
Gladys Melendez Bohler, Food and Drug Administration, Office of
Acquisition and Grant Services,<PHONE_NUMBER>, FAX:<PHONE_NUMBER>,
<EMAIL_ADDRESS>
    For more information on this funding opportunity announcement (FOA)
and to obtain detailed requirements, please refer to the full FOA
located at http://www.grants.gov/.

SUPPLEMENTARY INFORMATION:

I. Funding Opportunity Description

RFA-FD-13-002
93.103

A. Background

    Since 1968, FDA has taken the lead in working with the Nuclear
Regulatory Commission (NRC) and its predecessor organizations, the
Environmental Protection Agency (EPA), and the

Federal Emergency Management Agency (FEMA), to provide financial
support for a forum established to foster the exchange of ideas and
information among the States and the Federal Government concerning
radiation control. This forum has made it possible for State and
Federal Agencies to work together to study existing and potential
radiological health problems of mutual interest and to apply their
increasingly limited resources with maximum efficiency in seeking ways
to address these problems, foster coordination, and provide original
views.
    Three major mechanisms traditionally have been used to achieve this
coordination between State and Federal Agencies:
    1. When certain radiation control issues warrant specific
consideration, committees and other working groups comprised of
representatives of State radiation control programs and liaison members
from the concerned Federal Agencies have been formed to evaluate these
issues and recommend ways to address them. The recommendations of the
committees are evaluated by a central management board and final
recommended actions are relayed to the appropriate Federal and State
Agencies and Tribal organizations.
    2. Annual meetings of Federal and State officials are convened to
present and discuss the results of the recommended actions. The annual
meetings also include workshops to more carefully define new problems
and areas of mutual concern in radiation control, and clinics to
demonstrate mutually beneficial radiological health techniques,
procedures, and systems. The annual meeting lasts approximately 4 days,
with an average attendance of 350 participants.
    3. Additional educational activities have been developed and
provided for the benefit of members of State programs having radiation
control responsibilities and the general public to acquaint them with
radiation exposure problems and the proposed solutions. Methods used
have included videotapes, publications, and training courses.

B. Research Objectives

    The objective of this cooperative agreement will be to coordinate
Federal, State, and Tribal activities to achieve effective solutions to
present and future radiation control problems. The recipient of this
cooperative agreement award will be expected to obtain the States'
cooperation and participation on committees and working groups
established to deal with individual problems. The recipient will also
plan and facilitate an annual meeting, and develop and offer
educational activities to demonstrate mutually beneficial techniques,
procedures, and systems relevant to the mission of assuring radiation
protection. The recipient will establish committees, in accordance with
Federal statutes and regulations, to address, evaluate, and propose
solutions for a wide range of radiation health and protection issues.
Examples of relevant areas already identified to be of interest
include, but are not limited to: (1) The application of x-rays to the
healing arts; (2) the application of non-medical ionizing radiation and
medical/non-medical non-ionizing radiation; and (3) the control and
mitigation of radiation exposure from all sources. These areas are
explained more fully in the following paragraphs.
1. Areas of Interest
    a. Application of x-rays to the healing arts. The recipient will
address issues related to x-rays in the healing arts including issues
related to general diagnostic and therapeutic radiology. Issues related
to medical imaging (fluoroscopy and computed tomography) and therapy
radiography (linear accelerator or source based therapy) should be
considered in terms of practice guidelines, quality assurance
procedures, and patient exposure evaluation. In the area of patient
exposure, the recipient will be responsible for conducting a survey of
a representative sample of medical x-ray facilities conducting one
specific diagnostic x-ray procedure (from a set of predefined
procedures that will be the subject of the survey over time).
    b. Application of non-medical ionizing radiation and medical/non-
medical non-ionizing radiation. The recipient will address issues in
the non-medical applications of ionizing radiation as well as the
medical and non-medical applications of non-ionizing radiation.
    c. Control and mitigation of radiation exposure. The recipient will
be responsible for developing criteria relevant to the control and
mitigation of radiation exposure from all sources. Specific areas to be
addressed include: (1) Responding to radiation accidents or incidents;
(2) evaluating the adequacy of State radiation control programs;
overseeing radiation laboratory capabilities; (3) controlling residual
radioactivity levels from decontamination and decommissioning of
nuclear facilities; (4) determining the propriety of delegating
implementation authority for Federal standards for control of
radionuclides as hazardous air pollutants; and (5) implementing the
Indoor Radon Abatement Act (15 U.S.C. 53, Subchapter III). The
recipient will also be required to review and provide comments on
issues related to radiological emergency preparedness and homeland
security.
2. Suggested State Regulations for the Control of Radiation (SSRCR)
    The recipient of this cooperative agreement award will be expected
to provide the leadership to refresh and update previously developed
consensus guidance documents and SSRCR to provide States with up-to-
date assistance in effective management of radiological hazards.
    Updating and maintaining the SSRCR will be an integral aspect of
this cooperative agreement. These regulations will be disseminated to
the States for the purpose of promoting uniformity between the States.
The regulations will address issues relevant to controlling radiation
exposure from all sources such as low-level waste, radioactive
contamination, radioactive materials, radon, and x-rays in the healing
arts.
    The recipient will be required to develop a process to determine
the need, priority, and timing for regulation updates and development
of new SSRCRs. This shall include collaboration with the Federal
Agencies, in accordance with Federal statutes and regulations that are
providing access to rules that are still under development to enable
the recipient to initiate timely development or revisions in parallel.
3. Committee Oversight and Management
    The recipient should anticipate oversight and management
responsibilities for approximately 45 committees. In some instances,
the recipient will be required to provide representatives to certain
Federal radiation committees, such as the Federal Radiological
Preparedness Coordinating Committee and its subcommittees (overseen by
FEMA).
    While official committee members are limited to State members, non-
State and Federal representatives may be appointed as advisors to these
committees and other working groups dealing with problems related to
the Agency mission. These representatives will participate in the
discussions leading to any recommendations developed by the committees
and working groups. They will be primarily responsible for assuring
that such recommendations are in accordance with Federal statutes,
regulations, and policy. The representatives will also act

