81_FR_71764 81 FR 71564 - Qualification of Drivers; Exemption Applications; Epilepsy and Seizure Disorders

81 FR 71564 - Qualification of Drivers; Exemption Applications; Epilepsy and Seizure Disorders

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration

Federal Register Volume 81, Issue 200 (October 17, 2016)

Page Range71564-71566
FR Document2016-24966

FMCSA announces its decision to renew exemptions of three 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 200 (Monday, October 17, 2016) 
[Federal Register Volume 81, Number 200 (Monday, October 17, 2016)]
[Notices]
[Pages 71564-71566]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-24966]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2014-0212]


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.

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SUMMARY: FMCSA announces its decision to renew exemptions of three 
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 August 28, 2016. The exemptions 
will expire on August 28, 2018. Comments must be received on or before 
November 16, 2016.

ADDRESSES: You may submit comments bearing the Federal Docket 
Management System (FDMS) Docket No. FMCSA-2014-0212 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 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

[[Page 71565]]

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 three 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 three applicants has satisfied the conditions for obtaining an 
exemption from the Epilepsy and Seizure Disorder requirements and were 
published in the Federal Register (79 FR 73394). 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 three 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 August 28, 2016, the following three individuals have 
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 (79 FR 73394): Peter Bender (MN); 
Terry Hamby (NC); and Louis Lerch (IA).
    These drivers were included in FMCSA-2014-0212. The exemptions were 
effective on August 28, 2016, and will expire on August 28, 2018.

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 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 three 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.


[[Page 71566]]


    Issued on: October 7, 2016.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2016-24966 Filed 10-14-16; 8:45 am]
 BILLING CODE 4910-EX-P

