81_FR_71363 81 FR 71164 - Qualification of Drivers; Exemption Applications; Epilepsy and Seizure Disorders

81 FR 71164 - Qualification of Drivers; Exemption Applications; Epilepsy and Seizure Disorders

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration

Federal Register Volume 81, Issue 199 (October 14, 2016)

Page Range71164-71166
FR Document2016-24924

FMCSA announces its decision to renew exemptions of four 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.

Federal Register, Volume 81 Issue 199 (Friday, October 14, 2016)
[Federal Register Volume 81, Number 199 (Friday, October 14, 2016)]
[Notices]
[Pages 71164-71166]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-24924]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2013-0107]


Qualification of Drivers; Exemption Applications; Epilepsy and 
Seizure Disorders

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

ACTION: Notice of renewal of exemptions; request for comments.

-----------------------------------------------------------------------

SUMMARY: FMCSA announces its decision to renew exemptions of four 
individuals from the requirement in the Federal Motor Carrier Safety 
Regulations (FMCSRs) that interstate commercial motor vehicle (CMV) 
drivers have ``no established medical history or clinical diagnosis of 
epilepsy or any other condition which is likely to cause loss of 
consciousness or any loss of ability to control a CMV.'' The exemptions 
enable these individuals who have had one or more seizures and are 
taking anti-seizure medication to continue to operate CMVs in 
interstate commerce.

DATES: The exemptions were effective on November 6, 2015. The 
exemptions will expire on November 6, 2017. Comments must be received 
on or before November 14, 2016.

ADDRESSES: You may submit comments bearing the Federal Docket 
Management System (FDMS) Docket No. FMCSA-2013-0107 using any of the 
following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the online instructions for submitting 
comments.
     Mail: Docket Management Facility; U.S. Department of 
Transportation, 1200 New Jersey Avenue SE., West Building

[[Page 71165]]

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, between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal Holidays.
     Fax: 1-202-493-2251.
    Instructions: Each submission must include the Agency name and the 
docket number(s) for this notice. Note that all comments received will 
be posted without change to http://www.regulations.gov, including any 
personal information provided. Please see the Privacy Act heading below 
for further information.
    Docket: For access to the docket to read background documents or 
comments, go to http://www.regulations.gov at any time or 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., Monday through Friday, 
except Federal holidays. The FDMS is available 24 hours each day, 365 
days each year. If you want acknowledgment that we received your 
comments, please include a self-addressed, stamped envelope or postcard 
or print the acknowledgement page that appears after submitting 
comments online.
    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 http://www.regulations.gov, as described in 
the system of records notice (DOT/ALL-14 FDMS), which can be reviewed 
at http://www.dot.gov/privacy.

FOR FURTHER INFORMATION CONTACT: Ms. Christine A. Hydock, Chief, 
Medical Programs Division, 202-366-4001, [email protected], FMCSA, 
Department of Transportation, 1200 New Jersey Avenue SE., Room W64-224, 
Washington, DC 20590-0001. Office hours are from 8:30 a.m. to 5 p.m., 
e.t., Monday through Friday, except Federal holidays. If you have 
questions regarding viewing or submitting material to the docket, 
contact Docket Services, telephone (202) 366-9826.

SUPPLEMENTARY INFORMATION: 

I. Background

    Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption 
for two years 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 two-year period.
    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 to assist Medical Examiners in determining whether drivers 
with certain medical conditions are qualified to operate a CMV in 
interstate commerce. [49 CFR part 391, APPENDIX A TO PART 391--MEDICAL 
ADVISORY CRITERIA, section H. Epilepsy: Sec.  391.41(b)(8), paragraphs 
3, 4, and 5.]
    The four individuals listed in this notice have requested renewal 
of their exemptions from the Epilepsy and Seizure Disorders prohibition 
in 49 CFR 391.41(b)(8), in accordance with FMCSA procedures. 
Accordingly, FMCSA has evaluated these applications for renewal on 
their merits and decided to extend each exemption for a renewable two-
year period.

II. 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, FMCSA will take immediate steps to revoke the 
exemption of a driver.