as investigators, collaborators, or resource personnel, as appropriate.
4. Special Projects
    The recipient will implement special projects as determined by the
participating State and Federal Agencies. Areas for which groups may be
needed include, but are not limited to, radioactive materials and
radiation exposure problems in the environment, in the healing arts, in
industry, and in, or related to, consumer products. Deliverables may
include studies, reports, or recommendations.
5. Annual Meeting/Training
    The recipient will be required to plan, conduct, and handle all
administrative functions for an annual meeting. This meeting will offer
an opportunity for member States and other interested parties to
convene to exchange concerns and ideas for problem solving. The
recipient should consult with stakeholders to determine priority agenda
items and topics of interest. General Sessions of this annual meeting
should include workshops to define new problems, and discussions and
lectures on mutually beneficial radiological health techniques,
procedures, and systems. Identified areas of mutual concern in
radiation control should be considered for assignment to a task force
or committee comprised of experts. The recipient will be expected to
publish the meeting proceedings on the recipient's web site for limited
dissemination to member States and relevant Federal personnel.
    In conjunction with the annual meeting, the recipient will be
required to hold training sessions. These sessions should demonstrate
mutually beneficial techniques, procedures, and systems that have been
developed by the sponsoring Agencies or the recipient. The recipient
may also be requested by FDA to provide instructors for Federal
training courses with a radiological component held outside of the
annual meeting.
6. Information Access
    A Web site will be maintained by the recipient for the benefit of
the States and other interested parties. The FDA Project Officer and
other designated Federal personnel will be given complete and full
access to all information posted on the site that is relevant to the
work supported by FDA and other supporting Agencies. The information
and materials posted on the site should be reviewed and updated at
regular intervals. Expertise in Web site maintenance and security is
required to fulfill this task.
7. Reports and Publications
    Reports generated by the task forces, committees, and workshops
should include recommendations for the resolution of problem areas as
well as cost/benefit evaluations and should be delivered within the
time frame determined at the time of assignment. These reports will be
reviewed, in accordance with Federal statutes and regulations, by the
recipient's governing body before final dissemination to Federal and/or
State officials. Any publications supported by Federal funds must
include a statement acknowledging Federal support, as well as a
disclaimer that the information presented is not necessarily the view
of the supporting Agencies.
    The recipient will provide a periodic newsletter that will be made
available to member States and relevant Federal personnel on the Web
site. The newsletter should include updates on projects and programs
relevant to the mission of, and supported by, the contributing Federal
Agencies. The FDA Project Officer and liaisons from other Federal
Agencies supporting this Agreement will be provided access to secured
information on the Web site via passwords.
    The recipient will also maintain a directory of personnel
responsible for radiological health programs in the member States and
Federal Agencies. This directory will be updated annually and published
for distribution by the recipient. At least two paper copies of the
directory and a non-copyright electronic version will be provided to
all contributing Federal Agencies.

