81_FR_36968 81 FR 36858 - Evaluation of Safety Sensitive Personnel for Moderate-to-Severe Obstructive Sleep Apnea

81 FR 36858 - Evaluation of Safety Sensitive Personnel for Moderate-to-Severe Obstructive Sleep Apnea

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
Federal Railroad Administration

Federal Register Volume 81, Issue 110 (June 8, 2016)

Page Range36858-36859
FR Document2016-13564

FMCSA and FRA published an ANPRM on March 10, 2016, requesting certain information regarding the evaluation of safety sensitive personnel for moderate-to-severe obstructive sleep apnea (OSA). The comment period for the ANPRM is extended from June 8, 2016, to July 8, 2016.

Federal Register, Volume 81 Issue 110 (Wednesday, June 8, 2016)
[Federal Register Volume 81, Number 110 (Wednesday, June 8, 2016)]
[Proposed Rules]
[Pages 36858-36859]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-13564]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

49 CFR Part 391

Federal Railroad Administration

49 CFR Parts 240 and 242

[Docket Numbers FMCSA-2015-0419 and FRA-2015-0111]
RIN 2126-AB88 and 2130-AC52


Evaluation of Safety Sensitive Personnel for Moderate-to-Severe 
Obstructive Sleep Apnea

AGENCY: Federal Motor Carrier Safety Administration (FMCSA) and Federal 
Railroad Administration (FRA), Department of Transportation (DOT).

ACTION: Advance Notice of Proposed Rulemaking (ANPRM); extension of 
comment period.

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SUMMARY: FMCSA and FRA published an ANPRM on March 10, 2016, requesting 
certain information regarding the evaluation of safety sensitive 
personnel for moderate-to-severe obstructive sleep apnea (OSA). The 
comment period for the ANPRM is extended from June 8, 2016, to July 8, 
2016.

DATES:  The comment period for the ANPRM published in the Federal 
Register on March 10, 2016 (81 FR 12642) is extended. Comments on the 
ANPRM are due by July 8, 2016.

ADDRESSES: You may submit comments identified by either of the docket 
numbers listed at the beginning of this document using any one of the 
following methods:
    Federal Rulemaking Portal: www.regulations.gov.
    Fax: 202-493-2251.
    Mail: Docket Services (M-30), U.S. Department of Transportation, 
West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE., 
Washington, DC 20590-0001.
    Hand delivery: Same as mail address above, between 9 a.m. and 5 
p.m., Monday through Friday, except Federal holidays. The telephone 
number is 202-366-9329. To avoid duplication, please use only one of 
these four methods. See the ``Public Participation and Request for 
Comments'' heading under the SUPPLEMENTARY INFORMATION section below 
for instructions regarding submitting comments.

FOR FURTHER INFORMATION CONTACT: FMCSA: Ms. Christine Hydock, Chief of 
the Medical Programs Division, FMCSA, 1200 New Jersey Ave SE., 
Washington,

[[Page 36859]]

DC 20590-0001, by telephone at 202-366-4001, or by email at 
[email protected].
    FRA: Dr. Bernard Arseneau, Medical Director, Assurance and 
Compliance, FRA, 1200 New Jersey Avenue SE., Washington, DC 20590-0001, 
by telephone at 202-493-6232, or by email at [email protected].
    If you have questions about viewing or submitting material to the 
docket, call Ms. Cheryl Collins, Dockets Manager, Docket Services, 
telephone 202-493-0402.

SUPPLEMENTARY INFORMATION: 

Public Participation and Request for Comments

    FMCSA and FRA encourage 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-2015-0419 or FRA-2015-0111), 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 and FRA recommend 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 comment online, go to http://www.regulations.gov and 
enter either docket number, ``FMCSA-2015-0419'' or ``FRA-2015-0111'' 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. 
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 and FRA will consider all comments and material received 
during the comment period and may change this document based on your 
comments.