III. Basis for Renewing Exemptions

    Under 49 U.S.C. 31315(b)(1), an exemption may be granted for no 
longer than two years from its approval date and may be renewed upon 
application. In accordance with 49 U.S.C. 31136(e) and 31315, each of 
the four applicants has satisfied the conditions for obtaining an 
exemption from the Epilepsy and Seizure Disorder requirements and were 
published in the Federal Register (78 FR 67449). In addition, for 
Commercial Driver's License (CDL) holders, the Commercial Driver's 
License information System (CDLIS) and the Motor Carrier Management 
Information System (MCMIS) are searched for crash and violation data. 
For non-CDL holders, the Agency reviews the driving records from the 
State Driver's Licensing Agency (SDLA). These factors provide an 
adequate basis for predicting each driver's ability to continue to 
safely operate a CMV in interstate commerce.
    The four 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 two-year exemption period. FMCSA has 
concluded that renewing the exemptions for each of these applicants is 
likely to achieve a level of safety equal to that existing without the 
exemption. Therefore, FMCSA has decided to renew each exemption for a 
two-year period. In accordance with 49 U.S.C. 31136(e) and 31315, each 
driver has received a renewed exemption.
    As of November 6, 2015, the following four drivers has satisfied 
the renewal conditions for obtaining an exemption from the Epilepsy and 
Seizure Disorders prohibition in 49 CFR 391.41(b)(8), from driving CMVs 
in interstate commerce (78 FR 67449): Christopher Bird (OH); Edward 
Nissenbaum (PA); Stephen Stawinsky (PA); and George Webb (MA). The 
drivers were included in FMCSA-2013-0107. The exemptions were effective 
on November 6, 2015, and will expire on November 6, 2017.

IV. 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 two-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 Medical Examiner, as defined by 49 CFR 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 self-employed. 
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

[[Page 71166]]

the goals and objectives of 49 U.S.C. 31136(e) and 31315.

V. 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.

VI. Conclusion

    Based upon its evaluation of the four exemption applications, FMCSA 
renews the exemptions of the aforementioned drivers from the Epilepsy 
and Seizure Disorders requirement in 49 CFR 391.41 (b)(8). In 
accordance with 49 U.S.C. 31136(e) and 31315, each exemption will be 
valid for two years unless revoked earlier by FMCSA.

    Issued on: October 7, 2016.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2016-24924 Filed 10-13-16; 8:45 am]
 BILLING CODE 4910-EX-P



