81_FR_71368 81 FR 71169 - Motor Carrier Safety Advisory Committee (MCSAC) and Medical Review Board (MRB) Meetings: Public Meetings

81 FR 71169 - Motor Carrier Safety Advisory Committee (MCSAC) and Medical Review Board (MRB) Meetings: Public Meetings

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration

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

Page Range71169-71170
FR Document2016-24927

FMCSA announces a joint meeting of its Motor Carrier Safety Advisory Committee (MCSAC) and Medical Review Board (MRB) on Monday, October 24, 2016. Together, the MCSAC and MRB will receive an update on the Driver Health and Wellness Initiative, a non-regulatory public- private partnership of stakeholders to improve drivers' health, and a preview of its Web page. The MRB will report on its revised recommendations on obstructive sleep apnea (OSA) based on its evaluation of the comments from the joint Advance Notice of Proposed Rulemaking (ANPRM) that the Agency issued with the Federal Railroad Administration. Additionally, the MCSAC will discuss how the implementation of these recommendations may impact current and future populations of drivers. On October 25, the MCSAC will meet separately to complete its review of the Agency's regulatory guidance and the MRB will meet to discuss how to incorporate recently issued warnings from the Food and Drug Administration (FDA) on narcotics and benzodiazepines. The meetings are open to the public for their entirety.

Federal Register, Volume 81 Issue 199 (Friday, October 14, 2016)
[Federal Register Volume 81, Number 199 (Friday, October 14, 2016)]
[Notices]
[Pages 71169-71170]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-24927]


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

DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket Nos. FMCSA-2008-0362 and FMCSA-2006-26367]


Motor Carrier Safety Advisory Committee (MCSAC) and Medical 
Review Board (MRB) Meetings: Public Meetings

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

ACTION: Announcement of advisory committee public meetings.

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

SUMMARY: FMCSA announces a joint meeting of its Motor Carrier Safety 
Advisory Committee (MCSAC) and Medical Review Board (MRB) on Monday, 
October 24, 2016. Together, the MCSAC and MRB will receive an update on 
the Driver Health and Wellness Initiative, a non-regulatory public-
private partnership of stakeholders to improve drivers' health, and a 
preview of its Web page. The MRB will report on its revised 
recommendations on obstructive sleep apnea (OSA) based on its 
evaluation of the comments from the joint Advance Notice of Proposed 
Rulemaking (ANPRM) that the Agency issued with the Federal Railroad 
Administration. Additionally, the MCSAC will discuss how the 
implementation of these recommendations may impact current and future 
populations of drivers. On October 25, the MCSAC will meet separately 
to complete its review of the Agency's regulatory guidance and the MRB 
will meet to discuss how to incorporate recently issued warnings from 
the Food and Drug Administration (FDA) on narcotics and 
benzodiazepines. The meetings are open to the public for their 
entirety.

DATES: The joint meeting will be held on Monday, October 24, 2016, from 
9:15 a.m. to 5 p.m., Eastern Time (E.T.). On Tuesday, October 25, the 
MCSAC and MRB will meet separately. Copies of all task statements and 
an agenda for the entire meeting will be made available in advance of 
the meeting at http://mrb.fmcsa.dot.gov and http://mcsac.fmcsa.dot.gov.

ADDRESSES: The meetings will take place at the National Association of 
Homebuilders (NAHB), 1201 Fifteenth Street NW., Washington, DC 20005.

FOR FURTHER INFORMATION CONTACT: Ms. Shannon L. Watson, Senior Policy 
Advisor, Federal Motor Carrier Safety Administration, U.S. Department 
of Transportation, 1200 New Jersey Avenue SE., Washington, DC 20590, 
(202) 366-5221, [email protected].
    Services for Individuals with Disabilities: For information on 
facilities or services for individuals with disabilities or to request 
special assistance at the meeting, contact Eran Segev at (617) 494-
3174, [email protected], by Wednesday, October 19.