Viewing Comments and Documents

    To view comments, as well as documents available in the docket, go 
to http://www.regulations.gov and insert the docket number, ``FMCSA-
2015-0419'' or ``FRA-2015-0111'' in the ``Keyword'' box and click 
``Search.'' Next, click ``Open Docket Folder'' button and choose the 
document listed to review. If you do not have access to the Internet, 
you may view the docket online by visiting the Docket Management 
Facility in Room W12-140 on the ground floor of the DOT West Building, 
1200 New Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 
p.m., ET, Monday through Friday, except Federal holidays.

Privacy Act

    Under 5 U.S.C. 553(c), DOT solicits comments from the public to 
better inform its potential 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.

Background

    On May 18, 2016, the Owner Operator Independent Drivers Association 
(OOIDA) requested an extension to the comment period (Docket ID: FMCSA-
2015-0419-0348) in order to review the results from the American 
Transportation Research Institute (ATRI) Commercial Driver Survey on 
Sleep Apnea Issues (http://atri-online.org/2016/04/14/atri-launches-commercial-driver-survey-on-sleep-apnea-issues/). In its request, OOIDA 
stated that the survey will provide a comprehensive look at the impact 
of OSA screening and treatment within the motor carrier community that 
is beyond the information which any one carrier can provide. 
Furthermore, with this data in hand, OOIDA will be able to present a 
better analysis of the information requested by the ANPRM. ATRI 
released its survey results on Thursday, May 26, 2016.
    FMCSA and FRA believe that other potential commenters to this 
rulemaking will benefit from an extension as well. Accordingly, FMCSA 
and FRA extend the comment period for all comments on the ANPRM and its 
related documents to July 8, 2016.

    Issued under the authority of delegations in 49 CFR 1.87(f) and 
(i) and 49 CFR 1.89(a), respectively: June 2, 2016.
Larry W. Minor,
Associate Administrator for Policy, Federal Motor Carrier Safety 
Administration.
Robert C. Lauby,
Associate Administrator for Railroad Safety & Chief Safety Officer, 
Federal Railroad Administration.
[FR Doc. 2016-13564 Filed 6-7-16; 8:45 am]
 BILLING CODE 4910-EX-P