                                               71164                         Federal Register / Vol. 81, No. 199 / Friday, October 14, 2016 / Notices

                                               reflect the airspace action. The revised                Accelerated Innovation Deployment                     clarify that a project must be authorized
                                               legal descriptions do not change the                    (AID) Demonstration funding.                          within 12 months of applying for AID
                                               special use airspace request or the                     DATES: The FHWA will use an open,                     Demonstration funding.
                                               analysis done in the Final EIS and the                  rolling solicitation. The project must be               Additional eligibility, application and
                                               Aeronautical Study. The modification to                 authorized within 12 months of                        submission information, as well as
                                               the legal description did not change the                applying for AID Demonstration                        FHWA application review information,
                                               area of analysis; therefore, the                        funding. Completed applications will be               remains as published in the FHWA’s
                                               environmental and aeronautical                          evaluated and award determinations                    NOFO dated September 1, 2016.
                                               analyses are still valid. The legal                     made on a rolling basis until the                       Authority: Section 52003 of Pub. L. 112–
                                               descriptions for the Boardman MOAs                      program ends or funding is no longer                  141; Section 6003 of Pub. L. 114–94; 23
                                               being established, as noted in this                     available. Applications must be                       U.S.C. 503.
                                               notice, will be published in the NFDD                   submitted through http://                               Issued on: October 5, 2016.
                                               with a November 10, 2016 effective                      www.grants.gov.
                                               date. A copy of the FAA Record of                                                                             Gregory G. Nadeau,
                                                                                                       ADDRESSES: Only applicants who                        Administrator, Federal Highway
                                               Decision is available on the FAA Web
                                                                                                       comply with all submission                            Administration.
                                               site.
                                                                                                       requirements described in this notice                 [FR Doc. 2016–24851 Filed 10–13–16; 8:45 am]
                                               Right of Appeal                                         and submit applications through                       BILLING CODE 4910–22–P
                                                 The Adoption/ROD for the changes to                   www.grants.gov will be eligible for
                                               the Boardman MOAs constitutes a final                   award.
                                               order of the FAA Administrator and is                   FOR FURTHER INFORMATION CONTACT: For                  DEPARTMENT OF TRANSPORTATION
                                               subject to exclusive judicial review                    questions about the AID Demonstration
                                               under 49 U.S.C. 46110 by the U.S.                       program discussed herein, contact Mr.                 Federal Motor Carrier Safety
                                               Circuit Court of Appeals for the District               Thomas Harman, Director, Center for                   Administration
                                               of Columbia or the U.S. Circuit Court of                Accelerating Innovation, Federal
                                               Appeals for the circuit in which the                    Highway Administration, 1200 New                      [Docket No. FMCSA–2013–0107]
                                               person contesting the decision resides                  Jersey Avenue SE., Washington, DC
                                               or has its principal place of business.                 20590, (202) 366–6377. For legal                      Qualification of Drivers; Exemption
                                               Any party having substantial interest in                questions, contact Ms. Seetha                         Applications; Epilepsy and Seizure
                                               this order may apply for review of the                  Srinivasan, Office of the Chief Counsel,              Disorders
                                               decision by filing a petition for review                Federal Highway Administration, 1200                  AGENCY: Federal Motor Carrier Safety
                                               in the appropriate U.S. Court of Appeals                New Jersey Avenue SE., Washington,                    Administration (FMCSA), DOT.
                                               no later than 60 days after the date of                 DC 20590, (202) 366–4099. Office hours
                                                                                                                                                             ACTION: Notice of renewal of
                                               this notice in accordance with the                      are from 8:00 a.m. to 4:30 p.m., e.t.,
                                                                                                                                                             exemptions; request for comments.
                                               provisions of 49 U.S.C. 46110. Any                      Monday through Friday, except Federal
                                               party seeking to stay implementation of                 holidays. A TDD is available for                      SUMMARY:   FMCSA announces its
                                               the action as stated in the ROD must file               individuals who are deaf or hard of                   decision to renew exemptions of four
                                               an application with the FAA prior to                    hearing at (202) 366–3993.                            individuals from the requirement in the
                                               seeking judicial relief as provided in                    Additionally, the notice, answers to                Federal Motor Carrier Safety
                                               Rule 18(a) of the Federal Rules of                      questions, requests for clarification, and            Regulations (FMCSRs) that interstate
                                               Appellate Procedure.                                    information about Webinars for further                commercial motor vehicle (CMV)
                                                 Dated: October 6, 2016.
                                                                                                       guidance will be posted at: http://                   drivers have ‘‘no established medical
                                                                                                       www.fhwa.dot.gov/innovation/grants/.                  history or clinical diagnosis of epilepsy
                                               Richard Roberts,
                                                                                                       Applicants are encouraged to contact                  or any other condition which is likely
                                               Acting Manager, Operations Support Group,
                                                                                                       FHWA directly to receive information                  to cause loss of consciousness or any
                                               Western Service Center.
                                                                                                       about AID Demonstration.                              loss of ability to control a CMV.’’ The
                                               [FR Doc. 2016–24890 Filed 10–13–16; 8:45 am]
                                                                                                       SUPPLEMENTARY INFORMATION:                            exemptions enable these individuals
                                               BILLING CODE 4910–13–P
                                                                                                       Electronic Access                                     who have had one or more seizures and
                                                                                                                                                             are taking anti-seizure medication to
                                                                                                         An electronic copy of this document                 continue to operate CMVs in interstate
                                               DEPARTMENT OF TRANSPORTATION
                                                                                                       may be downloaded from the Federal                    commerce.
                                               Federal Highway Administration                          Register Web site at http://
                                                                                                                                                             DATES: The exemptions were effective
                                                                                                       www.archives.gov and the Government
                                               [Docket No. FHWA–2013–0048]                             Publishing Office’s database at http://               on November 6, 2015. The exemptions
                                                                                                       www.access.gpo.gov/nara.                              will expire on November 6, 2017.
                                               Notice of Funding Opportunity for                                                                             Comments must be received on or
                                               Accelerated Innovation Deployment                       Background                                            before November 14, 2016.
                                               Demonstration                                             The FHWA posted its NOFO on                         ADDRESSES: You may submit comments
                                               AGENCY: Federal Highway                                 September 1, 2016, at 81 FR 60403. The                bearing the Federal Docket Management
                                               Administration (FHWA), Department of                    NOFO is identified as document                        System (FDMS) Docket No. FMCSA–
                                               Transportation (DOT).                                   number 2016–21063 on the docket.                      2013–0107 using any of the following
                                               ACTION: Notice of Correction.                           Section D. Application and Submission                 methods:
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                                                                                                       Information and section E. Application                  • Federal eRulemaking Portal: Go to
                                               SUMMARY:  This notice corrects                          Review Information, subsection I.1.i. of              http://www.regulations.gov. Follow the
                                               information in the September 1, 2016,                   the NOFO incorrectly identified the                   online instructions for submitting
                                               Notice of Funding Opportunity (NOFO)                    amount of time by which a project must                comments.
                                               at 81 FR 60403 in reference to the                      be authorized after applying for AID                    • Mail: Docket Management Facility;
                                               amount of time by which a project must                  Demonstration funding as 6 months.                    U.S. Department of Transportation, 1200
                                               be authorized after applying for                        The FHWA issues this correction to                    New Jersey Avenue SE., West Building