C. Eligibility Information

    Nonprofits Other Than Institutions of Higher Education:
     Nonprofits with 501(c)(3) IRS status (other than
institutions of higher education).
    For-Profit Organizations:
     Small businesses; and
     For-profit organizations (other than small businesses).
    Governments:
     State Governments,
     County Governments,
     Indian/Native American Tribal Governments (Federally
recognized), and
     U.S. Territory or Possession.
    Foreign Institutions:
     Non-domestic (non-U.S.) entities (foreign institutions)
are not eligible to apply.
     Non-domestic (non-U.S.) components of U.S. organizations
are not eligible to apply.

II. Award Information/Funds Available

A. Award Amount

    FDA in collaboration with the NRC, the EPA, and FEMA, intends to
commit $400,000 in FY 2013. Only one award will be made.

B. Length of Support

    The length of support will be for up to 5 years. Funding beyond the
first year will be noncompetitive and will depend on: (1) Acceptable
programmatic performance during the preceding year and (2) the
availability of Federal fiscal year funds.

III. Electronic Application, Registration, and Submission

    Only electronic applications will be accepted. To submit an
electronic application in response to this FOA, applicants should first
review the full announcement located at http://www.grants.gov/ (FDA has
verified the Web site addresses throughout this document, but FDA is
not responsible for any subsequent changes to the Web sites after this
document publishes in the Federal Register.) For all electronically
submitted applications, the following steps are required.
     Step 1: Obtain a Dun and Bradstreet (DUNS) Number
     Step 2: Register With System for Award Management at
https://www.sam.gov/portal/public/SAM
     Step 3: Obtain Username & Password
     Step 4: Authorized Organization Representative (AOR)
Authorization
     Step 5: Track AOR Status
     Step 6: Register With Electronic Research Administration
(eRA) Commons
    Steps 1 through 5, in detail, can be found at http://www07.grants.gov/applicants/organization_registration.jsp. Step 6, in
detail, can be found at https://commons.era.nih.gov/commons/registration/registrationInstructions.jsp. After you have followed
these steps, submit electronic applications to: http://www.grants.gov/.

    Dated: January 22, 2013.
Leslie Kux,
Assistant Commissioner for Policy.
[FR Doc. 2013-01639 Filed 1-25-13; 8:45 am]
BILLING CODE 4160-01-P


[Federal Register Volume 84, Number 215 (Wednesday, November 6, 2019)]
[Proposed Rules]
[Pages 59761-59763]
[FR Doc No: 2019-24100]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

49 CFR part 395

[Docket No. FMCSA-2019-0174]

Commercial Driver's License Standards: Application for Exemption;
Wilson Logistics

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION: Notice of application for exemption; request for comments.

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SUMMARY: FMCSA announces that Wilson Logistics has applied for an
exemption from the requirement that the holder of a Commercial
Learner's Permit (CLP) be accompanied by the holder of a Commercial
Driver's License (CDL), seated in the front seat, while the commercial
motor vehicle (CMV) is being driven by the CLP holder. Specifically,
Wilson Logistics requests an exemption to allow CLP holders who have
successfully passed the CDL skills test to drive a CMV without having a
CDL holder seated in the front seat. Wilson Logistics states that the
CDL holder would remain in the CMV while the CLP holder is driving, but
not necessarily in the passenger seat. Wilson Logistics believes that
the exemption, if granted, would promote greater productivity and help
individuals who have passed the CDL skills test return to actively
earning a living faster. FMCSA requests public comment on Wilson
Logistics' application for exemption.