                                               36858                  Federal Register / Vol. 81, No. 110 / Wednesday, June 8, 2016 / Proposed Rules

                                               Order 13132 (64 FR 43255, August 10,                    Automobile Manufacturers, and                          DEPARTMENT OF TRANSPORTATION
                                               1999);                                                  Stephen E. Coran, on behalf of The
                                                  • Is not an economically significant                 Wireless Internet Service Providers                    Federal Motor Carrier Safety
                                               regulatory action based on health or                    Association.                                           Administration
                                               safety risks subject to Executive Order
                                               13045 (62 FR 19885, April 23, 1997);                    DATES: Oppositions to the Petitions                    49 CFR Part 391
                                                  • Is not a significant regulatory action             must be filed on or before June 23, 2016.
                                               subject to Executive Order 13211 (66 FR                 Replies to an opposition must be filed                 Federal Railroad Administration
                                               28355, May 22, 2001);                                   on or before July 5, 2016.
                                                  • Is not subject to requirements of                                                                         49 CFR Parts 240 and 242
                                               Section 12(d) of the National                           ADDRESSES:Federal Communications
                                                                                                       Commission, 445 12th Street SW.,                       [Docket Numbers FMCSA–2015–0419 and
                                               Technology Transfer and Advancement                                                                            FRA–2015–0111]
                                               Act of 1995 (15 U.S.C. 272 note) because                Washington, DC 20554.
                                               application of those requirements would                                                                        RIN 2126–AB88 and 2130–AC52
                                                                                                       FOR FURTHER INFORMATION CONTACT:               Aole
                                               be inconsistent with the CAA; and                       Wilkins, Policy and Rules Division,
                                                  • Does not provide EPA with the                      Office of Engineering and Technology,
                                                                                                                                                              Evaluation of Safety Sensitive
                                               discretionary authority to address, as                                                                         Personnel for Moderate-to-Severe
                                                                                                       (202) 418–2406, email: Aole.Wilkins@                   Obstructive Sleep Apnea
                                               appropriate, disproportionate human
                                                                                                       fcc.gov.
                                               health or environmental effects, using                                                                         AGENCY:  Federal Motor Carrier Safety
                                               practicable and legally permissible                     SUPPLEMENTARY INFORMATION:      This is a              Administration (FMCSA) and Federal
                                               methods, under Executive Order 12898                    summary of Commission’s document,                      Railroad Administration (FRA),
                                               (59 FR 7629, February 16, 1994).                        Report No. 3045, released May 20, 2016.                Department of Transportation (DOT).
                                               In addition, the SIP is not approved to                 The full text of the Petitions is available            ACTION: Advance Notice of Proposed
                                               apply on any Indian reservation land or                 for viewing and copying at the FCC                     Rulemaking (ANPRM); extension of
                                               in any other area where EPA or an                       Reference Information Center, 445 12th                 comment period.
                                               Indian tribe has demonstrated that a                    Street SW., Room CY–A257,
                                               tribe has jurisdiction. In those areas of               Washington, DC 20554 or may be                         SUMMARY:   FMCSA and FRA published
                                               Indian country, the rule does not have                  accessed online via the Commission’s                   an ANPRM on March 10, 2016,
                                               tribal implications as specified by                     Electronic Comment Filing System at                    requesting certain information regarding
                                               Executive Order 13175 (65 FR 67249,                                                                            the evaluation of safety sensitive
                                                                                                       http://apps.fcc.gov/ecfs/. The
                                               November 9, 2000), nor will it impose                                                                          personnel for moderate-to-severe
                                                                                                       Commission will not send a copy of this
                                               substantial direct costs on tribal                                                                             obstructive sleep apnea (OSA). The
                                               governments or preempt tribal law.                      Notice pursuant to the Congressional                   comment period for the ANPRM is
                                                                                                       Review Act, 5 U.S.C. 801(a)(1)(A),                     extended from June 8, 2016, to July 8,