SUPPLEMENTARY INFORMATION:

I. Background

MCSAC

    Section 4144 of the Safe, Accountable, Flexible, Efficient 
Transportation Equity Act: A Legacy for Users (SAFETEA-LU, Pub. L. 109-
59, 119 Stat. 1144, August 10, 2005) required the Secretary of 
Transportation to establish the MCSAC. The Moving Ahead for Progress in 
the 21st Century Act (MAP-21, Pub. L. 112-141) reauthorized the MCSAC 
through September 30, 2013, at which time its statutory authority 
expired, necessitating the establishment of MCSAC as a discretionary 
committee under FACA. Secretary Foxx established that effective 
September 30, 2013, through September 30, 2015. MCSAC provides advice 
and recommendations to the FMCSA Administrator on motor carrier safety 
programs and regulations, and operates in accordance with the Federal 
Advisory Committee Act (FACA, 5 U.S.C. App 2).
    The MCSAC began considering Task 16-1, Review of Regulatory 
Guidance, at its June 2016 meeting to provide recommendations to the 
Agency concerning implementation of section 5203 of the FAST Act to: 
(1) Prioritize regulatory guidance that should be incorporated into the 
safety regulations to promote clear, consistent, and enforceable rules; 
(2) identify regulatory guidance that appears to be inconsistent with 
the intent of the safety regulations or makes enforcement of key safety 
requirements difficult; and (3) identify guidance that should remain in 
place.
    Additionally, the MCSAC and MRB began considering Joint Task 15-3, 
on Driver Health and Wellness, at its joint meeting in September 2015. 
The task is to provide recommendations to the Agency on the structure, 
content, and methods for determining the effectiveness of a public-
private partnership to promote commercial motor vehicle (CMV) driver 
wellness. To reach that goal, the MCSAC and MRB chairmen appointed a 
joint subcommittee that included members of both advisory committees 
and stakeholders.

[[Page 71170]]

MRB

    Section 4116 of SAFETEA-LU requires the Secretary of 
Transportation, with the advice of the MRB and the chief medical 
examiner, to establish, review, and revise ``medical standards for 
operators of commercial motor vehicles that will ensure that the 
physical condition of operators of commercial motor vehicles is 
adequate to enable them to operate the vehicles safely.'' The MRB 
operates in accordance with FACA under the terms of its charter, filed 
November 25, 2013.
    At its meeting in August 2016, the MRB began consideration of Task 
16-1, which is to provide recommendations to the Agency on the 
disposition of comments from medical professionals and associations to 
the Agency's and the Federal Railroad Administration's (FRA) Advance 
Notice of Proposed Rulemaking (ANPRM) on safety-sensitive rail and 
commercial motor vehicle (CMV) drivers with moderate to severe 
Obstructive Sleep Apnea (OSA).

II. Meeting Participation

    Oral comments from the public will be heard throughout the meeting, 
at the discretion of the MCSAC and MRB chairmen. Members of the public 
may submit written comments on the topics to be considered during the 
meeting by Wednesday, October 19, to Federal Docket Management System 
(FDMC) Docket Number FMCSA-2008-0362 for the MRB and FMCSA-2006-26367 
for the MCSAC using any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the online instructions for submitting 
comments.
     Fax: 202-493-2251.
     Mail: Docket Management Facility; U.S. Department of 
Transportation, 1200 New Jersey Avenue SE., West Building, Room W12-
140, Washington, DC 20590.
     Hand Delivery: U.S. Department of Transportation, 1200 New 
Jersey Avenue SE., Room W12-140, Washington, DC, between 9 a.m. and 5 
p.m., E.T. Monday through Friday, except Federal holidays.