                                          VerDate Sep<11>2014   14:29 Oct 13, 2016   Jkt 241001   PO 00000   Frm 00126   Fmt 4703   Sfmt 4703   E:\FR\FM\14OCN1.SGM   14OCN1


                                                                             Federal Register / Vol. 81, No. 199 / Friday, October 14, 2016 / Notices                                           71165

                                               Ground Floor, Room W12–140,                             that would be achieved absent such                    violation data. For non-CDL holders, the
                                               Washington, DC 20590–0001.                              exemption.’’ The statute also allows the              Agency reviews the driving records
                                                 • Hand Delivery: West Building                        Agency to renew exemptions at the end                 from the State Driver’s Licensing
                                               Ground Floor, Room W12–140, 1200                        of the two-year period.                               Agency (SDLA). These factors provide
                                               New Jersey Avenue SE., Washington,                         The physical qualification standard                an adequate basis for predicting each
                                               DC, between 9 a.m. and 5 p.m., Monday                   for drivers regarding epilepsy found in               driver’s ability to continue to safely
                                               through Friday, except Federal                          49 CFR 391.41(b)(8) states that a person              operate a CMV in interstate commerce.
                                               Holidays.                                               is physically qualified to drive a CMV                   The four drivers in this notice remain
                                                 • Fax: 1–202–493–2251.                                if that person:                                       in good standing with the Agency, have
                                                 Instructions: Each submission must                       Has no established medical history or              maintained their medical monitoring
                                               include the Agency name and the                         clinical diagnosis of epilepsy or any other           and have not exhibited any medical
                                               docket number(s) for this notice. Note                  condition which is likely to cause the loss of        issues that would compromise their
                                               that all comments received will be                      consciousness or any loss of ability to control       ability to safely operate a CMV during
                                               posted without change to http://                        a CMV.
                                                                                                                                                             the previous two-year exemption
                                               www.regulations.gov, including any                        In addition to the regulations, FMCSA               period. FMCSA has concluded that
                                               personal information provided. Please                   has published advisory criteria to assist             renewing the exemptions for each of
                                               see the Privacy Act heading below for                   Medical Examiners in determining                      these applicants is likely to achieve a
                                               further information.                                    whether drivers with certain medical                  level of safety equal to that existing
                                                  Docket: For access to the docket to                  conditions are qualified to operate a                 without the exemption. Therefore,
                                               read background documents or                            CMV in interstate commerce. [49 CFR                   FMCSA has decided to renew each
                                               comments, go to http://                                 part 391, APPENDIX A TO PART 391—                     exemption for a two-year period. In
                                               www.regulations.gov at any time or                      MEDICAL ADVISORY CRITERIA,                            accordance with 49 U.S.C. 31136(e) and
                                               Room W12–140 on the ground level of                     section H. Epilepsy: § 391.41(b)(8),                  31315, each driver has received a
                                               the West Building, 1200 New Jersey                      paragraphs 3, 4, and 5.]                              renewed exemption.
                                               Avenue SE., Washington, DC, between 9                     The four individuals listed in this                    As of November 6, 2015, the following
                                               a.m. and 5 p.m., Monday through                         notice have requested renewal of their                four drivers has satisfied the renewal
                                               Friday, except Federal holidays. The                    exemptions from the Epilepsy and                      conditions for obtaining an exemption
                                               FDMS is available 24 hours each day,                    Seizure Disorders prohibition in 49 CFR               from the Epilepsy and Seizure Disorders
                                               365 days each year. If you want                         391.41(b)(8), in accordance with                      prohibition in 49 CFR 391.41(b)(8), from
                                               acknowledgment that we received your                    FMCSA procedures. Accordingly,                        driving CMVs in interstate commerce
                                               comments, please include a self-                        FMCSA has evaluated these
                                                                                                                                                             (78 FR 67449): Christopher Bird (OH);
                                               addressed, stamped envelope or                          applications for renewal on their merits
                                                                                                                                                             Edward Nissenbaum (PA); Stephen
                                               postcard or print the acknowledgement                   and decided to extend each exemption
                                                                                                                                                             Stawinsky (PA); and George Webb (MA).
                                               page that appears after submitting                      for a renewable two-year period.