                                               List of Subjects in 40 CFR Part 52                      because this Notice does not have an                   2016.
                                                 Environmental protection, Air                         impact on any rules of particular
                                                                                                                                                              DATES: The comment period for the
                                               pollution control, Incorporation by                     applicability.                                         ANPRM published in the Federal
                                               reference, Intergovernmental relations,                   Subject: In the Matter of Revision of                Register on March 10, 2016 (81 FR
                                               Particulate matter, Reporting and                       Part 15 of the Commission’s Rules to                   12642) is extended. Comments on the
                                               recordkeeping requirements, Volatile                    Permit Unlicensed National Information                 ANPRM are due by July 8, 2016.
                                               organic compounds.                                      Infrastructure (U–NII) Devices in the 5                ADDRESSES: You may submit comments
                                                  Authority: 42 U.S.C. 7401 et seq.                    GHz Band, published at 81 FR 19896,                    identified by either of the docket
                                                 Dated: May 26, 2016.                                  April 6, 2016, and FCC 16–24. This                     numbers listed at the beginning of this
                                               Heather McTeer Toney,                                   Notice is being published pursuant to 47               document using any one of the
                                               Regional Administrator, Region 4.                       CFR 1.429(e). See also 47 CFR 1.4(b)(1).               following methods:
                                                                                                         Number of Petitions Filed: 3.                          Federal Rulemaking Portal:
                                               [FR Doc. 2016–13601 Filed 6–7–16; 8:45 am]
                                                                                                                                                              www.regulations.gov.
                                               BILLING CODE 6560–50–P                                    Federal Communications Commission.                     Fax: 202–493–2251.
                                                                                                       Gloria J. Miles,                                         Mail: Docket Services (M–30), U.S.
                                                                                                       Federal Register Liaison Officer. Office of the        Department of Transportation, West
                                               FEDERAL COMMUNICATIONS                                  Secretary.                                             Building Ground Floor, Room W12–140,
                                               COMMISSION                                                                                                     1200 New Jersey Avenue SE.,
                                                                                                       [FR Doc. 2016–13485 Filed 6–7–16; 8:45 am]
                                                                                                                                                              Washington, DC 20590–0001.
                                               47 CFR Part 15                                          BILLING CODE P
                                                                                                                                                                Hand delivery: Same as mail address
                                               [ET Docket No. 13–49; Report No. 3045]                                                                         above, between 9 a.m. and 5 p.m.,
                                                                                                                                                              Monday through Friday, except Federal
                                               Petitions for Reconsideration of Action                                                                        holidays. The telephone number is 202–
                                               in Rulemaking Proceeding                                                                                       366–9329. To avoid duplication, please
                                               AGENCY:  Federal Communications                                                                                use only one of these four methods. See
                                               Commission.                                                                                                    the ‘‘Public Participation and Request
                                                                                                                                                              for Comments’’ heading under the
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                                               ACTION: Petitions for reconsideration.
                                                                                                                                                              SUPPLEMENTARY INFORMATION section
                                               SUMMARY:   Petitions for Reconsideration                                                                       below for instructions regarding
                                               (Petitions) have been filed in the                                                                             submitting comments.
                                               Commission’s Rulemaking proceeding                                                                             FOR FURTHER INFORMATION CONTACT:
                                               by James Arden Barnett, Jr., Esq., on                                                                          FMCSA: Ms. Christine Hydock, Chief of
                                               behalf of Global Automakers, Inc., Ari                                                                         the Medical Programs Division, FMCSA,
                                               Q. Fitzgerald, on behalf of Alliance of                                                                        1200 New Jersey Ave SE., Washington,