    Issued on: October 7, 2016.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2016-24927 Filed 10-13-16; 8:45 am]
 BILLING CODE 4910-EX-P



                                                                             Federal Register / Vol. 81, No. 199 / Friday, October 14, 2016 / Notices                                           71169

                                                 Respondents: Drivers who complete                     DEPARTMENT OF TRANSPORTATION                          Avenue SE., Washington, DC 20590,
                                               LCV training each year, current LCV                                                                           (202) 366–5221, mcsac@dot.gov.
                                               drivers who submit their LCV Driver-                    Federal Motor Carrier Safety                            Services for Individuals with
                                               Training Certificate to prospective                     Administration
                                                                                                                                                             Disabilities: For information on facilities
                                               employers, and employers (motor                                                                               or services for individuals with
                                               carriers) receiving and maintaining                     [Docket Nos. FMCSA–2008–0362 and                      disabilities or to request special
                                               copies of the LCV Driver-Training                       FMCSA–2006–26367]                                     assistance at the meeting, contact Eran
                                               certificates of their drivers.                                                                                Segev at (617) 494–3174, eran.segev@
                                                                                                       Motor Carrier Safety Advisory
                                                 Estimated Number of Respondents:                      Committee (MCSAC) and Medical                         dot.gov, by Wednesday, October 19.
                                               59,684 consisting of 2,360 newly-                       Review Board (MRB) Meetings: Public                   SUPPLEMENTARY INFORMATION:
                                               certified LCV drivers plus 28,662                       Meetings
                                               currently-certified LCV drivers plus                                                                          I. Background
                                               28,662 motor carriers employing LCV                     AGENCY: Federal Motor Carrier Safety
                                                                                                       Administration (FMCSA), DOT.                          MCSAC
                                               drivers.
                                                                                                       ACTION: Announcement of advisory                         Section 4144 of the Safe, Accountable,
                                                 Estimated Time per Response: 10
                                                                                                       committee public meetings.                            Flexible, Efficient Transportation Equity
                                               minutes for preparation of LCV Driver-
                                               Training Certificates for drivers who                                                                         Act: A Legacy for Users (SAFETEA–LU,
                                                                                                       SUMMARY:   FMCSA announces a joint
                                               successfully complete the LCV training,                                                                       Pub. L. 109–59, 119 Stat. 1144, August
                                                                                                       meeting of its Motor Carrier Safety
                                               and 10 minutes for activities associated                                                                      10, 2005) required the Secretary of
                                                                                                       Advisory Committee (MCSAC) and
                                               with the LCV Driver-Training Certificate                Medical Review Board (MRB) on                         Transportation to establish the MCSAC.
                                               during the hiring process.                              Monday, October 24, 2016. Together,                   The Moving Ahead for Progress in the
                                                                                                       the MCSAC and MRB will receive an                     21st Century Act (MAP–21, Pub. L. 112–
                                                 Expiration Date: May 31, 2017.                                                                              141) reauthorized the MCSAC through
                                                                                                       update on the Driver Health and
                                                 Frequency of Response: On occasion.                   Wellness Initiative, a non-regulatory                 September 30, 2013, at which time its
                                                 Estimated Total Annual Burden:                        public-private partnership of                         statutory authority expired,
                                               5,565 hours. The total number of drivers                stakeholders to improve drivers’ health,              necessitating the establishment of
                                               who will be subjected to these                          and a preview of its Web page. The MRB                MCSAC as a discretionary committee
                                               requirements each year is 31,022,                       will report on its revised                            under FACA. Secretary Foxx established
                                               consisting of 2,360 newly-certified LCV                 recommendations on obstructive sleep                  that effective September 30, 2013,
                                               drivers, and 28,662 currently-certified                 apnea (OSA) based on its evaluation of                through September 30, 2015. MCSAC
                                               LCV drivers obtaining new employment.                   the comments from the joint Advance                   provides advice and recommendations
                                               The total annual information collection                 Notice of Proposed Rulemaking                         to the FMCSA Administrator on motor
                                               burden is approximately 5,565 hours,                    (ANPRM) that the Agency issued with                   carrier safety programs and regulations,
                                                                                                       the Federal Railroad Administration.                  and operates in accordance with the
                                               consisting of 394 hours for preparation
                                                                                                       Additionally, the MCSAC will discuss                  Federal Advisory Committee Act
                                               of LCV Driver-Training Certificates
                                                                                                       how the implementation of these                       (FACA, 5 U.S.C. App 2).
                                               [2,360 drivers successfully completing
                                               LCV driver training × 10 minutes ÷ 60                   recommendations may impact current                       The MCSAC began considering Task
                                                                                                       and future populations of drivers. On                 16–1, Review of Regulatory Guidance, at
                                               minutes/hour] and 5,171 hours for
                                                                                                       October 25, the MCSAC will meet                       its June 2016 meeting to provide
                                               requirements related to the hiring of
                                                                                                       separately to complete its review of the              recommendations to the Agency
                                               LCV drivers [31,022 LCV drivers
                                                                                                       Agency’s regulatory guidance and the                  concerning implementation of section
                                               obtaining new employment × 10                           MRB will meet to discuss how to
                                               minutes ÷ 60 minutes/hour].                                                                                   5203 of the FAST Act to: (1) Prioritize
                                                                                                       incorporate recently issued warnings                  regulatory guidance that should be
                                                 Public Comments Invited: You are                      from the Food and Drug Administration                 incorporated into the safety regulations
                                               asked to comment on any aspect of this                  (FDA) on narcotics and                                to promote clear, consistent, and
                                               information collection, including: (1)                  benzodiazepines. The meetings are open                enforceable rules; (2) identify regulatory
                                               Whether the proposed collection is                      to the public for their entirety.                     guidance that appears to be inconsistent
                                               necessary for FMCSA’s performance; (2)                  DATES: The joint meeting will be held on              with the intent of the safety regulations
                                               the accuracy of the estimated burden;                   Monday, October 24, 2016, from 9:15                   or makes enforcement of key safety
                                               (3) ways for FMCSA to enhance the                       a.m. to 5 p.m., Eastern Time (E.T.). On               requirements difficult; and (3) identify
                                               quality, usefulness, and clarity of the                 Tuesday, October 25, the MCSAC and                    guidance that should remain in place.
                                               collected information; and                              MRB will meet separately. Copies of all
                                                                                                                                                                Additionally, the MCSAC and MRB
                                                 (4) ways that the burden could be                     task statements and an agenda for the
                                                                                                                                                             began considering Joint Task 15–3, on
                                               minimized without reducing the quality                  entire meeting will be made available in
                                                                                                                                                             Driver Health and Wellness, at its joint
                                                                                                       advance of the meeting at http://
                                               of the collected information. The                                                                             meeting in September 2015. The task is
                                                                                                       mrb.fmcsa.dot.gov and http://
                                               Agency will summarize or include your                                                                         to provide recommendations to the
                                                                                                       mcsac.fmcsa.dot.gov.
                                               comments in the request for OMB’s                                                                             Agency on the structure, content, and
                                               clearance of this information collection.               ADDRESSES:   The meetings will take                   methods for determining the
                                                                                                       place at the National Association of                  effectiveness of a public-private
                                                 Issued under the authority of 49 CFR 1.87
rmajette on DSK2TPTVN1PROD with NOTICES