                                                                                                                                                             The drivers were included in FMCSA–
                                               comments online.                                        II. Request for Comments                              2013–0107. The exemptions were
                                                  Privacy Act: In accordance with 5                                                                          effective on November 6, 2015, and will
                                               U.S.C. 553(c), DOT solicits comments                       Interested parties or organizations
                                                                                                       possessing information that would                     expire on November 6, 2017.
                                               from the public to better inform its
                                               rulemaking process. DOT posts these                     otherwise show that any, or all, of these             IV. Conditions and Requirements
                                               comments, without edit, including any                   drivers are not currently achieving the
                                                                                                       statutory level of safety should                        The exemptions are extended subject
                                               personal information the commenter                                                                            to the following conditions: (1) Each
                                               provides, to http://www.regulations.gov,                immediately notify FMCSA. The
                                                                                                       Agency will evaluate any adverse                      driver must remain seizure-free and
                                               as described in the system of records                                                                         maintain a stable treatment during the
                                               notice (DOT/ALL–14 FDMS), which can                     evidence submitted and, if safety is
                                                                                                       being compromised or if continuation of               two-year exemption period; (2) each
                                               be reviewed at http://www.dot.gov/                                                                            driver must submit annual reports from
                                               privacy.                                                the exemption would not be consistent
                                                                                                       with the goals and objectives of 49                   their treating physicians attesting to the
                                               FOR FURTHER INFORMATION CONTACT:     Ms.                U.S.C. 31136(e) and 31315, FMCSA will                 stability of treatment and that the driver
                                               Christine A. Hydock, Chief, Medical                     take immediate steps to revoke the                    has remained seizure-free; (3) each
                                               Programs Division, 202–366–4001,                        exemption of a driver.                                driver must undergo an annual medical
                                               fmcsamedical@dot.gov, FMCSA,                                                                                  examination by a certified Medical
                                               Department of Transportation, 1200                      III. Basis for Renewing Exemptions                    Examiner, as defined by 49 CFR 390.5;
                                               New Jersey Avenue SE., Room W64–                           Under 49 U.S.C. 31315(b)(1), an                    and (4) each driver must provide a copy
                                               224, Washington, DC 20590–0001.                         exemption may be granted for no longer                of the annual medical certification to
                                               Office hours are from 8:30 a.m. to 5                    than two years from its approval date                 the employer for retention in the
                                               p.m., e.t., Monday through Friday,                      and may be renewed upon application.                  driver’s qualification file, or keep a copy
                                               except Federal holidays. If you have                    In accordance with 49 U.S.C. 31136(e)                 of his/her driver’s qualification file if
                                               questions regarding viewing or                          and 31315, each of the four applicants                he/she is self-employed. The driver
                                               submitting material to the docket,                      has satisfied the conditions for                      must also have a copy of the exemption
                                               contact Docket Services, telephone (202)                obtaining an exemption from the                       when driving, for presentation to a duly
                                               366–9826.                                               Epilepsy and Seizure Disorder                         authorized Federal, State, or local
                                               SUPPLEMENTARY INFORMATION:                              requirements and were published in the                enforcement official. The exemption
rmajette on DSK2TPTVN1PROD with NOTICES




                                                                                                       Federal Register (78 FR 67449). In                    will be rescinded if: (1) The person fails
                                               I. Background                                           addition, for Commercial Driver’s                     to comply with the terms and
                                                  Under 49 U.S.C. 31136(e) and 31315,                  License (CDL) holders, the Commercial                 conditions of the exemption; (2) the
                                               FMCSA may grant an exemption for two                    Driver’s License information System                   exemption has resulted in a lower level
                                               years if it finds ‘‘such exemption would                (CDLIS) and the Motor Carrier                         of safety than was maintained before it
                                               likely achieve a level of safety that is                Management Information System                         was granted; or (3) continuation of the
                                               equivalent to or greater than the level                 (MCMIS) are searched for crash and                    exemption would not be consistent with