DATES: Comments must be received on or before December 6, 2019.

ADDRESSES: You may submit comments identified by Federal Docket
Management System Number FMCSA-2019-0174 by any of the following
methods:
     Federal Rulemaking Portal: www.regulations.gov. See the
Public Participation and Request for Comments section below for further
information.
     Mail: Docket Management Facility, U.S. Department of
Transportation, 1200 New Jersey Avenue SE, West Building, Ground Floor,
Room W12-140, Washington, DC 20590-0001.
     Hand Delivery or Courier: West Building, Ground Floor,
Room W12-140, 1200 New Jersey Avenue SE, between 9 a.m. and 5 p.m.
E.T., Monday through Friday, except Federal holidays.
     Fax: 1-202-493-2251.
    Each submission must include the Agency name and the docket number
for this document. Note that DOT posts all comments received without
change to www.regulations.gov, including any personal information
included in a comment. Please see the Privacy Act heading below.
    Docket: For access to the docket to read background documents or
comments, go to www.regulations.gov at any time or visit Room W12-140
on the ground level of the West Building, 1200 New Jersey Avenue SE,
Washington, DC, between 9 a.m. and 5 p.m., ET, Monday through Friday,
except Federal holidays. The on-line FDMS is available 24 hours each
day, 365 days each year.
    Privacy Act: In accordance with 5 U.S.C. 553(c), DOT solicits
comments from the public to better inform its rulemaking process. 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.

FOR FURTHER INFORMATION CONTACT: Mr. Richard Clemente, FMCSA Driver and
Carrier Operations Division; Office of Carrier, Driver and Vehicle
Safety Standards; Telephone:<PHONE_NUMBER>. Email<EMAIL_ADDRESS>If you
have questions on viewing or submitting material to the docket, contact
Docket Services, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Public Participation and Request for Comments

    FMCSA encourages you to participate by submitting comments and
related materials.

Submitting Comments

    If you submit a comment, please include the docket number for this
document (FMCSA-2019-0174), indicate the specific section of this
document to which the comment applies, and provide a reason for
suggestions or recommendations. 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 the Agency can contact you if it has questions
regarding your submission.
    To submit your comments online, go to www.regulations.gov and put
the docket number, ``FMCSA-2019-0174''

in the ``Keyword'' box, and click ``Search.'' When the new screen
appears, click on ``Comment Now!'' button and type your comment into
the text box in the following screen. Choose whether you are submitting
your comment as an individual or on behalf of a third party and then
submit. An option to upload a file is provided. If you submit your
comments by mail or hand delivery, submit them in an unbound format, no
larger than 8\1/2\ 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 and may grant or not grant this application
based on your comments.

II. Legal Basis

    FMCSA has authority under 49 U.S.C. 31136(e) and 31315 to grant
exemptions from certain parts of the Federal Motor Carrier Safety
Regulations. FMCSA must publish a notice of each exemption request in
the Federal Register (49 CFR 381.315(a)). The Agency must provide the
public an opportunity to inspect the information relevant to the
application, including any safety analyses that have been conducted.
The Agency must provide an opportunity for public comment on the
request.
    The Agency reviews safety analyses and public comments submitted,
and determines whether granting the exemption would likely achieve a
level of safety equivalent to, or greater than, the level that would be
achieved by the current regulation (49 CFR 381.305). The Agency's
decision must be published in the Federal Register (49 CFR 381.315(b))
with the reasons for denying or granting the application and, if
granted, the name of the person or class of persons receiving the
exemption, and the regulatory provision from which the exemption is
granted. The notice of exemption also specifies the effective period
and explain the terms and conditions of the exemption. The exemption
may be renewed (49 CFR 381.300(b)).