                                                                                                       Homebuilders (NAHB), 1201 Fifteenth                   partnership to promote commercial
                                               on: October 7, 2016.
                                                                                                       Street NW., Washington, DC 20005.                     motor vehicle (CMV) driver wellness.
                                               G. Kelly Regal,
                                                                                                       FOR FURTHER INFORMATION CONTACT: Ms.                  To reach that goal, the MCSAC and
                                               Associate Administrator, Office of Research             Shannon L. Watson, Senior Policy                      MRB chairmen appointed a joint
                                               and Information Technology.                             Advisor, Federal Motor Carrier Safety                 subcommittee that included members of
                                               [FR Doc. 2016–24928 Filed 10–13–16; 8:45 am]            Administration, U.S. Department of                    both advisory committees and
                                               BILLING CODE 4910–EX–P                                  Transportation, 1200 New Jersey                       stakeholders.


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                                               71170                         Federal Register / Vol. 81, No. 199 / Friday, October 14, 2016 / Notices

                                               MRB                                                     DEPARTMENT OF TRANSPORTATION                          through Friday, except Federal
                                                                                                                                                             Holidays.
                                                 Section 4116 of SAFETEA–LU                            Federal Motor Carrier Safety                            • Fax: 1–202–493–2251.
                                               requires the Secretary of Transportation,               Administration                                           Instructions: Each submission must
                                               with the advice of the MRB and the                                                                            include the Agency name and the
                                                                                                       [Docket No. FMCSA–2013–0443]
                                               chief medical examiner, to establish,                                                                         docket number(s) for this notice. Note
                                               review, and revise ‘‘medical standards                  Qualification of Drivers; Exemption                   that all comments received will be
                                               for operators of commercial motor                       Applications; Epilepsy and Seizure                    posted without change to http://
                                               vehicles that will ensure that the                      Disorders                                             www.regulations.gov, including any
                                               physical condition of operators of                                                                            personal information provided. Please
                                               commercial motor vehicles is adequate                   AGENCY: Federal Motor Carrier Safety                  see the Privacy Act heading below for
                                               to enable them to operate the vehicles                  Administration (FMCSA), DOT.                          further information.
                                               safely.’’ The MRB operates in                           ACTION: Notice of renewal of                             Docket: For access to the docket to
                                               accordance with FACA under the terms                    exemptions; request for comments.                     read background documents or
                                               of its charter, filed November 25, 2013.                                                                      comments, go to http://
                                                                                                       SUMMARY:    FMCSA announces its                       www.regulations.gov at any time or
                                                 At its meeting in August 2016, the                    decision to renew exemptions of five                  Room W12–140 on the ground level of
                                               MRB began consideration of Task 16–1,                   individuals from the requirement in the               the West Building, 1200 New Jersey
                                               which is to provide recommendations to                  Federal Motor Carrier Safety                          Avenue SE., Washington, DC, between 9
                                               the Agency on the disposition of                        Regulations (FMCSRs) that interstate                  a.m. and 5 p.m., Monday through
                                               comments from medical professionals                     commercial motor vehicle (CMV)                        Friday, except Federal holidays. The
                                               and associations to the Agency’s and the                drivers have ‘‘no established medical                 FDMS is available 24 hours each day,
                                               Federal Railroad Administration’s (FRA)                 history or clinical diagnosis of epilepsy             365 days each year. If you want
                                               Advance Notice of Proposed                              or any other condition which is likely                acknowledgment that we received your
                                               Rulemaking (ANPRM) on safety-                           to cause loss of consciousness or any                 comments, please include a self-
                                               sensitive rail and commercial motor                     loss of ability to control a CMV.’’ The               addressed, stamped envelope or
                                               vehicle (CMV) drivers with moderate to                  exemptions enable these individuals                   postcard or print the acknowledgement
                                               severe Obstructive Sleep Apnea (OSA).                   who have had one or more seizures and                 page that appears after submitting
                                                                                                       are taking anti-seizure medication to                 comments online.