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                                               71166                         Federal Register / Vol. 81, No. 199 / Friday, October 14, 2016 / Notices

                                               the goals and objectives of 49 U.S.C.                   to the Office of Information and                         Registered motor carriers, brokers and
                                               31136(e) and 31315.                                     Regulatory Affairs, Office of                         freight forwarders must designate an
                                                                                                       Management and Budget. Comments                       agent on whom service of notices in
                                               V. Preemption
                                                                                                       should be addressed to the attention of               proceedings before the Secretary may be
                                                  During the period the exemption is in                the Desk Officer, Department of                       made (49 U.S.C. 13303). Registered
                                               effect, no State shall enforce any law or               Transportation/Federal Motor Carrier                  motor carriers must also designate an
                                               regulation that conflicts with this                     Safety Administration, and sent via                   agent for every State in which they
                                               exemption with respect to a person                      electronic mail to oira_submission@                   operate and traverse in the United States
                                               operating under the exemption.                          omb.eop.gov, or faxed to (202) 395–                   during such operations, agents on whom
                                                                                                       6974, or mailed to the Office of                      process issued by a court may be served
                                               VI. Conclusion
                                                                                                       Information and Regulatory Affairs,                   in actions brought against the registered
                                                 Based upon its evaluation of the four                 Office of Management and Budget,                      transportation entity (49 U.S.C. 13304,
                                               exemption applications, FMCSA renews                    Docket Library, Room 10102, 725 17th                  49 CFR 366.4). Every broker shall make
                                               the exemptions of the aforementioned                    Street NW., Washington, DC 20503.                     a designation for each State in which its
                                               drivers from the Epilepsy and Seizure                   FOR FURTHER INFORMATION CONTACT: Ms.                  offices are located or in which contracts
                                               Disorders requirement in 49 CFR 391.41                  Tura Gatling, Office of Registration and              are written (49 U.S.C. 13304, 49 CFR
                                               (b)(8). In accordance with 49 U.S.C.                    Safety Information, Department of                     366.4). Regulations governing the
                                               31136(e) and 31315, each exemption                      Transportation, Federal Motor Carrier                 designation of process agents are found
                                               will be valid for two years unless                      Safety Administration, 1200 New Jersey                at 49 CFR part 366. This designation is
                                               revoked earlier by FMCSA.                               Avenue SE., Washington, DC 20590–                     filed with the FMCSA on Form BOC–3,
                                                 Issued on: October 7, 2016.                           0001. Telephone Number: (202) 385–                    ‘‘Designation of Agents for Service of
                                               Larry W. Minor,                                         2412; Email Address: tura.gatling@                    Process.’’
                                                                                                       dot.gov. Office hours are from 8:00 a.m.                 Public Comments Invited: You are
                                               Associate Administrator for Policy.
                                                                                                       to 5:00 p.m., E.T., Monday through                    asked to comment on any aspect of this
                                               [FR Doc. 2016–24924 Filed 10–13–16; 8:45 am]
                                                                                                       Friday, except Federal holidays.                      information collection, including: (1)
                                               BILLING CODE 4910–EX–P                                                                                        Whether the proposed collection is
                                                                                                       SUPPLEMENTARY INFORMATION:
                                                                                                          Title: Designation of Agents, Motor                necessary for the performance of
                                                                                                       Carriers, Brokers and Freight                         FMCSA’s functions; (2) the accuracy of
                                               DEPARTMENT OF TRANSPORTATION                                                                                  the estimated burden; (3) ways for
                                                                                                       Forwarders.
                                               Federal Motor Carrier Safety                               OMB Control Number: 2126–0015.                     FMCSA to enhance the quality,
                                               Administration                                             Type of Request: Extension of a                    usefulness, and clarity of the collected
                                                                                                       currently approved collection.                        information; and (4) ways that the
                                               [Docket No. FMCSA–2016–0160]                               Respondents: Motor carriers, freight               burden could be minimized without
                                                                                                       forwarders and brokers.                               reducing the quality of the collected
                                               Agency Information Collection                              Estimated Number of Respondents:                   information.
                                               Activities; Extension of an Approved                    110,371 respondents in the first year
                                               Information Collection: Designation of                                                                          Issued under the authority delegated in 49
                                                                                                       [35,000 currently approved applicants                 CFR 1.87 on: October 7, 2016.
                                               Agents, Motor Carriers, Brokers and                     plus 75,371 new entrants].
                                               Freight Forwarders                                                                                            G. Kelly Regal,
                                                                                                          Estimated Time per Response: 10
                                                                                                                                                             Associate Administrator for Office of
                                               AGENCY: Federal Motor Carrier Safety                    minutes.                                              Research and Information Technology.
                                                                                                          Expiration Date: November 30, 2016.
                                               Administration (FMCSA), DOT.                               Frequency of Response: Form BOC–3                  [FR Doc. 2016–24963 Filed 10–13–16; 8:45 am]
                                               ACTION: Notice and request for                          must be filed by all motor carriers,                  BILLING CODE 4910–EX–P
                                               comments.                                               freight forwarders and brokers when the
                                                                                                       transportation entity first registers with
                                               SUMMARY:   In accordance with the                                                                             DEPARTMENT OF TRANSPORTATION
                                                                                                       the FMCSA. All brokers shall make a
                                               Paperwork Reduction Act of 1995,
                                                                                                       designation for each State in which it                Federal Motor Carrier Safety
                                               FMCSA announces its plan to submit
                                                                                                       has an office or in which contracts are               Administration
                                               the Information Collection Request (ICR)
                                                                                                       written. Subsequent filings are made
                                               described below to the Office of                                                                              [Docket No. FMCSA–2014–0213]
                                                                                                       only if the motor carrier, broker or
                                               Management and Budget (OMB) for
                                                                                                       freight forwarder changes process
                                               review and approval. The information                                                                          Qualification of Drivers; Exemption
                                                                                                       agents.
                                               collection request (ICR) titled,                                                                              Applications; Epilepsy and Seizure
                                                                                                          Estimated Total Annual Burden:
                                               ‘‘Designation of Agents, Motor Carriers,                                                                      Disorders
                                                                                                       18,395 hours [110,371 respondents
                                               Brokers and Freight Forwarders,’’ is
                                                                                                       times 10 minutes per response].                       AGENCY: Federal Motor Carrier Safety
                                               used to provide registered motor                           Background: The Secretary of
                                               carriers, property brokers, and freight                                                                       Administration (FMCSA), DOT.
                                                                                                       Transportation (Secretary) is authorized              ACTION: Notice of renewal of
                                               forwarders a means of meeting process                   to register motor carriers under the
                                               agent requirements.                                                                                           exemptions; request for comments.
                                                                                                       provisions of 49 U.S.C. 13902; freight
                                               DATES: We must receive your comments                    forwarders under the provisions of 49                 SUMMARY:   FMCSA announces its
                                               on or before November 14, 2016. OMB                     U.S.C. 13903; and property brokers                    decision to renew exemptions of four
                                               must receive your comments by this                      under provisions of 49 U.S.C. 13904.                  individuals from the requirement in the
rmajette on DSK2TPTVN1PROD with NOTICES