71564 Federal Register / Vol. 81, No. 200 / Monday, October 17, 2016 / Notices click on the ‘‘Live Video’’ link under • Fax: Fax comments to Docket DEPARTMENT OF TRANSPORTATION ‘‘Information Center’’ at the left side of Operations at 202–493–2251. the home page beginning at 10:00 a.m. Federal Motor Carrier Safety Privacy: In accordance with 5 U.S.C. on October 25, 2016. The Board also Administration 553(c), DOT solicits comments from the intends to hold a public hearing on the public to better inform its rulemaking [Docket No. FMCSA–2014–0212] report for all stakeholders and interested process. DOT posts these comments, parties to participate in this important Qualification of Drivers; Exemption without edit, including any personal discourse. The date of that hearing will Applications; Epilepsy and Seizure be announced in a subsequent Board information the commenter provides, to http://www.regulations.gov, as Disorders decision. described in the system of records AGENCY: Federal Motor Carrier Safety Decided: October 12, 2016. notice (DOT/ALL–14 FDMS), which can Administration (FMCSA), DOT. By the Board, Rachel D. Campbell, be reviewed at http://www.dot.gov/ Director, Office of Proceedings. ACTION: Notice of renewal of privacy. exemptions; request for comments. Kenyatta Clay, Clearance Clerk. Docket: Background documents or comments received may be read at SUMMARY: FMCSA announces its [FR Doc. 2016–25020 Filed 10–14–16; 8:45 am] decision to renew exemptions of three http://www.regulations.gov at any time. BILLING CODE 4915–01–P Follow the online instructions for individuals from the requirement in the accessing the docket or go to the Docket Federal Motor Carrier Safety Regulations (FMCSRs) that interstate Operations in Room W12–140 of the DEPARTMENT OF TRANSPORTATION commercial motor vehicle (CMV) West Building Ground Floor at 1200 drivers have ‘‘no established medical Federal Aviation Administration New Jersey Avenue SE., Washington, history or clinical diagnosis of epilepsy DC, between 9 a.m. and 5 p.m., Monday or any other condition which is likely [Summary Notice No. 2016–102] through Friday, except Federal holidays. to cause loss of consciousness or any Petition for Exemption; Summary of FOR FURTHER INFORMATION CONTACT: loss of ability to control a CMV.’’ The Petition Received; 501ZD Deana Stedman, ANM–113, Federal exemptions enable these individuals Aviation Administration, 1601 Lind who have had one or more seizures and AGENCY: Federal Aviation Avenue SW., Renton, WA 98057–3356, are taking anti-seizure medication to Administration (FAA), DOT. continue to operate CMVs in interstate email deana.stedman@faa.gov, phone ACTION: Notice. (425) 227–2148. commerce. DATES: The exemptions were effective SUMMARY: This notice contains a This notice is published pursuant to on August 28, 2016. The exemptions summary of a petition seeking relief 14 CFR 11.85. will expire on August 28, 2018. from specified requirements of Title 14 Issued in Washington, DC, on October 3, Comments must be received on or of the Code of Federal Regulations. The 2016. before November 16, 2016. purpose of this notice is to improve the Lirio Liu, ADDRESSES: You may submit comments public’s awareness of, and participation in, the FAA’s exemption process. Director, Office of Rulemaking. bearing the Federal Docket Management Neither publication of this notice nor System (FDMS) Docket No. FMCSA– Petition for Exemption 2014–0212 using any of the following the inclusion or omission of information in the summary is intended to affect the Docket No.: FAA–2016–6880. methods: legal status of the petition or its final • Federal eRulemaking Portal: Go to Petitioner: 501ZD. http://www.regulations.gov. Follow the disposition. Section of 14 CFR Affected: online instructions for submitting DATES: Comments on this petition must § 25.841(a). comments. identify the petition docket number and Description of Relief Sought: 501ZD • Mail: Docket Management Facility; must be received on or before November U.S. Department of Transportation, 1200 7, 2016. has requested that the FAA allow a Cessna Citation 500 airplane to operate New Jersey Avenue SE., West Building ADDRESSES: Send comments identified Ground Floor, Room W12–140, to a maximum cruise altitude of 41,000 by docket number FAA–2016–6880 Washington, DC 20590–0001. feet without incorporating the using any of the following methods: • Hand Delivery: West Building provisions of Cessna/Textron Service • Federal eRulemaking Portal: Go to Ground Floor, Room W12–140, 1200 http://www.regulations.gov and follow Bulletin SB500–21–9. This would result New Jersey Avenue SE., Washington, the online instructions for sending your in a maximum cabin pressure altitude of DC, between 9 a.m. and 5 p.m., Monday comments electronically. 10,000 feet during 14 CFR part 91 through Friday, except Federal • Mail: Send comments to Docket operations. Section 25.841(a) allows a Holidays. Operations, M–30; U.S. Department of maximum cabin pressure altitude of not • Fax: 1–202–493–2251. Transportation (DOT), 1200 New Jersey more than 8,000 feet under normal Instructions: Each submission must Avenue SE., Room W12–140, West operating conditions. include the Agency name and the Building Ground Floor, Washington, DC [FR Doc. 2016–24962 Filed 10–14–16; 8:45 am] docket number(s) for this notice. Note 20590–0001. that all comments received will be jstallworth on DSK7TPTVN1PROD with NOTICES BILLING CODE 4910–13–P • Hand Delivery or Courier: Take posted without change to http:// comments to Docket Operations in www.regulations.gov, including any Room W12–140 of the West Building personal information provided. Please Ground Floor at 1200 New Jersey see the Privacy Act heading below for Avenue SE., Washington, DC, between 9 further information. a.m. and 5 p.m., Monday through Docket: For access to the docket to Friday, except Federal holidays. read background documents or VerDate Sep<11>2014 14:22 Oct 14, 2016 Jkt 241001 PO 00000 Frm 00090 Fmt 4703 Sfmt 4703 E:\FR\FM\17OCN1.SGM 17OCN1