                                               II. Meeting Participation                               continue to operate CMVs in interstate                   Privacy Act: In accordance with 5
                                                                                                       commerce.                                             U.S.C. 553(c), DOT solicits comments
                                                 Oral comments from the public will
                                                                                                       DATES: The exemptions were effective                  from the public to better inform its
                                               be heard throughout the meeting, at the
                                                                                                       on May 19, 2016. The exemptions will                  rulemaking process. DOT posts these
                                               discretion of the MCSAC and MRB
                                                                                                       expire on May 19, 2018. Comments                      comments, without edit, including any
                                               chairmen. Members of the public may                     must be received on or before November
                                               submit written comments on the topics                                                                         personal information the commenter
                                                                                                       14, 2016.                                             provides, to http://www.regulations.gov,
                                               to be considered during the meeting by
                                                                                                       FOR FURTHER INFORMATION CONTACT: Ms.                  as described in the system of records
                                               Wednesday, October 19, to Federal
                                                                                                       Christine A. Hydock, Chief, Medical                   notice (DOT/ALL–14 FDMS), which can
                                               Docket Management System (FDMC)                                                                               be reviewed at http://www.dot.gov/
                                                                                                       Programs Division, 202–366–4001,
                                               Docket Number FMCSA–2008–0362 for                       fmcsamedical@dot.gov, FMCSA,                          privacy.
                                               the MRB and FMCSA–2006–26367 for                        Department of Transportation, 1200
                                               the MCSAC using any of the following                                                                          I. Background
                                                                                                       New Jersey Avenue SE., Room W64–
                                               methods:                                                224, Washington, DC 20590–0001.                          Under 49 U.S.C. 31136(e) and 31315,
                                                 • Federal eRulemaking Portal: Go to                   Office hours are from 8:30 a.m. to 5                  FMCSA may grant an exemption for two
                                               http://www.regulations.gov. Follow the                  p.m., e.t., Monday through Friday,                    years if it finds ‘‘such exemption would
                                               online instructions for submitting                      except Federal holidays. If you have                  likely achieve a level of safety that is
                                               comments.                                               questions regarding viewing or                        equivalent to or greater than the level
                                                                                                       submitting material to the docket,                    that would be achieved absent such
                                                 • Fax: 202–493–2251.                                                                                        exemption.’’ The statute also allows the
                                                                                                       contact Docket Services, telephone (202)
                                                 • Mail: Docket Management Facility;                   366–9826.                                             Agency to renew exemptions at the end
                                               U.S. Department of Transportation, 1200                 ADDRESSES: You may submit comments                    of the two-year period.
                                               New Jersey Avenue SE., West Building,                   bearing the Federal Docket Management                    The physical qualification standard
                                               Room W12–140, Washington, DC 20590.                     System (FDMS) Docket No. FMCSA–                       for drivers regarding epilepsy found in
                                                 • Hand Delivery: U.S. Department of                   2013–0443 using any of the following                  49 CFR 391.41(b)(8) states that a person
                                               Transportation, 1200 New Jersey                         methods:                                              is physically qualified to drive a CMV
                                               Avenue SE., Room W12–140,                                 • Federal eRulemaking Portal: Go to                 if that person:
                                               Washington, DC, between 9 a.m. and 5                    http://www.regulations.gov. Follow the                   Has no established medical history or
                                               p.m., E.T. Monday through Friday,                       online instructions for submitting                    clinical diagnosis of epilepsy or any other
                                                                                                       comments.                                             condition which is likely to cause the loss of
                                               except Federal holidays.
                                                                                                         • Mail: Docket Management Facility;                 consciousness or any loss of ability to control
                                                 Issued on: October 7, 2016.                           U.S. Department of Transportation, 1200               a CMV.
rmajette on DSK2TPTVN1PROD with NOTICES