                                          VerDate Sep<11>2014   14:36 Jun 07, 2016   Jkt 238001   PO 00000   Frm 00049   Fmt 4702   Sfmt 4702   E:\FR\FM\08JNP1.SGM   08JNP1


                                                                      Federal Register / Vol. 81, No. 110 / Wednesday, June 8, 2016 / Proposed Rules                                                  36859

                                               DC 20590–0001, by telephone at 202–                     ‘‘Comment Now!’’ button and type your                  14 FDMS), which can be reviewed at
                                               366–4001, or by email at                                comment into the text box in the                       www.dot.gov/privacy.
                                               fmcsamedical@dot.gov.                                   following screen. Choose whether you
                                                                                                                                                              Background
                                                  FRA: Dr. Bernard Arseneau, Medical                   are submitting your comment as an
                                               Director, Assurance and Compliance,                     individual or on behalf of a third party                  On May 18, 2016, the Owner Operator
                                               FRA, 1200 New Jersey Avenue SE.,                        and then submit. If you submit your                    Independent Drivers Association
                                               Washington, DC 20590–0001, by                           comments by mail or hand delivery,                     (OOIDA) requested an extension to the
                                               telephone at 202–493–6232, or by email                  submit them in an unbound format, no                   comment period (Docket ID: FMCSA–
                                               at Bernard.arseneau@dot.gov.                            larger than 81⁄2 by 11 inches, suitable for            2015–0419–0348) in order to review the
                                                  If you have questions about viewing                  copying and electronic filing. If you                  results from the American
                                               or submitting material to the docket, call              submit comments by mail and would                      Transportation Research Institute
                                               Ms. Cheryl Collins, Dockets Manager,                    like to know that they reached the                     (ATRI) Commercial Driver Survey on
                                               Docket Services, telephone 202–493–                     facility, please enclose a stamped, self-              Sleep Apnea Issues (http://atri-
                                               0402.                                                   addressed postcard or envelope.                        online.org/2016/04/14/atri-launches-
                                                                                                          FMCSA and FRA will consider all                     commercial-driver-survey-on-sleep-
                                               SUPPLEMENTARY INFORMATION:                              comments and material received during                  apnea-issues/). In its request, OOIDA
                                               Public Participation and Request for                    the comment period and may change                      stated that the survey will provide a
                                               Comments                                                this document based on your comments.                  comprehensive look at the impact of
                                                                                                       Viewing Comments and Documents                         OSA screening and treatment within the
                                                 FMCSA and FRA encourage you to
                                                                                                                                                              motor carrier community that is beyond
                                               participate by submitting comments and                     To view comments, as well as                        the information which any one carrier
                                               related materials.                                      documents available in the docket, go to               can provide. Furthermore, with this data
                                               Submitting Comments                                     http://www.regulations.gov and insert                  in hand, OOIDA will be able to present
                                                                                                       the docket number, ‘‘FMCSA–2015–                       a better analysis of the information
                                                  If you submit a comment, please                      0419’’ or ‘‘FRA–2015–0111’’ in the
                                               include the docket number for this                                                                             requested by the ANPRM. ATRI released
                                                                                                       ‘‘Keyword’’ box and click ‘‘Search.’’                  its survey results on Thursday, May 26,
                                               document (FMCSA–2015–0419 or FRA–                       Next, click ‘‘Open Docket Folder’’
                                               2015–0111), indicate the specific                                                                              2016.
                                                                                                       button and choose the document listed                     FMCSA and FRA believe that other
                                               section of this document to which each                  to review. If you do not have access to
                                               comment applies, and provide a reason                                                                          potential commenters to this rulemaking
                                                                                                       the Internet, you may view the docket                  will benefit from an extension as well.
                                               for each suggestion or recommendation.                  online by visiting the Docket
                                               You may submit your comments and                                                                               Accordingly, FMCSA and FRA extend
                                                                                                       Management Facility in Room W12–140                    the comment period for all comments
                                               material online or by fax, mail, or hand                on the ground floor of the DOT West
                                               delivery, but please use only one of                                                                           on the ANPRM and its related
                                                                                                       Building, 1200 New Jersey Avenue SE.,                  documents to July 8, 2016.
                                               these means. FMCSA and FRA                              Washington, DC 20590, between 9 a.m.
                                               recommend that you include your name                    and 5 p.m., ET, Monday through Friday,                   Issued under the authority of delegations
                                               and a mailing address, an email address,                except Federal holidays.                               in 49 CFR 1.87(f) and (i) and 49 CFR 1.89(a),
                                               or a phone number in the body of your                                                                          respectively: June 2, 2016.
                                               document so the Agency can contact                      Privacy Act                                            Larry W. Minor,
                                               you if it has questions regarding your                    Under 5 U.S.C. 553(c), DOT solicits                  Associate Administrator for Policy, Federal
                                               submission.                                             comments from the public to better                     Motor Carrier Safety Administration.
                                                  To submit your comment online, go to                 inform its potential rulemaking process.               Robert C. Lauby,
                                               http://www.regulations.gov and enter                    DOT posts these comments, without                      Associate Administrator for Railroad Safety
                                               either docket number, ‘‘FMCSA–2015–                     edit, including any personal information               & Chief Safety Officer, Federal Railroad
                                               0419’’ or ‘‘FRA–2015–0111’’ in the                      the commenter provides, to                             Administration.
                                               ‘‘Keyword’’ box, and click ‘‘Search.’’                  www.regulations.gov, as described in                   [FR Doc. 2016–13564 Filed 6–7–16; 8:45 am]
                                               When the new screen appears, click on                   the system of records notice (DOT/ALL–                 BILLING CODE 4910–EX–P
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Document Created: 2016-06-08 03:10:43
Document Modified: 2016-06-08 03:10:43
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionAdvance Notice of Proposed Rulemaking (ANPRM); extension of comment period.
DatesThe comment period for the ANPRM published in the Federal Register on March 10, 2016 (81 FR 12642) is extended. Comments on the ANPRM are due by July 8, 2016.
ContactFMCSA: Ms. Christine Hydock, Chief of the Medical Programs Division, FMCSA, 1200 New Jersey Ave SE., Washington, DC 20590-0001, by telephone at 202-366-4001, or by email at [email protected]
FR Citation81 FR 36858 
RIN Number2126-AB88 and 2130-AC52
CFR Citation49 CFR 240
49 CFR 242
49 CFR 391

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