Federal Register / Vol. 81, No. 200 / Monday, October 17, 2016 / Notices 71565 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 three individuals listed in this As of August 28, 2016, the following a.m. and 5 p.m., Monday through notice have requested renewal of their three individuals have satisfied the Friday, except Federal holidays. The exemptions from the Epilepsy and renewal conditions for obtaining an FDMS is available 24 hours each day, Seizure Disorders prohibition in 49 CFR exemption from the Epilepsy and 365 days each year. If you want 391.41(b)(8), in accordance with Seizure Disorders prohibition in 49 CFR acknowledgment that we received your FMCSA procedures. Accordingly, 391.41(b)(8), from driving CMVs in comments, please include a self- FMCSA has evaluated these interstate commerce (79 FR 73394): addressed, stamped envelope or applications for renewal on their merits Peter Bender (MN); Terry Hamby (NC); postcard or print the acknowledgement and decided to extend each exemption and Louis Lerch (IA). page that appears after submitting for a renewable two-year period. These drivers were included in comments online. II. Request for Comments FMCSA–2014–0212. The exemptions Privacy Act: In accordance with 5 were effective on August 28, 2016, and U.S.C. 553(c), DOT solicits comments Interested parties or organizations possessing information that would will expire on August 28, 2018. 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 three 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 Federal Register (79 FR 73394). 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 that would be achieved absent such violation data. For non-CDL holders, the the goals and objectives of 49 U.S.C. exemption.’’ The statute also allows the Agency reviews the driving records 31136(e) and 31315. Agency to renew exemptions at the end from the State Driver’s Licensing V. Preemption of the two-year period. Agency (SDLA). These factors provide The physical qualification standard an adequate basis for predicting each During the period the exemption is in for drivers regarding epilepsy found in driver’s ability to continue to safely effect, no State shall enforce any law or 49 CFR 391.41(b)(8) states that a person operate a CMV in interstate commerce. regulation that conflicts with this is physically qualified to drive a CMV The three drivers in this notice exemption with respect to a person if that person: remain in good standing with the operating under the exemption. Has no established medical history or Agency, have maintained their medical VI. Conclusion clinical diagnosis of epilepsy or any other monitoring and have not exhibited any condition which is likely to cause the loss of medical issues that would compromise Based upon its evaluation of the three consciousness or any loss of ability to control their ability to safely operate a CMV exemption applications, FMCSA renews jstallworth on DSK7TPTVN1PROD with NOTICES a CMV. during the previous two-year exemption the exemptions of the aforementioned In addition to the regulations, FMCSA period. FMCSA has concluded that drivers from the Epilepsy and Seizure has published advisory criteria to assist renewing the exemptions for each of Disorders requirement in 49 CFR 391.41 Medical Examiners in determining these applicants is likely to achieve a (b)(8). In accordance with 49 U.S.C. whether drivers with certain medical level of safety equal to that existing 31136(e) and 31315, each exemption conditions are qualified to operate a without the exemption. Therefore, will be valid for two years unless CMV in interstate commerce. [49 CFR FMCSA has decided to renew each revoked earlier by FMCSA. VerDate Sep<11>2014 14:22 Oct 14, 2016 Jkt 241001 PO 00000 Frm 00091 Fmt 4703 Sfmt 4703 E:\FR\FM\17OCN1.SGM 17OCN1