                                               Larry W. Minor,                                         New Jersey Avenue SE., West Building                    In addition to the regulations, FMCSA
                                               Associate Administrator for Policy.                     Ground Floor, Room W12–140,                           has published advisory criteria to assist
                                               [FR Doc. 2016–24927 Filed 10–13–16; 8:45 am]            Washington, DC 20590–0001.                            Medical Examiners in determining
                                               BILLING CODE 4910–EX–P                                    • Hand Delivery: West Building                      whether drivers with certain medical
                                                                                                       Ground Floor, Room W12–140, 1200                      conditions are qualified to operate a
                                                                                                       New Jersey Avenue SE., Washington,                    CMV in interstate commerce. [49 CFR
                                                                                                       DC, between 9 a.m. and 5 p.m., Monday                 part 391, APPENDIX A TO PART 391—


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Document Created: 2016-10-14 00:00:28
Document Modified: 2016-10-14 00:00:28
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
ActionAnnouncement of advisory committee public meetings.
DatesThe joint meeting will be held on Monday, October 24, 2016, from 9:15 a.m. to 5 p.m., Eastern Time (E.T.). On Tuesday, October 25, the MCSAC and MRB will meet separately. Copies of all task statements and an agenda for the entire meeting will be made available in advance of the meeting at http://mrb.fmcsa.dot.gov and http://mcsac.fmcsa.dot.gov.
ContactMs. Shannon L. Watson, Senior Policy Advisor, Federal Motor Carrier Safety Administration, U.S. Department of Transportation, 1200 New Jersey Avenue SE., Washington, DC 20590, (202) 366-5221, [email protected]
FR Citation81 FR 71169 

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