                                               date in order to act quickly on the ICR.                These persons may conduct                             Federal Motor Carrier Safety
                                               ADDRESSES: All comments should                          transportation services only if they are              Regulations (FMCSRs) that interstate
                                               reference Federal Docket Management                     registered pursuant to 49 U.S.C. 13901.               commercial motor vehicle (CMV)
                                               System (FDMS) Docket Number                             The Secretary has delegated authority                 drivers have ‘‘no established medical
                                               FMCSA–2016–0160. Interested persons                     pertaining to these registration                      history or clinical diagnosis of epilepsy
                                               are invited to submit written comments                  requirements to the FMCSA pursuant to                 or any other condition which is likely
                                               on the proposed information collection                  49 CFR 1.73(a)(5).                                    to cause loss of consciousness or any


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Document Created: 2016-10-14 00:01:33
Document Modified: 2016-10-14 00:01:33
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice of renewal of exemptions; request for comments.
DatesThe exemptions were effective on November 6, 2015. The exemptions will expire on November 6, 2017. Comments must be received on or before November 14, 2016.
ContactMs. Christine A. Hydock, Chief, Medical Programs Division, 202-366-4001, [email protected], FMCSA, Department of Transportation, 1200 New Jersey Avenue SE., Room W64-224, Washington, DC 20590-0001. Office hours are from 8:30 a.m. to 5 p.m., e.t., Monday through Friday, except Federal holidays. If you have questions regarding viewing or submitting material to the docket, contact Docket Services, telephone (202) 366-9826.
FR Citation81 FR 71164 

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