III. Request for Exemption

    Wilson Logistics is a nationwide motor carrier with a fleet of over
700 commercial motor vehicles (CMVs). Wilson Logistics seeks an
exemption from the provision in 49 CFR 383.25(a)(1) that requires a CDL
driver to be seated in the front seat of a CMV operated by a CLP
holder. Under Wilson Logistics' exemption request, a CDL holder would
remain in the vehicle while a CLP holder who has passed the skills test
is driving--just not always in the front seat. Wilson Logistics
believes this would allow the CLP holder to participate in a revenue-
generating trip back to his or her State of domicile to obtain the CDL
document, as the CDL can only be issued by the State of domicile.
Wilson Logistics advises that, if granted, 400-500 CLP holders would
operate under the terms of the exemption each year.
    Wilson Logistics states that 49 CFR 383.25(a)(1) creates undue
burdens on the company and its CLP holders, is cost intensive, and
contributes to the driver shortage affecting the commercial trucking
industry. Wilson Logistics explains that, previously, ``it was not
uncommon for States to issue temporary CDLs to CLP holders for the
return trip to collect the CDL document from their State of domicile.
During that time, CDL holders were neither required to log themselves
`on duty' when supervising the CLP holder who had a temporary CDL, nor
did they always remain in the passenger seat of the CMV. Under that
scenario, the productivity of the CMV, the earnings capacity of the CDL
and CLP holders, and the logistics of the motor carrier's freight
network were all protected. Currently carriers must assign a second CDL
holder to the vehicle to accomplish the on-duty work that was
previously performed by the CLP holder who had a temporary CDL.''
    Wilson Logistics contends that compliance with the CDL rule leaves
it with the following two options: (1) Secure some mode of public
transportation from the State of training to the State of domicile to
allow the CLP holder to pick up his/her CDL document before returning
to Wilson Logistics; or (2) route the team of drivers directly to the
CLP holder's State of domicile, often against the natural flow of the
freight network. Wilson Logistics argues that securing public
transportation for each of the CLP holders under the first option
entails extreme cost burdens to the company; the second option is no
better because routing CLP holders directly to their home States,
commonly without reference to shipper demand, introduces extreme cost
inefficiencies.
    In addition, Wilson Logistics asserts that CDL-issuing agencies may
require several days, if not weeks, to secure the CLP holder's
licensure materials; CLP holders suffer financial hardship during this
waiting period. The exemption sought would apply only to those Wilson
Logistics drivers who have passed the CDL skills test and hold valid
CLPs.

IV. Method To Ensure an Equivalent or Greater Level of Safety

    To ensure an equivalent level of safety, Wilson Logistics asserts
that it offers a company-sponsored, hands on, on-the-job training
program. In its program, CLP holders will spend a minimum of two or
three weeks driving over-the-road with a CDL instructor in the
passenger seat. Wilson's CLP holders deliver loads to customers in all
manner of weather and traffic conditions. Wilson Logistics trains
drivers on all aspects of the job before drivers take their CDL exams,
which prepares them better for every part of the job.
    Once Wilson Logistics' drivers pass their CDL skills test,
administered by Wilson as a CDL third-party tester, the CLP holders
have the passing scores in their possession. Wilson Logistics then
uploads the scores to the Commercial Skills Test Information Management
System (CSTIMS) in accordance with the State's requirements and the
State Driver's Licensing Agency for the students' State of domicile to
have access to the information. In addition to the test scores, the
drivers' CLP document would be scanned into the driver profiles with
the company's Compliance Department before being allowed to take their
first load after the CDL skills test. Wilson Logistics would ensure
that all CLP holders would have their skills test scores in their
possession at all times until they receive their CDL.

    Wilson Logistics notes that CLP holders who pass the skills test
after training in their State of domicile would be allowed to start
operating the CMV without someone in the passenger seat--they would
have received a licensing document from the agency.
    Wilson Logistics believes that permitting a CLP holder to drive en
route to his or her State of domicile without a CDL holder in the
passenger seat is safer than current State regulations that allow a new
CDL holder to drive unsupervised, moments after receiving the CDL.
    FMCSA has previously granted similar exemptions to C.R. England--
initially in 2015, renewed in 2017 [82 FR 48889, Oct. 20, 2017]--and to
New Prime, Inc. [82 FR 29143, June 27, 2017].
    A copy of Wilson Logistics' application for exemption is available
for review in the docket for this document.

    Issued on: October 29, 2019.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2019-24100 Filed 11-5-19; 8:45 am]
 BILLING CODE 4910-EX-P