71566 Federal Register / Vol. 81, No. 200 / Monday, October 17, 2016 / Notices Issued on: October 7, 2016. Corrections’’ (78 FR 58897; September smaller hazardous liquid spills or Larry W. Minor, 25, 2013). PHMSA will now post the resulting in methane releases; (2) are Associate Administrator for Policy. civil penalty framework on its Web site ‘‘repeat offenses’’ or violations of the [FR Doc. 2016–24966 Filed 10–14–16; 8:45 am] in order to provide greater transparency same safety standard in the past five BILLING CODE 4910–EX–P regarding administrative civil penalties. years; and (3) involve multiple instances This summary will be updated of the same violation. Finally, PHMSA periodically and is available at http:// recently increased its maximum civil DEPARTMENT OF TRANSPORTATION www.phmsa.dot.gov. Effective October penalties to account for changes in 17, 2016, PHMSA will also provide a inflation. (Pipeline Safety: Inflation Pipeline and Hazardous Materials more detailed proposed civil penalty Adjustment of Maximum Civil Safety Administration (PHMSA) calculation upon request to a Penalties, 81 FR 42564, June 30, 2016). [Docket No. PHMSA–2016–0101] respondent, along with the violation Administrative civil penalties report, and any other items in the case constitute only one of the enforcement Pipeline Safety: General Policy file, as defined in 49 CFR 190.209. tools that PHMSA employs to promote Statement; Civil Penalties PHMSA’s proposed penalty compliance with the pipeline safety calculation methodology is based upon regulations. While PHMSA is providing AGENCY: Pipeline and Hazardous 49 U.S.C. 60122 and 49 CFR 190.225. greater transparency to the regulated Materials Safety Administration The Associate Administrator must community, the agency retains broad (PHMSA), DOT. consider: discretion in its evaluation of the ACTION: Notice. (1) The nature, circumstances and gravity assessment considerations outlined in of the violation, including adverse impact on its regulations. The release of these SUMMARY: The purpose of this policy the environment; (2) The degree of the additional materials regarding the statement is to advise pipeline owners respondent’s culpability; (3) The proposed calculation of civil penalties and operators that the Pipeline and respondent’s history of prior offenses; (4) will not otherwise alter the Hazardous Materials Safety Any good faith by the respondent in administrative enforcement process. Administration (PHMSA) has now made attempting to achieve compliance; and (5) a civil penalty framework accessible on The effect on the respondent’s ability to Civil Penalty Framework its Web site and, effective October 17, continue in business. The Associate Administrator may consider: (1) The This summary provides a general 2016, a respondent in an enforcement overview to assist the public in economic benefit gained from violation, if case may request a proposed civil understanding civil penalty readily ascertainable, without any reduction penalty calculation related to that case. because of subsequent damages; and (2) Such calculations. Following an inspection or It further advises pipeline owners and other matters as justice may require. investigation of a pipeline facility that operators that PHMSA will, as reveals a probable violation, the Office appropriate, issue higher penalties in Consistent with this statutory direction, enforcement personnel use a of Pipeline Safety prepares a Violation order to apply stronger deterrence and Report to document the violation. For drive down incident risk. proposed civil penalty calculation to document consideration of these factors any violation that warrants a civil DATES: A respondent in an enforcement penalty, data from the completed and how its personnel arrive at a case may request the proposed civil proposed civil penalty. Violation Report is used to calculate penalty calculation associated with its The Pipeline Safety Act of 2011 (‘‘the risk-based civil penalties considering case, effective October 17, 2016. In 2011 Act’’) increased the maximum the statutory assessment factors in 49 addition, the civil penalty summary administrative civil penalties for U.S.C. 60122 and 49 CFR 190.225. attached to this policy statement is now violation of the pipeline safety laws and The assessment factors are listed available on PHMSA’s Web site. regulations to $200,000 per violation per below in the left side column of the FOR FURTHER INFORMATION CONTACT: Rod day, with a maximum of $2,000,000 for table. The middle column explains the Dyck, Enforcement Director, rod.dyck@ a related series of violations. These range of potential conduct that was dot.gov, 202–366–3844. administrative civil penalty maximums observed by PHMSA in connection with SUPPLEMENTARY INFORMATION: In apply to violations that occur or are the violation, generally from least to accordance with chapter 601 of Title 49, discovered after January 3, 2012. In most severe. A Violation Report must United States Code, after notice and an order to apply stronger deterrence and make a selection within this range for opportunity for a hearing, the Associate drive down incident risk, PHMSA each assessment factor. The right side Administrator may assess a civil penalty intends to exercise its current authority, column provides a range for the civil for a violation of a pipeline safety as appropriate, which will result in penalty that may be assessed under each regulation or order (49 U.S.C. 60122). In higher penalties across the board for any assessment factor. order to provide summary guidance to violation of Federal pipeline safety A civil penalty for a single violation operators about the penalty ranges for standards. In addition, PHMSA will give is arrived at by combining the amounts proposed penalties, PHMSA currently greater weight to certain factors when assigned under each assessment factor. provides a civil penalty framework assessing civil penalties, specifically for Application of the assessment factors in upon request, as referenced in an earlier violations that: (1) Are causal to an individual case will depend on the notice ‘‘Pipeline Safety: Administrative incidents or that increase the severity of facts specific to that case. Procedures; Updates and Technical incidents, including those involving BILLING CODE 4910–60–P jstallworth on DSK7TPTVN1PROD with NOTICES VerDate Sep<11>2014 14:22 Oct 14, 2016 Jkt 241001 PO 00000 Frm 00092 Fmt 4703 Sfmt 4703 E:\FR\FM\17OCN1.SGM 17OCN1


Document Created: 2016-10-15 01:52:16
Document Modified: 2016-10-15 01:52:16
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 August 28, 2016. The exemptions will expire on August 28, 2018. Comments must be received on or before November 16, 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 71564 
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